Document 2431609

T HE MAGA ZINE OF NOR T HWEST ERN UNIVERSI T Y SCHOOL OF L AW
VOLUME II
NUMBER 1
FALL 2013
Working for Justice in Cambodia
Library’s Rare Book Collection
Martins Make $10 Million Gift
Chapmans Fund Chaired Professorship
Nor t h w e s t e rn L aw Rep or t er
Fall 2013, Volume II, Number 1
De a n a nd H a rold Wa shin gt o n Prof e s s or
Daniel B. Rodriguez
A s so ci at e De a n of E nrollme n t,
C a re er Str at egy, a nd M a rk e t in g
Donald L. Rebstock
A s so ci at e De a n f or De v e lopme n t
a nd Alumni Re l at io ns
Jaci Thiede
A s sis ta n t De a n of M a rk e t in g
a nd C ommunicat ions
Kirston Fortune
Direct or of Alumni Re l at io ns
Julie Chin
Direct or of M a rk e t in g
a nd C ommunicat io ns
Kathleen Gleeson
Se nior De signe r
Mary Kate Radelet
C on tribut in g W ri t ers
Jerry de Jaager, Kirston Fortune,
Kathleen Gleeson, Tracy Marks,
Jennifer West
C o n tribut ing P ho t o gr a p he rs
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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Copyright ©2013. Northwestern University
School of Law. All rights reserved. 9-13/16M
T HE MAGA ZINE OF NOR T HWEST ERN UNIVERSI T Y SCHOOL OF L AW
VOLUME II
NUMBER 1
FALL 2013
4
6
10
26
F E AT U R E S
4
Martins Make $10 Million Gift
J. Landis “Lanny” Martin (JD ’73) and his wife, Sharon, make a
$10 million unrestricted gift to help the Law School implement
innovative strategies.
22
D E PA R T M E N T S
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 Scheffer and his students work year-round to bring
justice to the people of Cambodia.
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
50
56
59
Alumni News
Alumni Profiles
Class Notes
In Memoriam
60 Closing Remarks
FROM THE DEAN
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 flag 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 difficult 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 education share in common the essential responsibility to reflect 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, efficient 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 development 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 efficient level
and with due attention to student debt load and its impact on graduates’ well-being. We do not expect to find 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-reflection.
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
NOTEWORTHY
Law School Launching Master of Science in Law Degree Program
The 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-
Emerson Tiller
ricular enhancements to our traditional JD
and LLM programs, as well as creating new
initiatives to meet emerging needs.
Professionals with scientific, engineering, 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 fit together across the enterprise
to facilitate work flows and avoid potential
legal and regulatory problems.
Entrepreneurs with training in the science, technology, engineering, and math
(STEM) disciplines benefit from gaining
an understanding of elements of business law as well. For example, they often
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 professionals and entrepreneurs. The first 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.
“These individuals are not interested
in practicing law,” said Leslie Oster,
clinical associate professor
of law. “The legal and business training they receive
will help them be better at
what they are doing with
their technical training.
The 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 specifically for
MSL students—a core of basic classes that
includes contract law and design; liability,
risk, and insurance; business associations
patentinginventions,assessingpatent
eligibility,intellectualpropertyportfolio
management,andthechoicebetween
tradesecretsandpatents;
• lawandentrepreneurship,whichwill
focusontheissuesandopportunities
involvedinbringinganideafrom
conceptiontomarket,includinglaw
andtheentrepreneur,projectfinance,
employmentlaw,issuesinbusinessformation,businessstrategy,andbusiness
analytics;and
• regulatorystrategyandstandard-setting,
whichexaminesregulatorystrategy,statutoryinterpretation,federalregulatory
agencies,standardsetting,regulatory
analytics, 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
“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 TILLER
and tax; negotiations; alternative dispute
resolution; writing, communication, financial and presentation skills; and regulation
and legislation.
Building upon the core will be specialized elective classes and experiential activities in three interrelated concentrations
that will allow students to tailor a course of
study that meets their specific needs:
• patentsandintellectualproperty
design,wherestudentswilllearnabout
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.
FALL 2013 | 3
NOTEWORTHY
Lanny and Sharon Martin
Give $10 Million Unrestricted Gift
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 gift to the school.
Lanny Martin hopes the gift 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. “This gift serves as a wonderful 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. After success as a law firm associate and then partner
and member of the executive and firm 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. “That’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
firm 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
4 | NORTHWESTERN LAW REPORTER
J. Landis “Lanny” (JD ’73) and Sharon
Martin at their home in Denver.
and student programming and activities.
and chairman of the board of Crown Castle
“Gifts like this one go a long way toward enrichInternational Corporation, a leading independent
ing opportunities for our students, improving
owner and operator of wireless communication
the already-high academic reputation of the Law
sites. He is also a member of the board and lead
director of Denver-based
Intrepid Potash and of
Apartment Investment
“Gifts like this one go a long way toward enriching opportunities for our students,
Management Company,
one of the nation’s largest
improving the already-high academic reputation of the Law School, and undertakowners, operators, and
ing innovations that will prepare our students to become leaders in the profession.”
managers of apartments.
Sharon Martin earned
— DE AN DANIEL B. RODRIGUE Z
her bachelor’s degree from
Denison University, where
School, and undertaking innovations that will
she served for a decade as a trustee. She has been a
prepare our students to become leaders in the proleader in the Denver arts and education commufession,” said Dean Daniel B. Rodriguez. “We are
nity for more than 30 years.
thrilled about this unrestricted support of our Law
Unrestricted gifts such as the Martins’ provide
School and are committed to using these funds
the Law School with the flexibility to fund imporresponsibly and ambitiously to bring Northwestern
tant initiatives and programs, including financial
aid, classroom and facilities upgrades, faculty hires, Law to the highest level of excellence.” n
FALL 2013 | 5
NOTEWORTHY
Howard (JD ’58) and Betsy Chapman at the Allen
County Courthouse in Fort Wayne, Indiana.
6 | NORTHWESTERN LAW REPORTER
Howard and Betsy Chapman: Paying It Forward
For Howard Chapman (JD ’58), giving back is as much a he helped establish the firm of Bonahoom, Chapman &
McNellis, which merged in 1986 with Barrett, Barrett
privilege and an honor as it is an obligation. Chapman,
and McNagny to form Barrett & McNagny. Chapman
who attended Northwestern on an academic scholarwas a partner at that firm until he became of counsel
ship, will always be grateful for the opportunity to
in 2003. Along the way, he served as president of the
study law without worrying about finances.
Allen County (Indiana) Bar Association and was on the
“When I really needed help, the scholarship was
boards of the Waterfield Mortgage Company and the
crucial for both starting and completing my studies,”
Union Federal Bank of Indianapolis. he said.
Betsy, a musician, has coauthored three musical plays
Now, more than five and a half decades later,
for children, which have been performed nationally,
Chapman and his wife, Elizabeth (Betsy), have made a
and she has served on the boards of numerous com$3 million gift to the Law School to establish a chaired
munity and charitable organizations, including Arts
professorship in their names. The endowment will
United of Allen County and Fort Wayne’s Museum of
promote scholarly work in business law, trial advocacy,
Art, Civic Theatre, and Philharmonic.
trust or estate law, or a combination of these areas.
Together the Chapmans have made it a practice to
“When we get into our later years it behooves us all to
give back and volunteer—activities they charactergive 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 fitting to return the
“Great traditions, memories, and friendships were built when I was at the
gesture by repaying the school.
Academic scholarships allowed
Law School. I was fortunate to soak up so much knowledge and experience
Chapman to earn both his
from seasoned professors who helped make me the lawyer I am today.”
bachelor’s and law degrees at
Northwestern, where he and Betsy
— H O WA R D C H A P M A N (J D ’5 8)
met as undergraduates. They were
married shortly after he graduize as their “pleasure and civic duty.” Close to home,
ated in 1955, and that fall he entered Northwestern Law.
they established the Chapman Scholars Program and
Highlights of his three years as a JD student included a
the Chapman Distinguished Professorship in the
stint as associate editor of the Northwestern University
Department of English and Linguistics at Indiana
Law Review and election to the Order of the Coif.
University-Purdue University Fort Wayne. And before
“Great traditions, memories, and friendships were
Northwestern Law received the couple’s recent $3 milbuilt when I was at the Law School,” said Chapman. “I
lion gift, they had already established the Howard and
was fortunate to soak up so much knowledge and expeBetsy Chapman Law Scholarship Fund.
rience from seasoned professors who helped make me
“It is my hope that the scholarship fund gives the best
the lawyer I am today.”
and the brightest the opportunity to get an education at
Chapman’s long career in law began—and has
thrived ever since—in Betsy’s hometown of Fort Wayne, a top-tier law school,” said Chapman, speaking not just
Indiana, where the couple moved after Howard received as a proud alumnus with a distinguished career under
his belt. As a onetime scholarship recipient himself, he
his degree in 1958. There he joined Shoaff, Keegan &
believes in the power of paying it forward. n
Baird and was made a partner in 1963. Seven years later
FALL 2013 | 7
NOTEWORTHY
Searle’s New Direction
E M E RG I N G IN I T I AT I V E S SH A P E
F U T URE C E N T E R RE SE A RC H
N E W DIREC T O R:
M AT T HE W L . SP I T Z E R
One of the many unique things about
Northwestern is the Searle Center on
Law, Regulation, and Economic Growth.
Established in 2006, the Searle Center
On September 1, 2013, Matthew L. Spitzer,
the Howard and Elizabeth Chapman
Professor at Northwestern Law, assumed
the directorship of the Searle Center.
Matthew L. Spitzer, Director, Searle Center on Law, Regulation, and Economic Growth;
Howard and Elizabeth Chapman Professor
conducts research into how government
regulation, and the interpretation of
laws and regulations by the courts, affect
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. The 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 incentivizing technological innovation.
8 | NORTHWESTERN LAW REPORTER
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 efficiency, will substantially expand the Searle
Center’s public reach,” said Dean Daniel
B. Rodriguez. “The Center is well positioned 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 scholars produce in the future.”
The Searle Center takes only one position
with respect to public policy: economic
growth and economic efficiency are
good. As to how best to achieve growth
and efficiency, the Center takes no position. 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; entrepreneurship 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 scholars from other leading universities.
Q UA L C O M M GI V E S $2 M IL L I O N
F O R PAT E N T RE SE A RC H
Under 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 increasingly complex legal environment,” said
Spitzer. “Critics claim that patents may, in
some cases, limit technological advancement. There is a lot of discussion about
‘patent thickets,’ ‘hold-up,’ and ‘royalty
research in this area. As a whole, these elements will generate new insights and pave
the way for an understanding of the important roles that patents and other types of
intellectual property play in innovation.
Additional key research areas include:
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.
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.”
The grant will make it possible for the
Searle Center to create a series of related
databases to collate information regarding
technology standards, standards organizations, 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 databases to understand how inventive activity
occurs, how it is commercialized, and what
might be done to facilitate future innovation,” Spulber said in describing the project.
The grant also funds a series of conferences and roundtables to examine and
improve research in the field. Additionally,
Spulber will edit an annual special issue of
the Journal of Economics & Management
Strategy to disseminate the results of new
• TheEnvironmentalLawandPolicyprogram focuses on research and education
regarding a broad range of issues involving existing and emerging technologies
and industries that are potential sources
of risks and benefits to the environment.
Conferences in this research area are
organized by David A. Dana, Kirkland
& Ellis Chair, Northwestern University
School of Law.
• TheCompetition,Antitrust,and
Regulationprogram focuses on research
related to the law and economics of competition policy including both antitrust
and regulation. The 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 examines 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 affiliate 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
M AT T H E W L . SP I T Z E R
A nationally recognized expert in
law and economics, broadcast
regulations, and mass media law,
Matthew L. Spitzer is the director 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 director 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 administrative law, telecommunications
regulation, and economic analysis of
law, and has published a number of
books and articles in these fields. n
FALL 2013 | 9
A Hidden Treasure
The Law School’s Rare Book Collection
I n 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 K adens
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 collections of rare continental European and English law books in the United States.
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 comparative 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
12 | NORTHWESTERN LAW REPORTER
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, librarian 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
Left: This detail comes from the first page of a volume of commentaries on the canon law written 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 first page of each volume decorated with his personal 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
volumes document that Wigmore also
augmented the collection with occasional 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 opportunity 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
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
first 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 northern France, and it proved popular throughout the regions now encompassing not only northern
France, but also Belgium and the southern Netherlands.
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
FALL 2013 | 13
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 first century BC to the third century AD; the Codex,
a collection of imperial statutes; and the Institutes, a first-year
law book. After disappearing in the West for five 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.
14 | NORTHWESTERN LAW REPORTER
twelve enormous volumes kept in
is several years since I have laid any
their own special cabinet in the rare
such proposal before you, knowbook room.
ing full well your instructions that
About the next two major acquisiyou did not care to add any more
tions much remains unknown. In
to the basic collections.” But the
1927 Northwestern came into possesTrampont library was too important
sion of several dozen volumes of decito pass up, explained Wigmore. Its
sions from 16th- and 17th-century
extensive coverage of the customary
Italian courts and jurists. The books
law of the French provinces for the
came from the Harvard Law Library,
years 1500–1700 “is indispensable
which had purchased them in 1905
to scholars in the history of French
as part of the library of a Milanese
law, and therefore of Anglo-Norman
lawyer, Muzio Melloni. Neither the
and Anglo-American law.” Six days
Harvard nor the Northwestern librarlater, Gary’s personal secretary
ies have any records explaining how
wrote that Gary had authorized the
purchase. Combined with Wigmore’s or why the books were transferred.
The final significant purchase was
focused purchases through Nijhoff,
by far the largest and most importhese rare volumes—several of them
handwritten copies from the 17th and tant, but about it we have even less
information. The library’s account
18th centuries—gave the library a
thorough collection of French, Italian, book for 1937 notes a purchase of
“Law Library of a medieval monastery
and Belgian books of early modern
in Austria” from Hans P. Kraus for
customary law.
$12,800. Kraus was one of the most
Perhaps the oddest addition came
prominent antiquarian book dealers
in 1925, when an Englishman wrote
of his time. Unfortunately, he had
to Gary offering to sell his collection
of 460 English legal documents dating to flee Vienna in 1938 ahead of the
Nazis, who confiscated all his business
from 1290 to 1783. Gary forwarded
records. Coupled with the silence
the letter to Wigmore, who made
of the Northwestern archives on
plans to visit England to see the colthe transaction, we do not know
lection and importuned Gary to pay
how it came about or whether
for it. The documents now reside in
hat 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 inscriptions and occasionally discursive notes by the first owner about his purchase.”
“W
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 contemporaneously. The books were usually
not new when they came to the
Carmelites. Most bear prior ownership 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 first 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.
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
16 | NORTHWESTERN LAW REPORTER
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 primarily 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 ecclesiastical worthies in a funeral procession held in October
1613. The library owns the extremely rare first edition.
book collection. They range from
the most common works of Roman
and canon law, to spectacular early
editions with hand-drawn lettering and painted illuminations, to
oddities such as an extremely rare
seventeenth-century German guide
to political economy for princes
illustrated with lavish, often haunting 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 significance 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 medieval English law, was well placed to
remedy that deficiency. The Library’s
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 continue to exist to enable us to do that.”
“W
accounts from this period show him
making strategic purchases from
English and foreign dealers, augmenting the collection slowly but wisely
each year.
Aside from the occasional gift, such
as the volumes of medieval juristic 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 subsequent 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 connection 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
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 NEWS
Clinic Launches Advisory Board
The 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 staff to raise funds
from alumni, friends of the school, corporations, and foundations.
“The 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
financially but, even more significantly, in guidance. Alumni
can help the Clinic continue
to enhance its vibrant teaching 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 presenLeft: Bluhm Legal Clinic advisory board cochairs Herold “Mac” Deason (JD ’67) and Terri Mascherin (JD ’84) at the May kickoff meeting.
tations about their current projRight: Steven A. Drizin (JD ’86), assistant dean of the Bluhm Legal Clinic, informs board members about current projects of the Center on
ects at the May kickoff meeting.
Wrongful Convictions and the Center on Wrongful Convictions of Youth.
“One of the main goals of that
first meeting was to bring us
all up to date on what the Clinic is doing: the work of its centers, its
alumni who share the Clinic’s commitment to training skilled,
many programs, and the crucial issues the program directors are
ethical, and reform-minded professionals.
facing,” said Mascherin. “With this information the board can begin
“Our board members offer a number of important perspectives as
thinking about ways to navigate these challenges and find opportupracticing attorneys and as Northwestern Law alumni using their
nities to help the Clinic continue to do groundbreaking work.”
degrees in law firms, business, government, and public service,”
Dean Daniel B. Rodriguez established the advisory board with
said Deason, who serves as counsel at Bodman in Detroit. “It is our
the help of Bluhm Legal Clinic director and associate dean for
hope that Clinic faculty and administrators can capitalize on the
clinical education Thomas F. Geraghty (JD ’69).
wealth of practice experience on the board to test ideas intended to
The group will meet again in November. n
help the Clinic better prepare students to practice law.”
A 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
Bluhm Legal Clinic Advisory Board
Herold “Mac” Deason (JD ’67)
Myles “Mush” Berman (JD ’83)
Graham Grady (JD ’83)
Christopher Lind (JD ’94)
COCHAIR
Michael Bien (JD ’80)
Peter Humphreys (JD ’81)
Hon. Algenon Marbley (JD ’79)
Terri Mascherin (JD ’84)
Meredith Bluhm-Wolf (JD ’85)
Amy Kaplan (JD ’97)
Richard Trobman (JD ’91)
COCHAIR
Hon. Ruben Castillo (JD ’79)
Ivy Lewis (JD ’85)
Angela Vigil (JD ’95)
18 | NORTHWESTERN LAW REPORTER
Children and Family Justice
Center Helps Pass “Raise
the Age” Bill
ELC director Esther Barron (JD ’95) and assistant director Stephen Reed record a video lecture segment
for their new MOOC, Law and the Entrepreneur
Entrepreneurship Law Center Launches New
Massive Online Course
The Bluhm Legal Clinic’s
Entrepreneurship Law Center has
launched a new massive open online
course as part of a universitywide initiative to provide selected
Northwestern courses globally through
a large-scale digital platform. The new
course, Law and the Entrepreneur, is
scheduled to start in October.
Northwestern MOOCs are a product
of a partnership with Coursera, an education company that partners with top
universities and organizations throughout the world to make online courses
available to anyone for free. The
company has a platform that combines
mastery-based learning principles with
video lectures and interactive content.
The massive online format of the
class allows for geographically diverse
students to access Chicago-based entrepreneurs 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; financing a new venture; risk
management; and the relationship
between attorneys and entrepreneurs.
“Through 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 entrepreneurs who are starting a business. Their
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 protect a new venture and spot potential
issues from a business-legal perspective.
“As we learn more about online learning, 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
HB 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 jurisdiction 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.
“The resulting expansion of juvenile court jurisdiction will ensure that up to 4,000 17-year-olds typically
arrested for felony offenses in our state each year will
no longer be processed, prosecuted, and imprisoned
as adult criminals,” said CFJC director Julie Biehl
(JD ’86). “The 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 commissioner. The 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.
“This is a landmark achievement for juvenile
rights,” said Biehl. “Through 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
affected by the law. n
FALL 2013 | 19
CLINIC NEWS
Conviction Overturned for Center for Criminal Defense Client
Center for Criminal Defense client Olutosin
Oduwole was released from a Jacksonville,
Illinois, prison in March after an appeals
Olutosin Oduwole
court overturned the aspiring rapper’s
conviction and five-year sentence.
A former Southern Illinois University
Edwardsville student, Oduwole was convicted in 2011 for attempting to make a terrorist 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, on Wrongful Convictions and now an
attorney with Loevy & Loevy.
and he claimed that the words were an
“Sarah gave a brilliant oral argument
exploratory draft for a rap song and were
in the appellate court, after which our
never meant to be shared or made public.
confidence was quite high,” Urdangen said.
CCD director Jeff Urdangen tried the
“In addition, many of my students worked
case in Edwardsville with local co-counsel
hard on behalf of this client over the past
Justin Kuehn.
few years, and Sarah had excellent assis“I found this case to be remarkable for a
tance from students throughout the appeals
variety of reasons,” Urdangen said. “One of
process as well.”
those was the myopia of Madison County
The Illinois Fifth District Appellate Court
prosecutors, unwilling to concede the
overturned the conviction in a unanimous
obvious—that our client’s words were
decision.
artistic expression, not a threat to commit
In May the Illinois Supreme Court
violence. I was also astonished that despite
declined to review Oduwole’s case, and
our objections, we were forced to proprosecutors are prohibited from bringing
ceed to trial with quite the opposite of a
him to trial again.
jury of my client’s peers. Tosin is a young
“Because the appellate court based its
Nigerian hip-hop aficionado, and the
jurors, unfortunately, were all white, mostly opinion on insufficiency of the evidence,
Oduwole was in effect acquitted by that
rural, and predominately late middle age.”
court, and that judgment is now final,”
Urdangen filed an appeal and teamed
Urdangen said. “In the end, the appelwith other counsel from the Bluhm Legal
late review process worked as it should,
Clinic, including Appellate Advocacy
producing a thoughtful opinion that found
Center director Sarah Schrup and former
a rational jury could not have returned a
student Steven Art (JD ’09), a founding
member of the Justice Council of the Center guilty verdict on these facts.” n
Charges Dismissed for Nicole Harris
Nicole Harris (right) hugs Alison Flaum, legal director of the Children and Family
Justice Center and clinical associate professor of law.
20 | NORTHWESTERN LAW REPORTER
In June the Bluhm Legal Clinic’s Center on Wrongful Convictions staff
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 after being physically and psychologically coerced during more than 27 hours of police interrogation.
Harris was convicted in a Cook County jury trial after 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 fitted sheet.
Harris sent a letter to then CWC director Steven A. Drizin (JD ’86)
appealing for help. Along with Alison Flaum, then a CWC staff lawyer,
and Robert R. Stauffer, 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
Daniel Taylor Exonerated of Murder Charges
In 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 officer
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 filed a petition to be retried but
was unable to obtain a hearing. The CWC
took on the case in 2011. Karen Daniel,
clinical professor of law and CWC senior
staff attorney, filed 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.
The Cook County state’s attorney’s office
decided to dismiss Taylor’s conviction after
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
DNA Testing Granted for Johnnie Lee Savory
After 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.
“This means hope for Johnnie,” said Joshua Tepfer, clinical assistant professor 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, fingernail scrapings, hairs found on the victims’ hands, a light switch plate, bloodstained pants, and swabs taken from Cooper’s body. The parameters
of the testing will be established at a hearing. n
FALL 2013 | 21
CLINIC NEWS
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.
Multidisciplinary and Multicultural
Innovative Program Improves Access to Health
This fall a team from the Northwestern Access to Health
Project will finalize a plan to improve healthcare for impoverished 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.
These 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 after consulting
22 | NORTHWESTERN LAW REPORTER
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 identified. During spring break, ATH conducts a
site visit, meets with community members and partners, and
establishes the foundation for the project. The plan is refined
over the spring and summer, launched in the fall, and evaluated after six months and one year.
“What makes this program so rewarding is both the impact
on communities in the developing world and on ATH students,” said Sorensen. “The interdisciplinary nature makes
the program more effective and prepares students for the real
world. They are sitting down at the table, working constructively with peers in the business and medical schools. This is
vital training that will make them outstanding lawyers.”
“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.”
— E W U R A B E N A H U T C H F U L (J D ’14)
communities so they may share HIV/AIDS prevention inforSamantha Woo (JD ’12) worked on the 2012 emergency
mation and resources. In September, ATH faculty will meet
obstetrical care project in Ethiopia. She was among four law
students who traveled to Bonga to visit the district hospital and with a community advisory board in Guaymate to finalize the
project, which is expected to launch in October.
talk with health professionals, patients, and community lead“Courses and projects like this enable us to effect real,
ers. Based on findings from the visit, an emergency-obstetrics
tangible change in the world,” said Dean Daniel B. Rodriguez,
training program was developed for healthcare providers.
“and working together in an interdisciplinary setting is the
ATH is currently evaluating its effectiveness.
only way to tackle complicated access to healthcare issues.
“In the US, maternal health is primarily a public health
What’s more, programs such as ATH provide students with
issue. But in the developing world, it is a multifaceted probinvaluable opportunities to build skills, work collaboratively,
lem that calls into question basic human rights like the right
and improve the lives of people in the developing world. ATH
to healthcare,” said Woo. “Part of our work was to research
is transforming the role of universities in the 21st century and
Ethiopia’s constitution and legal system to understand
the resources they bring not only to research and education
obstacles to healthcare and find ways to address them.”
but to community outreach on a global level.”
In 2013 in Guaymate, Dominican Republic, ATH students
“This is the best experience I’ve had at Northwestern,” said
focused their studies on maternal health, HIV/AIDS, family
Hutchful. “We contributed toward something that will make
planning, and type 2 diabetes, which is on the rise in the
a difference to an entire community. We met with local stakeDominican Republic. Many Haitian immigrants and lowholders and a diverse community of people, some of whose
income Dominicans reside in “bateys,” or rural communities
voices would not otherwise be heard or reported… and their
of migrant sugarcane workers. They suffer extreme poverty
involvement will help drive the success of this project.” n
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
Children in a one-room schoolhouse in another batey near Guaymate.
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 participated in the site visit. “Batey residents, healthcare workers, local NGOs, youth, and educators
identified the need for health education programs 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 nutritional problems exacerbating type 2 diabetes;
capitalizing on the popularity of a local baseball
team to help disseminate nutritional information; and networking sex workers in separate
FALL 2013 | 23
Inside the court room at the
Extraordinary Chambers in the
Courts of Cambodia at the Duch
verdict on July 26, 2010.
JUST ICE for
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
C A MBODI A
FALL 2013 | 25
EC CC AT A
GL A NC E
• Seventeenjudgespresidingin
threechambers:thePre-Trial
Chamber,TrialChamber,and
SupremeCourtChamber.
• Ineachchamberthemajorityof
judgesareCambodian.
• Twoco-investigatingjudges:
oneCambodianandone
UN-nominatedforeigner.
• Twoco-prosecutors:
oneCambodianandone
UN-nominatedforeigner.
• Anydecisionorjudgmentby
oneofthechambersrequires
thesupermajority(majority
plusone)voteofthejudges.
26 | NORTHWESTERN LAW REPORTER
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.
Scheffer had worked on Cambodian issues before—in 1979, as an associate at the international 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 assistance came from the Cambodian government, Scheffer was uniquely positioned to negotiate 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.
DOCU M E N T I NG T H E
EC CC ’S WOR K
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.
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 convicted 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 scheduled 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
The Cambodia Tribunal Monitor, an awardwinning 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 documents 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 commentary 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
FALL 2013 | 27
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.
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 millions of dollars must be raised to carry on its work.)
C E N T E R FOR
I N T E R N AT ION A L H U M A N R IGH TS
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 extraordinary 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 opportunity 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
28 | NORTHWESTERN LAW REPORTER
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 credential will place them on par with top law
graduates from the many countries where
an advanced degree in law is more commonplace than it is here in the US.”
In addition to classroom work, students 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 relationships 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 international courts and organizations and in
domestic legal systems. The program has
Cambodians have attended—more observers than all of the other
Outreach and information gathering have been essential
modern war crimes tribunals combined. DC-Cam and court offiobjectives of the ECCC in partnership with the Documentation
cials also meet with villagers to provide updates on the courtroom
Center of Cambodia (DC-Cam). “It is imperative that a new
proceedings and encourage them to share their own stories.
generation of Cambodians understand what happened under Pol
“The justice that is
Pot,” said Scheffer.
being explored and
Until a few years ago,
rendered in these
no textbooks in second“BE C AUSE T H E T R I A L S A R E TA K I NG PL AC E I N
courtrooms, along
ary schools included
C
A
M
B
ODI
A
I
NS
T
E
A
D
OF
I
N
T
H
E
H
AGU
E
,
T
H
E
E
C
C
C
with the involvement of
information about the
W I L L E S TA BL I SH W I T H I N C A M B ODI A A PR E C E DE N T
the Cambodian people,
atrocities. Students
F OR T H E DE F E AT OF L E A DE R SH I P I M PU N I T Y.”
will be the true legacy
learned about their
of the ECCC,” said
own history through
— DAV I D S C H E F F E R
Scheffer. “Because the
family members, if at
trials are taking place in
all. DC-Cam is comCambodia instead of in
mitted to maintaining
the world’s most comprehensive databases on Khmer Rouge history, The Hague, the ECCC will establish within Cambodia a precedent for
the defeat of leadership impunity. Tribunals such as the ECCC show
and one of its projects is the publication of new textbooks.
the world that atrocity crimes no longer will be tolerated and that leadAs part of the education process, buses drive all night so vilers will be held accountable for their actions under international law.” n
lagers can witness courtroom proceedings. More than 200,000
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 special 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 instruments of justice and due process around
the world,” said Dean Daniel B. Rodriguez.
“Back home in Chicago, our students benefit
enormously from the incomparable experiences 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
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
FACULTY FOCUS
Scheffer Awarded Fall 2013 Berlin Prize Fellowship
David J. Scheffer 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. The prize allows fellows to
served on the Deputies Committee
of the National Security Council and
as senior counsel to UN ambassador
Madeleine Albright during the first
term of the Clinton administration.
Drawing on those experiences, Scheffer
will write a comprehensive narrative
This fellowship will allow him to
expand that important work.”
Scheffer 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 first US ambassador at large for
war crimes issues and was instrumental in creating war crimes tribunals in
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
pursue independent study and engage
with their German counterparts and
with Berlin’s vibrant academic, cultural,
and political life.
Scheffer, 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 indepth examination of American policy
during the Yugoslav wars, with particular focus on 1993 through 1996. Scheffer
30 | NORTHWESTERN LAW REPORTER
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.
“This is both a terrific honor and
an opportunity for David,” said Dean
Daniel B. Rodriguez. “His excellent
scholarship and advocacy have aided
greatly in the development of meaningful international justice mechanisms.
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,
Scheffer also serves as the UN secretarygeneral’s special expert on UN assistance to the Khmer Rouge trials.
A private, nonprofit, nonpartisan
center for advanced research in a
range of academic and cultural fields,
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 emerging or established scholars, writers, and
professionals, who are selected by an
independent committee. n
Rubinowitz Honored with Public Service Award
Professor 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 promoting 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. These 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 stuff 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, examines 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.
The Leonard Jay Schrager Award of Excellence recognizes
attorneys in academia for their contributions to improving
access to justice for the less fortunate. The award’s endowment by the Reed Smith law firm and its partners allows
the recipient to choose a law school or legal aid program for
“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.”
— DE AN DANIEL B. RODRIGUE Z
a Chicago Bar Foundation grant. Rubinowitz selected the
Bluhm Legal Clinic as the recipient of this grant.
This 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 director of the Bluhm Legal Clinic’s Center for Externships, was
the 2012 recipient. n
Len Rubinowitz
FALL 2013 | 31
FAC U LT Y F O C U S
Professor Jack Heinz: Leader in Law and Society Movement
Emeritus Professor’s Past and Present Works Represent a Range of Interests
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 businesses. Heinz said, “The stratification of the bar was surprisingly clear, rigid, and bipolar. The two sectors differed not
only in clientele but in the lawyers’ social origins, education,
office 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, The Hollow Core—for which more
than a thousand interviews were conducted—thoroughly and
carefully delineated the relationships among lawyers and lobbyists
in the formation of national policies, and in 2005 he revisited the
“His career-long investigations of the patterns of power, influence, and stratsocial structure of the Chicago bar
in Urban Lawyers.
ification within the legal profession have enabled us to see our discipline in
Since Urban Lawyers, he has
new ways. And just as important, his methodological rigor and innovativecreated, in collaboration with Ann
Southworth and Anthony Paik, a
ness have set a standard for empirical studies of the legal profession.”
series of network-analysis-based
studies of lawyers’ influence on
—J I D E N Z E L I B E , P R O F E S S O R O F L AW A N D
policy making. The editors of a
A S S O C I AT E D E A N O F FA C U LT Y A F FA I R S
symposium in honor of Heinz,
which was published in the journal
Law & Social Inquiry, describe this recent work as “an extenof legal scholarship, and inspired subsequent generations
sive research enterprise” that has “refreshed the agenda of
of scholars and practitioners. Having retired from the
research on the power of lawyers.”
Law School in 2007, he is now Owen L. Coon Professor of
Heinz’s interests and methods established him as a leader
Law Emeritus.
in the law and society movement, which in its early years was
“The themes of Jack’s work are deeply important,” observed
centered at Northwestern and a handful of other universities.
Jide Nzelibe, professor of law and associate dean of faculty
Among other things, he was the first director of the univeraffairs. “His career-long investigations of the patterns of
power, influence, and stratification within the legal profession sity’s Program in Law and the Social Sciences; he chaired
the Law and Justice Program at the university’s Institute for
have enabled us to see our discipline in new ways. And just as
Policy Research; he served on the editorial board of Law and
important, his methodological rigor and innovativeness have
Society Review; and he received the Harry Kalven Prize from
set a standard for empirical studies of the legal profession.”
the Law and Society Association for distinguished research.
Heinz’s first large-scale research into the legal profession
“Jack’s leadership in the law and society movement was
began in 1975, when he and sociologist Edward Laumann led
typical of the leadership he has shown everywhere,” said
an expansive study—which included 777 interviews—of the
Shari Diamond, Howard J. Trienens Professor of Law. “I
Chicago bar. The resulting book, Chicago Lawyers: The Social
think he earns that leadership in part because he is admirable
Structure of the Bar, published in 1982, gained widespread
in so many ways—as a careful and thorough scholar; as an
attention for its detailed profile of the practice of law, and
In 1965, having finished three years of military service after
graduating from Yale Law School, John P. “Jack” Heinz joined
the Northwestern Law faculty. He recalled that his decision
to accept Northwestern’s offer was heavily influenced by statistical 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 offered to me. Being a quantitative guy, the choice was easy.”
He did find 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
32 | NORTHWESTERN LAW REPORTER
Jack Heinz
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 Rubloff
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 influential four-plus years as executive director; he was a director
for many years of organizations that include the prison-reformfocused John Howard Association of Illinois and the Appleseed
Fund for Justice; and he served on many government commissions aimed at the fair administration of justice.
Demonstrating the truth in Professor Diamond’s additional 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 first year
at the law school until his last, bringing his
wide-ranging curiosity into the classroom
in ways that influenced 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 intellectual 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 material maintained everyone’s interest.”
Heinz’s contributions are still vitally important, 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, firm structure, career satisfaction, and the policy influence of lawyers, to
name just a few. Not only is he still addressing 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 reflected. “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 accumulation of days. I was busy. I still am.” n —Jerry de Jaager
FALL 2013 | 33
FAC U LT Y F O C U S
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.
Michelle Falkoff
C L I N I C A L A S S O C I AT E P R O F E S S O R O F L AW ;
C O M M U N I C AT I O N A N D L E G A L R E A S O N I N G
P R O G R A M (FA L L 2013)
BA, University of Pennsylvania; JD, Columbia University;
MFA, University of Iowa
Michelle Falkoff 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. Falkoff 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 figure out how to pick and choose
between them,” said Falkoff. “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 field you’re in. This is particularly helpful in
teaching legal writing and analysis. There is so much
evolution happening in the legal academy, so it’s a really
exciting time to be a legal writing teacher.”
Falkoff received her law degree from Columbia
University and practiced intellectual property litigation in Silicon Valley before leaving legal practice to
go to the Iowa Writers’ Workshop, where she received
a master of fine arts degree in fiction 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 benefits of being an institution in a big city with a
variety of resources in the Chicago legal community,”
said Falkoff. “It will be my goal to use those benefits to
push the CLR program to a place where students will
be primed and ready to enter the legal field.” n
Michelle Falkoff
Laura Pedraza-Fariña
A S S I S TA N T P R O F E S S O R O F L AW (FA L 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
34 | NORTHWESTERN LAW REPORTER
implications of sociological studies on tacit scientific
knowledge for the disclosure theory of patent law, and
a study of how the specialized court structure of patent
law influences 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 scientific research.
She worked as a consultant for the Open Society
Foundations, where she researched the national implementation of global commitments to fight HIV/AIDS.
Her work there sparked an interest in patent law.
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 decisions 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 figuring out what should
be patented and what should not. These are issues that
make for perfect classroom discussion and debate.” n
Laura Pedraza-Fariña
Carole Silver
P R O F E S S O R O F G L O B A L L AW A N D P R A C T I C E
(S P R I N G 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 influence 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 firms. Her
work also addresses the ways in which law firms are
global organizations; she has used lawyer biographies
to analyze global strategies and patterns of growth of
large US-based law firms. Additionally, she examines
the value of US legal education in the careers of international 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, conflict of laws and international securities regulation, and comparative corporate governance,
among others. She also taught an early version of the
International Team Project course, traveling with students 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 professor of law at Indiana University Maurer School of Law,
where she taught a new course on global corporate law
and lawyering and a first-year course on the legal profession, 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 engagement. Earlier, she was executive director of the Center
for the Study of the Legal Profession and visiting professor 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 structural factors that shape and
inhibit interaction among individuals from different countries and cultures, whether in
a law school with an international student body or a law
firm with a global footprint,”
she said. “Interaction is
crucial to success in a global
market. The legal profession now is intensely global
at the same time that it also
has maintained an important local focus; this tension,
among others, is at the core of
my research." n
Carole Silver
FALL 2013 | 35
FAC U LT Y F O C U S
New Clinical Faculty
Alyson Carrel
C L I N I C A L A S S I S TA N T P R O F E S S O R
O F L AW
BA, University of Florida; JD, University of
Missouri–Columbia
Alyson Carrel
After serving last year as a visiting clinical 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
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.
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. “The Center allows us to help
students become good strategic thinkers in
terms of representing clients.”
Carrel’s interest in mediation, negotiation, and conflict resolution was sparked at
a workplace conflict management training
in 1992. Since then she has trained thousands of people in those skills.
“That training was the first time I was
exposed to the very structured process
of mediation,” she said. “I was intrigued
because it empowered parties, had a longlasting resolution, and was party centered,
driven, and designed.”
A former training director for the Center
for Conflict Resolution in Chicago, Carrel
was lead trainer for CCR’s 40-hour mediation skills training and designed and taught
a variety of customized trainings. She
worked with a wide range of clients, including 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 smallclaims mediation, victim-offender mediation, and conflict resolution skills.
Carrel subscribes to the Center on
Negotiation and Mediation’s approach to
teaching—experiential learning and practical application—and aims to teach students
to serve as advocates and counselors in
helping clients solve their problems.
“There 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 Nirider
Laura Nirider
C L I N I C A L A S S I S TA N T P R O F E S S O R O F 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.
“The 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.”
36 | NORTHWESTERN LAW REPORTER
Nirider has represented several
defendants in high-profile cases
involving juvenile false confessions, including members of the
West Memphis Three case, one of
the highest-profile murder cases in
Arkansas history.
Aside from working on wrongful
convictions cases, Nirider is involved
in public advocacy for juvenile interrogation reforms, including collaborative efforts 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 interrogations and postconviction relief. In
partnership with the International
Association of Chiefs of Police, she
coauthored one of the only existing
juvenile interrogation protocols. n
Joshua Tepfer
C L I N I C A L A S S I S TA N T P R O F E S S O R
O F L AW
BA, Grinnell College; JD, University of Minnesota
Joshua Tepfer has assumed a new title, clinical assistant professor of law, as he continues 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. The 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.
“There’s no greater feeling in the world
than being able to represent the innocent,
so I’m excited to continue my work here
Rob Owen
C L I N I C A L P R O F E S S O R O F 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 staff. 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 Thurgood Marshall Award in recognition of his
work representing death-sentenced prisoners.
Owen began his career as a lawyer with the nonprofit Texas Resource Center in Austin.
After six years as a staff 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. There he codirected the Capital Punishment
Clinic, taught lecture courses on capital punishment, and led an undergraduate freshman
seminar on the death penalty. n
Rob Owen
at Northwestern Law,” said Tepfer. “The
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 clients 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. “The
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 highprofile cases of the Dixmoor Five and the
Englewood Four, in which the CWCY
Joshua Tepfer
represented two of the men wrongfully
convicted and eventually exonerated.
He has also worked with CWCY staff,
students, and attorneys to instate policy
change to transform juvenile interrogation
tactics and has trained law enforcement
officials and others in best practices for
questioning youth. n
FALL 2013 | 37
FAC U LT Y F O C U S
Visiting Faculty 2013–14
Miguel de Figueiredo
V I S I T I N G A S S I S TA N T P R O F E S S O R
(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 effects of sentencing for drunk driving; probes the effects of expungement on
recidivism and employment; analyzes the
impact of corruption and information on
voting behavior; and explores the effects
of policies designed to curb tax evasion
by firms. 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 Effective Global Action and
Survey Research Center.
Dhammika Dharmapala
V I S I T I N G P R O F E S S O R O F L AW
(FA L 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 finance (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
38 | NORTHWESTERN LAW REPORTER
Northwestern Law welcomes faculty who will be visiting during the 2013–14 academic year.
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 scholarship, which spans the fields of taxation, the
economic analysis of law, and corporate
finance and governance, has been published in leading scholarly journals in law,
economics, and finance and has been cited
in various media outlets, including the New
York Times, the Washington Post, Bloomberg
Businessweek, and The Economist.
Maria Hawilo
V I S I T I N G C L I N I C A L A S S I S TA N T
P R O F E S S O R O F L AW (2013 –14)
BS, JD, University of Michigan
Maria Hawilo joins Northwestern Law this
year as a visiting clinical assistant professor of law in the Bluhm Legal Clinic, where
she will be co-teaching the Juvenile Justice
Criminal Trials and Appeals Clinic with
Thomas 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 offenses 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 Kaeb
V I S I T I N G A S S I S TA N T P R O F E S S O R
(R E T U R N I N G F O R 2013 –14)
Diplom-Jurist Univ. and First State Board
Examination, Friedrich-Alexander-University
Erlangen-Nuremberg School of Law; LLM,
George Washington University; PhD, international 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 associate 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 affiliated 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,
comparative private law, corporate compliance, European Union law, law and social
norms, and international law. Kaeb earned
her PhD in international studies (international 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 endogenous and exogenous measures of corporate social responsibility implementation,
particularly liability litigation in the United
States and Europe.
Pierre Legrand
V I S I T I N G P R O F E S S O R O F L AW
(S P R I N G 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, after
serving for 10 years as director of postgraduate 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 comparative interventions. He publishes in English
and French, and his work has been translated into various other languages.
Leonard Riskin
V I S I T I N G P R O F E S S O R O F L AW
(FA L L 2013)
BS, University of Wisconsin–Madison;
JD, New York University; LLM, Yale University
This fall Leonard Riskin, Chesterfield
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 mediation and other methods of dispute resolution. He also teaches and studies mindfulness 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 Rountree
V I S I T I N G A S S I S TA N T P R O F E S S O R
(2013 –14)
AB, Yale University; JD, Georgetown University;
PhD, University of Texas at Austin
Meredith Martin Rountree joins
Northwestern Law after 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 dissertation 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 Schwartz
V I S I T I N G P R O F E S S O R O F L AW
(S P R I N G 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 nonpracticing entities; the effect 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
FAC U LT Y F O C U S
Faculty Publications
Ronald J. Allen
JOHN HENRY WIGMORE PROFESSOR OF L AW
“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
Científica y Técnicas Forenses (Contemporary
Law of Evidence: Scientific Proof and Forensic
Techniques), edited by Leonardo David López
Escobar. Universidad de Medellín. 2012.
“Difficulties 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 Científica. 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 Alter
PROFESSOR OF L AW (BY COUR T ESY )
“Legitimacy and Lawmaking: A Tale of Three
International Courts.” Theoretical Inquiries in Law
(with Laurence Helfer). 2013.
40 | NORTHWESTERN LAW REPORTER
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.
“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.
“Equity Decoupling and Empty Voting: The TELUS
Zero-Premium Share Swap.” M&A Lawyer. 2012.
Kenneth Ayotte
“Is Delaware Losing Its Cases?” Journal of
Empirical Legal Studies (with John Armour and
Brian Cheffins). 2012.
PROFESSOR OF L AW
“Legal Entities as Transferable Bundles of
Contracts.” Michigan Law Review (with Henry
Hansmann). 2013.
Esther S. Barron
CLINICAL PROFESSOR OF L AW
Entrepreneurship Law: Cases and Materials (with
Stephen F. Reed). Wolters Kluwer. 2013.
Robert W. Bennett
NAT HANIEL L. NAT HANSON
PROFESSOR OF L AW
“Electoral College Reform at the State Level.”
America Votes! A Guide to Modern Election Law
and Voting Rights, 2nd ed., edited by Benjamin
E. Griffith. 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 Black
NICHOL AS D. CHABR A JA PROFESSOR OF
L AW AND BUSINESS
“Delaware Corporate Litigation and the
Fragmentation of the Plaintiff’s Bar.” Columbia
Business Law Review (with Brian Cheffins and John
Armour). 2012.
“Delaware’s Balancing Act.” Indiana Law Review
(with John Armour and Brian Cheffins). 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.
“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. Borman
CLINICAL ASSISTAN T PROFESSOR OF L AW
“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. Brennan
PROFESSOR OF L AW
“Do Labyrinthine Legal Limits on Leverage Lessen
the Likelihood of Losses? An Analytical Framework.”
Texas Law Review (with Andrew W. Lo). 2012.
“An Evolutionary Model of Bounded Rationality and
Intelligence.” Plos One (with Andrew W. Lo). 2012.
Robert P. Burns
PROFESSOR OF L AW
“Advocacy in the Era of the Vanishing Trial.”
University of Kansas Law Review. 2013.
David Dana
K IRK L AND & ELLIS PROFESSOR OF L AW
“The Case For an Information-Forcing Regulatory
Definition of ‘Nanomaterials.’” Pace Environmental
Law Review. 2013.
“What Will We Lose If the Trial Vanishes?” Defense
Law Journal. 2012.
“One Green America: Continuities And
Discontinuities In Environmental Federalism In
The United States.” Fordham Environmental Law
Review. 2013.
Steven G. Calabresi
Shari Seidman Diamond
CL AY TON J. AND HENRY R. BARBER
PROFESSOR OF L AW
“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. Cameron
PROFESSOR OF PR AC T ICE, ASSOCIAT E
DIREC TOR, TA X PROGR AM
HOWARD J. T RIENENS PROFESSOR OF L AW
“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 DiCola
ASSOCIAT E PROFESSOR OF L AW
“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.
Federal Taxation of Property Transactions (with
Elliott Manning). LexisNexis. 2012.
Steven A. Drizin
“Where’s the Treaty Argument?” Tax Notes. 2013.
(Reprinted in Tax Notes International. 2013.)
Reducing Risks: An Executive’s Guide to
Effective Juvenile Interview and Interrogation (with
CLINICAL PROFESSOR OF L AW
Laura Nirider and Joshua Tepfer). International
Association of Chiefs of Police/Office of
Juvenile Justice and Delinquency Prevention, US
Department of Justice. 2012.
Joshua B. Fischman
ASSOCIAT E PROFESSOR OF L AW
“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. Flaum
CLINICAL ASSOCIAT E PROFESSOR OF L AW
“Transfer of Jurisdiction.” Illinois Juvenile Law and
Practice, edited by Lawrence Schlam. Illinois
Institute for Continuing Legal Education. 2013.
Daniel Gandert
LEC T URER
“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. Geraghty
CL ASS OF 1967 JAMES B. HADDAD
PROFESSOR OF L AW
“A Tribute to Louise McKinney.” Case Western
Reserve Law Review. 2012.
Stephen B. Goldberg
PROFESSOR OF L AW EMERI T US
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. Haddock
PROFESSOR OF L AW
“League Structure and Stadium Rent Seeking—The
Role of Antitrust Revisited.” Florida Law Review
(with Tonja Jacobi and Matthew Sag). 2013.
FALL 2013 | 41
FAC U LT Y F O C U S
Dana Hill
B O O K E XC E R P T
“Freeze! Using Theatre Improvisation Techniques
to Practice Oral Argument.” Law Teacher (with
Deborah L. Borman). 2012.
The Adversary First Amendment: Free Expression and
the Foundations of American Democracy
CLINICAL ASSISTAN T PROFESSOR OF L AW
BY MARTIN H. REDISH
Stanford University Press, 2013
Tonja Jacobi
PROFESSOR OF L AW
“League Structure and Stadium Rent Seeking—The
Role of Antitrust Revisited.” Florida Law Review
(with David Haddock and Matthew Sag). 2013.
Emily Kadens
PROFESSOR OF L AW
“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.
Martin H. Redish is the
Louis and Harriet Ancel
Professor of Law and
Public Policy
“Introduction: Lessons from the History of Custom.”
Texas International Law Journal. 2013
“Myth of the Customary Law Merchant.” Texas Law
Review. 2012.
Joshua Seth Kleinfeld
ASSISTAN T PROFESSOR OF L AW
“Linguistic Confusion in Court: Evidence from the
Forensic Sciences.” Journal of Law and Policy. 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 conflict.
It is adversarial in the descriptive sense because it recognizes that
individuals’ conflicting interests will always divide a heterogeneous society and, to varying degrees, affect individuals’ participation 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. This form of democracy is adversarial in
the normative sense because it recognizes democracy as a system
of collective self-government that manages conflict—and thus
protects and facilitates individual autonomy—by institutionalizing it as a normal part of democratic life.
Cooperative theories of democracy either unrealistically
assume individuals will ignore their own self-interest or personal
“A Theory of Criminal Victimization.” Stanford Law
Review. 2013.
Jonathan Koehler
“Justice Stevens, Religious Enthusiast.”
Northwestern University Law Review. 2012.
“Proficiency Tests to Estimate Error Rates in the
Forensic Sciences.” Law, Probability and Risk.
2013.
“‘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.
“Clarence Darrow, Neuroscientist: What Trial
Lawyers Can Learn from Decision Science.”
American Journal of Trial Advocacy (with Sara
Whitaker). 2012.
“Originalism, Abortion, and the Thirteenth
Amendment.” Columbia Law Review. 2012.
“Escape from Harper’s Ferry.” North and South.
2012.
BE AT RICE KUHN PROFESSOR OF L AW
Eugene Kontorovich
PROFESSOR OF L AW
“Discretion, Delegation, and Defining 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 Koppelman
“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.
Steven Lubet
EDNA B. AND EDN Y FED H. WILLIAMS
MEMORIAL PROFESSOR OF L AW
“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. Alfini). LexisNexis. 2013.
Joseph Margulies
JOHN PAUL ST E VENS PROFESSOR OF L AW
Katherine Litvak
“And I Don’t Care What It Is: Religious Neutrality in
American Law.” Pepperdine Law Review. 2013.
PROFESSOR OF L AW
PROFESSOR OF PR AC T ICE
“Does Reputation Limit Opportunistic Behavior in
the VC Industry? Evidence from Litigation against
VCs.” Journal of Finance. 2012.
“Republican Virtue and Expert Discourse: A
Response to Professor Rana.” Connecticut Law
Review (with Luke Herrine). 2012.
Defending American Religious Neutrality. Harvard
University Press. 2013.
42 | NORTHWESTERN LAW REPORTER
ideology to pursue a common good or assume that democratic processes can resolve conflict by somehow forging a common will.
Adversary democracy institutionalizes and thus tempers conflict
in two ways. First, it grants individuals equal power to affect 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 disputes as merely adversaries, rather than mortal enemies. The 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.
The theory is ‘adversarial’ because it recognizes that democratic
decision making involves a contest between individuals who each
possess power to affect its outcome. The 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 influence public opinion and shape the outcome
of collective decisions by influencing the votes of other individuals.
The relationship is adversarial, rather than cooperative, because it
acknowledges that collective decision making will inevitably produce winners and losers.
Acceptance of the premises of adversary democracy has important implications for the scope of the theory of free expression. Free
speech theorists are correct in positing a symbiotic intersection
What Changed When Everything Changed: 9/11
and the Making of National Identity. Yale University
Press. 2013.
John O. McGinnis
between democracy
and free expression.
Recognition of both the
normative and empirical
superiority of the adversary model of democracy,
however, suggests that
the First Amendment’s
domain extends significantly further than
prior free speech theories
would permit.
The adversary theory
of free expression protects 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 individual 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
Joshua Tepfer and Steven A. Drizin). International
Association of Chiefs of Police/Office of
Juvenile Justice and Delinquency Prevention, US
Department of Justice. 2012.
GEORGE C. DIX PROFESSOR IN
CONST I T U T IONAL L AW
Jide Nzelibe
Accelerating Democracy: Transforming Governance
Through Technology. Princeton University Press.
2013.
“Our Partisan Foreign Affairs Constitution.”
Minnesota Law Review. 2013.
Originalism and the Good Constitution (with M.
Rappaport). Harvard University Press. 2013.
PROFESSOR OF L AW
Partnership Taxation: Cases, Materials, and
Problems, 2012–13 ed. (with Robert Wootton).
Warren, Gorham and Lamont. 2012.
“Patent Law and the Sociology of Innovation.”
Wisconsin Law Review. 2013.
CLINICAL ASSISTAN T PROFESSOR OF L AW
Reducing Risks: An Executive’s Guide to
Effective Juvenile Interview and Interrogation (with
Philip F. Postlewaite
ASSISTAN T PROFESSOR OF L AW
Laura H. Nirider
“Investigative Strategies in Confession Cases.”
Children’s Rights Litigation, American Bar
Association, Section of Litigation. 2012.
“Response: W(h)ither Bivens?” University of
Pennsylvania Law Review Online. 2013.
PROFESSOR OF L AW
“Plain Language Pays.” CBA Record. 2012.
CLINICAL ASSOCIAT E PROFESSOR OF L AW
“Preface: Martin H. Redish Festschrift.”
Northwestern University Law Review. 2013.
Laura Pedraza-Fariña
“Conceptions of Civil Society in International
Law-Making and Implementation: A Theoretical
Framework.” Michigan Journal of International Law.
2013.
Kathleen Dillon Narko
Civil Procedure: A Modern Approach, 6th ed. (with
Martin H. Redish, Richard L. Marcus, and Edward F.
Sherman). West. 2013.
Problems and Materials in Federal Income Taxation,
8th ed. (with Sanford M. Guerin and Adam H.
Rosenzweig). Wolters Kluwer. 2013.
Stephen B. Presser
OWEN L. COON PROFESSOR OF L AW
R AOUL BERGER PROFESSOR OF LEGAL
HISTORY
“The Chief Justice, the Appointment of Inferior
Officers, and the ‘Court of Law’ Requirement.”
Northwestern University Law Review. 2013.
“American Exceptionalism or Settler Society?
Towards Post-Imperialism.” Reviews in American
History. 2012.
James E. Pfander
FALL 2013 | 43
FAC U LT Y F O C U S
B O O K E XC E R P T
What Changed When Everything Changed: 9/11 and the Making of National Identity
BY JOSEPH MARGULIES
Yale University Press, 2013
Joseph Margulies is a
Professor of Practice
“The ideals that make up national identity are not fixed
stars in an unchanging sky but immensely powerful symbols that are manipulated and redefined to
justify competing social arrangements. They 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 find
our way back. The book, as I originally imagined it,
would be an attempt to map our present location and
point the way home. All of this reflects the conventional
wisdom about the American response to crisis—we
are supposedly tossed off 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 history, but it certainly does not describe the course of
history since September 11. The 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. The 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. This 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
“Another Return to ‘First Principles.’” Ohio Northern
University Law Review. 2012.
Activism’ Alternative.” Florida Law Review (with
Matthew B. Arnould). 2012.
“A Candle in the Darkness” (review of Antonin
Scalia and Bryan Garner’s Reading Law: The
Interpretation of Legal Texts). University Bookman.
2012.
“Pleading, Discovery, and the Federal Rules:
Exploring the Foundations of Modern Procedure.”
Florida Law Review. 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. Redish
LOUIS AND HARRIE T ANCEL PROFESSOR OF
L AW 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.
Stephen F. Reed
CLINICAL PROFESSOR OF L AW
Entrepreneurship Law: Cases and Materials (with
Esther S. Barron). Wolters Kluwer. 2013.
Daniel B. Rodriguez
DE AN 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 Schanzenbach
PROFESSOR OF L AW
Civil Procedure: A Modern Approach, 6th ed. (with
James E. Pfander, Richard L. Marcus, and Edward F.
Sherman). West. 2013.
“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.
“Judicial Review, Constitutional Interpretation, and
the Democratic Dilemma: Proposing a ‘Controlled
“Racial Disparities under the Federal Sentencing
Guidelines: The Role of Judicial Discretion and
44 | NORTHWESTERN LAW REPORTER
Mandatory Minimums.” Journal of Empirical Legal
Studies (with Joshua B. Fischman). 2012.
David Scheffer
MAY ER BROWN/ROBER T A. HELMAN
PROFESSOR OF L AW
“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 Significado y la Activación del Crimen de
Agresión Bajo el Estatuto de Roma de la Corte
Penal Internacional.” Politica Criminal. 2012.
“Tribunal Influence 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. Shapiro
CLINICAL ASSISTAN T PROFESSOR OF L AW
“How Terror Transformed Federal Prison:
Communication Management Units.” Columbia
Human Rights Law Review. 2012.
threat, when fear of another attack was at its
peak, favorable attitudes toward Muslims and
Islam were at record highs throughout all segments 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 widespread opposition.
Today, by contrast, tens of millions of
Americans denounce Islam in the most incendiary terms, more than half the population
accepts the idea of torture, and counterterror
policies that President Bush apparently never
dreamed of have been codified 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
significantly.
My goal in the book is to explain how all this came to pass.” n
Helene S. Shapo
PROFESSOR OF L AW EMERI TA
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. Shapo
FREDERIC P. VOSE PROFESSOR OF L AW
Joshua A. Tepfer
CLINICAL ASSISTAN T PROFESSOR OF L AW
Reducing Risks: An Executive’s Guide to
Effective Juvenile Interview and Interrogation (with
Laura Nirider and Steven Drizin). International
Association of Chiefs of Police/Office 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. Tiller
J. L ANDIS MAR T IN PROFESSOR OF L AW
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.
James B. Speta
Cynthia Wilson
CL ASS OF 1940 RESE ARCH PROFESSOR
OF L AW
“Supervising Discrimination: Reflections of the
Interstate Commerce Act in the Broadband
Debate.” Marquette Law Review. 2012.
Jeffrey Sheffield
Matthew Spitzer
“Spin-offs, Corporate Capital Structure, and
Disguised Sales.” Taxes—The Tax Magazine. 2013.
“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.
“Patent Litigation and the Internet.” Stanford
Technology Law Journal (with John Allison, Tristan
Bligh, and Samantha Zyontz). 2012.
Telecommunications Law and Policy, 3rd ed. (with
S. Benjamin, H. Shelanski, and P. Weiser). Carolina
Academic Press. 2012.
“Property’s Perspective (or of Whom to Be Jealous).”
University of Pennsylvania Law Review Online.
2013.
HARRY R. HORROW PROFESSOR IN
IN T ERNAT IONAL L AW
“States Side Story: Career Paths of International
LLM Students, or ‘I Like to Be in America.’”
Fordham Law Review. 2012.
Shapo on the Law of Products Liability. Wolters
Kluwer. 2013.
SENIOR LEC T URER
Kristen A. Stilt
HOWARD AND ELIZ ABE T H CHAPMAN
PROFESSOR
“Left, Right, and Center: Strategic Information
Acquisition and Diversity in Judicial Panels.” The
Journal of Law, Economics, & Organization. 2013
Daniel F. Spulber
Carole Silver
PROFESSOR OF L AW (BY COUR T ESY )
PROFESSOR OF GLOBAL L AW AND
PR AC T ICE
“Competing Inventors and the Incentive to Invent.”
Industrial and Corporate Change. 2012.
“Getting Real about Globalization and Legal
Education: Potential and Perspectives for the U.S.”
Law and Policy Review. 2013.
“Tacit Knowledge with Innovative Entrepreneurship.”
International Journal of Industrial Organization.
2012.
CLINICAL ASSOCIAT E PROFESSOR OF L AW
“Funding for Summer Public Interest Work.” Law
School Guide to Public Interest Careers. National
Association of Law Placement. 2012.
Robert Wootton
SENIOR LEC T URER
Partnership Taxation: Cases, Materials, and
Problems, 2012–13 ed. (with Philip F. Postlewaite).
Warren, Gorham and Lamont. 2012.
Kimberly A. Yuracko
STANFORD CLIN TON SR. AND Z Y LPHA
K ILBRIDE CLIN TON RESE ARCH PROFESSOR
OF L AW
“Soul of a Woman: The Sex Stereotyping Prohibition
at Work.” University of Pennsylvania Law Review.
2013.
FALL 2013 | 45
ALUMNI NEWS
Castillo Named Chief Judge for
Northern District of Illinois
Northwestern Law alumnus and adjunct professor 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.
The first 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 thirdlargest federal court district in the country; his
expanded responsibilities include overseeing
grand jury issues and requests for wiretaps and
other surveillance by prosecutors.
“These are challenging times to attempt to
Judge Ruben Castillo (JD ’79)
represent our courts’ public service interests,
given our country’s national budgetary crisis,”
Northern District of Illinois and director and regional counsel for
said Castillo. “I am pleased to follow in the great tradition of other
the Chicago office of the Mexican American Legal Defense and
Northwestern Law graduates who have served as chief judge of our
Educational Fund.
district, including Marvin E. Aspen and John F. Grady.”
Castillo teaches Introduction to Trial Advocacy at Northwestern
Castillo became the first Latino federal judge in the state in
Law. He was voted “outstanding adjunct professor” by the student
1994, nominated by President Clinton to a seat on the US District
body in 2010. Castillo also serves on the advisory board for the
Court for the Northern District of Illinois. He had previously
Bluhm Legal Clinic. n
worked in private practice and was assistant US attorney for the
Judd Stone (JD ’10)
Second 2010 Graduate to Clerk for Justice Scalia
Judd 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 Fifth
Circuit, and for Justice Daniel Winfree of
the Alaska Supreme Court.
“There were so many qualified candidates;
it is incredibly humbling and exciting to
be chosen for this clerkship,” said Stone.
“The 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
46 | NORTHWESTERN LAW REPORTER
Kontorovich, and Erin Delaney for providing 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. “These telling 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
Recent Graduate Wins Legal Writing Award
Timothy Fry (JD ’13) was honored in June with a 2013
Burton Award for Legal Achievement. The 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. Thompson Dissent and the Training Imperative”
was a winner in the distinguished legal writing category. The
piece was originally published in Northwestern Law’s Journal
on Criminal Law and Criminology.
Northwestern Law administrators nominated Fry after
soliciting recommendations from the school’s six studentedited journals. According to dean of students Cliff
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
Thesaurus, the Burton Awards and the Burton Foundation
were created to reward attorneys and law students for
effective legal writing. The awards program honors 30 partners and counsel from the nation’s 1,000 largest law firms
as well as 15 of the best student writers from law schools
across the country. n
Timothy Fry (JD ’13)
Pop Star Alumna Recalls Law School Life in New Memoir
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.”
When Soeun Nikole Lee (JD ’12) came to the
United States to study law at Northwestern in
2009, she left behind more than a decade of international 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 difficult 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.
Though at first she struggled to feel at home,
she did find a network of support in classmates
and professors at the Law School. Professor Len
Rubinowitz’s first-year criminal law class was one
of her favorites, and she found Rubinowitz to be
a source of encouragement during her first 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
FALL 2013 | 47
ALUMNI NEWS
LA Dodgers’ Mark Walter Addresses Graduates
“The 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 Theatre.
The keynote alumni speaker offered
advice for success based on his long
career in business. Walter is also chief
executive officer and a member of
the board and executive committee
of Guggenheim Capital, a privately
held financial 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 network 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 confidence
that in every measure my success
would not have happened without
the training I received at this great
law school,” he said. “[The 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
2 01 3 C O N VO C AT I O N
Student Convocation Speakers
Jeffrey J. VanDam (JD ’13)
Sergio Herrera (LLM ’13)
Student-Voted Faculty Awards
Outstanding Adjunct Professor
Steven Elrod (JD ’82)
Outstanding First-Year
Course Professor
Emily Kadens
Outstanding Professor
of a Small Class
Alyson Carrel
Outstanding LLM Tax Professor
Robert R. Wootton
Robert Childres Memorial Award
for Teaching Excellence
Dawn Clark Netsch (JD ’52)
(posthumous)
Student Awards
Wigmore Key
Timothy J. Fry (JD ’13)
Leadership Award
Michael D. Lehrman (JD ’13)
Service Award
Elizabeth Ann Sellers (JD ’13)
Legal Profession Award
Nicholas K. Tygesson (JD ’13)
Courage Award
Martha O’Connor (JD ’13)
48 | NORTHWESTERN LAW REPORTER
FALL 2013 | 49
ALUMNI NEWS
Alumni in Sports
Northwestern Law has a long history of alumni making their livings in professional sports management in various capacities, including as team owners, presidents, marketers, and talent evaluators.
Among the early ones was Kennesaw Landis (LM 1891), the first 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 financial and legal affairs. Featured
here are other Law School graduates in the sports arena.
Jared Bartie: Finding a Niche in Sports
As 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 find 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 business 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 office. While serving as chief
administrative officer and general counsel of the Charlotte
Bobcats, Bartie worked with Arent Fox to negotiate the team’s
“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.”
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.
Throughout his career, Bartie has counseled clients on matters pertaining to naming rights and sponsorship transactions, media rights agreements, stadium bond financings,
50 | NORTHWESTERN LAW REPORTER
arena and stadium operating agreements, ticketing
arrangements, and front office personnel, coach, and player
agreements.
“I’ve been fortunate that my career has offered me a breadth
of experiences within sports, media, and entertainment,”
said Bartie. “I have never been one to limit myself and have
Jared Bartie (JD ’93)
“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)
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 first
semester of law school. He also stays connected to the Law
School by serving on the Northwestern Law Board and cochairing the 20-year reunion. n
Jennifer Duberstein:
For the Love of Law and Sports
Jennifer Duberstein (JD ’02) was inspired to return to school
for a law degree after 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 affairs 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. The
company also works in the areas of broadcast rights, corporate marketing initiatives, and sports properties for sales
and sponsorships. Based in the New York office, Duberstein
advises the agency’s sports executives and agents as well as
clients on legal and business matters. Not only does she find
the work “challenging and rewarding,” it also fulfills her longtime love for sports.
“I enjoy offering 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. “The caliber of Northwestern students is unrivaled, in my opinion. Not only are they intelligent and driven,
but they are good people.” n
Hussain Naqi: Executing a Plan
Hussain Naqi (JD-MBA ’06) had a solid career in the sports
industry before going to law school. He spent four years working 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
FALL 2013 | 51
ALUMNI NEWS
Hussain Naqi (JD-MBA ’06)
“It is my job to ensure that the fans not only have a great
so I could be very deliberate in the path I took and jobs that
time but develop an investment in the Jaguars,” said Naqi.
I sought,” he said. Researching various law schools, he was
“If you’re not a fan, it’s my job to make you a fan. If you are
sure that Northwestern’s JD-MBA program was the ticket to
already a fan, it’s my job to make you a rabid fan.”
molding his ideal career.
Naqi joined the Jaguars following four years with the
Naqi is now senior vice president of fan management for
New Meadowlands Stadium Company, where he served as
the Jacksonville Jaguars football team. He is responsible for
vice president of business
the team’s marketing and
planning and general counbranding, which includes
sel at MetLife Stadium, home
consumer research, teleof the New York Jets and
vision and radio rights
“If you’re not a fan, it’s my job to make
New York Giants.
strategy, advertising, and
you a fan. If you are already a fan, it’s my
Northwestern Law
brand management, as well
developed
Naqi’s interest
as managing the overall fan
job to make you a rabid fan.”
in both the legal and the
game day experience, includmanagement aspects of
ing fan engagement activities,
professional sports, he said,
guest services security, and
particularly a course taught by Professor James Speta that
entertainment. He also oversees the team’s fan growth and
reviewed, among other things, intellectual property with
marketing efforts in the United Kingdom, as the Jaguars will
respect to video sports broadcasts in the Internet age. His
play one home game a year in London for the next four years.
52 | NORTHWESTERN LAW REPORTER
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
after their playing careers.
Naqi took advantage of services offered through the Law
School’s Center for Career Strategy to land a summer associate 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 find it,” said Naqi. “It’s incredibly gratifying, and I
certainly don’t take for granted how lucky I am to do something that I am passionate about.” n
Rick Smith: Doing What He Loves
As 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 talking the latest trades, conference standings, and tournament
brackets with Professor Martin Redish.
Rick Smith (JD ’86)
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 firm, Smith is involved in all
“The ability to bring a unique analytical perspective
to client representation is something that keeps me
coming back day after day.”
aspects of client representation and business operations. He
negotiates contracts, reviews legal documents concerning
team endorsements and personal contracts, handles player
conflicts, and manages administrative relationships.
“I’ve really been very fortunate because every day I’m doing
something that I really love,” said Smith. “The ability to bring
a unique analytical perspective to client representation is
something that keeps me coming back day after day.”
Smith’s good fortune of working in sports law didn’t
happen immediately after graduation, however. His first job
out of law school was as a real estate attorney at Coffield,
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. After 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,
specifically, 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
FALL 2013 | 53
ALUMNI NEWS
Andrew Stroth (JD ’99)
Andrew Stroth: Building a Brand
Andrew Stroth (JD ’99) was already running Impact Talent
Associates, his sports management and entertainment
firm, when he decided to go law school because “something
was missing.”
“Once I started my firm, I noticed that the most accomplished 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 profile 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.
The ultimate goal, said Stroth, is to “build athletes into
brands beyond sports, which will ensure financial and professional longevity long after 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
54 | NORTHWESTERN LAW REPORTER
prison stint for his part in an illegal interstate dog-fighting
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 after prison, I
knew it would be a major challenge, considering his reputation 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 partnership 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 firm, Stroth is of counsel to the commercial practice group at Handler Thayer, 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.
The 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
“The ultimate goal is to build athletes
into brands beyond sports, which
will ensure financial and professional
longevity long after they retire.”
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
Dean Rodriguez Visits China
Northwestern 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 staff
members Juliann Cecchi, assistant dean of external partnerships, and Julie
Chin, director of alumni relations. n
FALL 2013 | 55
ALUMNI NEWS
Class Notes
1950s
1960s
Richard E. Wiley (JD ’58) was listed
by the National Law Journal as one
of the “100 Most Influential Lawyers
in America.”
Jerry M. Reinsdorf (JD ’60) has
joined the board of After School
Matters.
James R. Thompson (JD ’59) was
listed by the National Law Journal
as one of the “100 Most Influential
Lawyers in America.”
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 transactions 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®
MartindaleHubbell®.
Anton R. Valukas
(JD ’68) was listed
by the National
Law Journal as one
of the “100 Most
Influential Lawyers
in America.”
William L. Hood Jr.
(JD ’69) has retired
from American Airlines after 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.
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.
RISING
STOCK MARKET
G O T YO U
D O W N?
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 Office of Alumni
Relations and Development, at 312-503-2688 or
[email protected].
56 | NORTHWESTERN LAW REPORTER
Attention Wigmore Club Members:
The annual Wigmore Reception has been moved
to the spring! Save the date: April 11, 2014
Through 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.
Four Alumni among NLJ’s
“Most Influential Lawyers”
The National Law Journal’s newest “100 Most Influential
Lawyers in America” list includes four Northwestern Law
alumni: Carter Phillips (JD ’77), James Thompson (JD ’59),
Anton Valukas (JD ’68), and Richard Wiley (JD ’58). In its first
such list since 2006, the NLJ identified 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 classroom, 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, Thompson
was noted for his skill in settling difficult labor-management
problems and his ability to manage one of the nation’s largest
public budgets while maintaining one of the nation’s highest state bond ratings. After leaving public service, Thompson
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. The
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 firm’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 field. He also played a pivotal role in the development of HDTV in this country, serving for nine years as chairman
of the FCC’s advisory committee on Advanced Television Service. n
Alumni
Swearing-In Ceremony
at the
Supreme Court
of the United States
J
oin 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 first-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
• Certificate 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 terese.
[email protected] or 312.503.1793 with questions.
Each person being admitted may bring one guest to witness the swearing in.
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 influence 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
FALL 2013 | 57
ALUMNI NEWS
Alumni
Interviewers
Needed
Help 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.
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.
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 finance.
Gary G. Grindler (JD ’76) has rejoined
the law firm 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.
C A R E E R SU PP O R T F O R A LU M N I
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 office 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.
58 | NORTHWESTERN LAW REPORTER
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
Influential 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.
1980s
Antoinette C. Bush (JD ’81) was
appointed executive vice president
and global head of government
affairs at News Corp.
Pamela Rothenberg (JD ’84) was recognized 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 After 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 firm Tobin & Muñoz.
Robert C. Knuepfer Jr. (JD ’78)
received the Client Choice Award for
General Corporate in Illinois from
Lexology.
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.
Ruben Castillo (JD ’79) is the new
chief judge of the Northern District
of Illinois.
Thomas J. Bluth (JD ’92) was appointed
vice president of the Mining
Products Division at Caterpillar.
Marc J. Strauss (JD ’79) was appointed
vice chair of the board of trustees at
Northern Illinois University.
James R. Saalfeld (JD ’92) has joined
Bissell Homecare as director and
corporate and commercial counsel.
Adam J. Levitt (JD ’93) has joined
Grant & Eisenhofer PA as director
of the Chicago office.
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 operations for Argentina’s Andes Energia.
Lisa J. Matyas (JD ’99) was appointed
an associate in the corporate group
at Goodsmith Gregg & Unruh LLP.
In Memoriam
Northwestern University
School of Law extends its
heartfelt condolences to
the loved ones of recently
deceased alumni, faculty,
and friends.
2000s
Bjorn A. Andersen (JD ’00) has joined
Goulston & Storrs as a director in
the firm’s real estate group.
Michael A. Duffy (JD ’00) has rejoined 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 office of
Shearman & Sterling LLP.
Jodi Patt Pellettiere (JD ’02) was
named one of the state’s 2013 “Rising
Stars” by Illinois Super Lawyer magazine for her work in nonprofit law.
Francis G. McCloud (JD ’03) was
named an equity shareholder at
Kirk-Pinkerton PA.
Peter N. Moore (JD ’03) has joined
the Chicago office of Barnes &
Thornburg LLP as a partner.
Keith Koeneman (JD ’05) has written
the book First Son: The Biography
of Richard M. Daley (University of
Chicago Press, 2013).
Melissa E. Seiler (JD ’05) was named
shareholder at Greenberg Traurig LLP.
1930s
David M. Jacobson (JD ’36)
1940s
William 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)
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.
Rena Thiagarajan (JD ’05) founded
and launched Project Bly.
Association at its 137th annual
meeting.
James B. Anderson (JD ’06) has
joined Aon Hewitt as senior counsel.
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.
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
Karl Riley (JD ’10) was named to
Lawyers of Color’s inaugural Hot List
for the Western US region.
This list reflects information received
by the Office of Alumni Relations and
Development as of June 30, 2013.
Todd Belcore (JD ’10) received
a Young Lawyers of the Year
Award from the Illinois State Bar
1950s
Hon. 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)
1960s
Richard J. Kissel (JD ’61)
Francis O. Spalding (JD ’64)
Calvert D. Crary (JD ’68)
1970s
Stephen E. Walter (JD ’73)
Patricia Anne Powell (JD ’76)
1980s
Deborah G. Heilizer (JD ’85)
FALL 2013 | 59
CLOSING REMARKS
Zimmerman Trial: Time to Reconsider Six-Member Jury
BY S H A R I S E I D M A N D I A M O N D
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 history 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 serious 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, defining “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 accident.” 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 “functionally” 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
60 | NORTHWESTERN LAW REPORTER
kinds show that cutting jury size in half decreases the likelihood that the jury
will reflect 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 shortchanged 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 finds that larger juries spend more time deliberating and their discussions of testimony are more thorough than smaller juries.
More vigorous debate reflects the expanded pool of abilities and perspectives 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 12member 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 demonstrates 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.
SAVE
T HE
DATE
SEPTEMBER 19–20, 2014
All 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 Needed
Volunteer 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:
1964 1969 1974 1979 1984
1989 1994 1999 2004 2009
www.law.northwestern/alumni
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Office of Alumni Relations and Development
Northwestern University School of Law
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