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NYU School of Law
NYU LAW IS:
A leader
in international law, home of the Hauser Global Law School Program.
An innovator in business with the Mitchell Jacobson Leadership Program.
A pacesetter
in public interest and clinics, guaranteeing summer funding for 1Ls and 2Ls working in government and nonprofit organizations.
The Law School is located in the world’s most energized city, with access to the very best practitioners and policymakers, from top executives in business and finance to leaders of international organizations and social agencies. In numerous transaction courses, for example, Wall Street pros help teach students how real-life deals get done.
Nestled in charming Greenwich Village, NYU Law offers the best of both worlds— the resources and richness of a large law school and the close-knit communities usually found in a smaller one. The Law School’s lively downtown campus includes Vanderbilt Hall, Furman Hall, 22 Washington Square North, a newly restored town house, and the soon-to-be-opened Wilf Hall. Many faculty live in the neighborhood, and two-thirds of the entering class choose to live there, too, in one of the Law School’s four residence halls and apartment buildings, making city living easy, safe, and convenient. (For more on housing, please visit law.nyu.edu/housing.)
8
journals
9
colloquia
give students with varied interests a chance to hone their scholarly writing.
bring together world-class scholars to analyze their works in progress.
centers
student groups
25 66
encourage the exchange of ideas through conferences and programs.
connect students with shared interests so they can work together.
NYU Law is a place so personal that the dean, known as Ricky, finds time to teach and research, often working closely and collaboratively with students on his scholarship. In fact, the Law School has several programs, such as the new Mitchell Jacobson Leadership Program in Law and Business, in which small, focused communities of students work under intensive faculty mentorship. The result: Students have educational experiences more typical of graduate schools than of law schools.
Students support other “students at NYU Law.
There’s nothing of the cutthroat environment that you hear about in law school. We have a diverse class with lots of different interests. Whatever you are interested in, there’s a critical mass of students who are also interested in working on those issues. T e ss B r i d g e man ’10 Hear more from Tess about her NYU Law experience at law.nyu.edu/more.
”
Fa c ulty
NYU Law has added 32 full-time faculty to the roster since 2002. “It’s a spectacular group,” says Dean Revesz of the 32 full-time faculty he has hired since he took the helm of the Law School seven years ago. “Each one brings a unique set of strengths to the Law School.” Indeed, the group is expert in a wide range of areas: constitutional, criminal, tax, corporate, labor, torts, human rights, national security, immigration, international, innovation, and environmental law as well as Hebrew law and legal philosophy. From Jennifer Arlen ’86, Norma Z. Paige Professor of Law, who focuses on corporate governance and torts and how they affect our lives, to Kenji Yoshino, Chief Justice Earl Warren Professor
of Constitutional Law, a specialist in antidiscrimination law, constitutional law, and law and literature, they’re all outstanding scholars and committed teachers. The most recent addition is Professor Richard Epstein, who joins the tenured faculty in 2010. An annual visiting professor since 2005, Epstein is considered one of the most influential thinkers in legal academia, well known for his research and writings on a broad range of constitutional, economic, historical, and philosophical subjects. “Richard has been a wonderful addition to our intellectual community in recent years,” says Revesz, “and we are so pleased that he will now join us permanently.”
Professor Richard Epstein (right) kicked off the inaugural NYU Law Forum, a weekly gathering that addresses salient current legal issues, with a discussion about health-care reform with Professor Judy Feder of the Georgetown Public Policy Institute. To see the video, go to law.nyu.edu/more.
L e sson plan
First-years at NYU Law get the best possible foundation in both legal theory and practice. During their first year, students start learning to think like lawyers by taking required introductory courses in Contracts, Procedure, Torts, and Criminal Law. In the unique, yearlong Lawyering Program, they also learn real-world skills that every lawyer needs to practice effectively. The Lawyering class size averages 28 students. The first semester is designed to develop an essential proficiency in legal research and writing and to explore the interplay between law and fact in legal analysis. The second semester concentrates on activities basic to practice: interviewing, counseling, negotiation, and advocacy. These skills will be indispensable when students take one of the Law School’s 29 clinics in their second or third years. Another required firstyear course, the Administrative and Regulatory State, specially designed
by NYU Law, introduces the materials, concepts, and tools lawyers must have in a world of statutes and regulations. The course also helps students better absorb the material covered in Contracts, Criminal Law, Procedure, and Torts. In response to student petitions, 1L electives were first offered in 2006. Students had asked for one elective, but Dean Revesz and the faculty liked the idea so much, there are now five: Constitutional Law, Corporations, Income Taxation, International Law, and Property. (Property and Constitutional Law are mandatory, too, but don’t need to be taken in the first year.) This academic innovation gives students an opportunity to explore their particular interests in more depth and to jump-start their legal careers in an ever more competitive legal environment.
“Legal education and
legal research, like legal problems, are global. Our goal is to engage our students in an educational program that allows them to address these issues not just from the perspective of New York, but also from that of Cape Town, Santiago, or Beijing.” Ri c ha r d S t e wa r t, University Professor, John Edward Sexton Professor of Law, and director of the Hauser Global Law School Program
344
The number of 1Ls and 2Ls who used PILC Summer Funding grants in 2009 to do public interest work in the U.S. and 32 other countries.
$4,360,421
The amount spent in 2008 on the Loan Repayment Assistance Program, which eases the burden of debt repayment obligations for those who choose a career in public interest.
55
The number of years the Root-Tilden-Kern Scholarship Program has been running. NYU’s flagship public interest scholarship awards full tuition to 20 scholars, selected for their commitment to working in public service, academic merit, and leadership potential.
$500,000
The amount raised since 2002 by the annual Deans’ Cup basketball game against Columbia Law to fund public interest summer internships and other programs (in April 2009, NYU won 56–53).
NYU Law’s commitment to public interest is unequaled.
Eleven areas of focus offer students a wide choice of academic specialties with courses taught by faculty who are leaders in their fields. New York University School of Law’s rigorous academic programs, such as our outstanding criminal law, environmental law, international law, and legal philosophy programs, and extensive array of clinics and centers—as well as opportunities for students to collaborate with faculty and participate in a wealth of activities— create a vibrant community. To explore the areas of focus in depth, and to hear from NYU Law students about their academic experiences, go to law.nyu.edu.
Business Clinics Constitutional Criminal Environmental Innovation Interdisciplinary International Procedure Public Interest Tax
Areas of Focus
B usin e ss Pa r tn e r s
Here’s the bottom line about law and business at NYU. 1. We combine the two areas of study with dual degrees, certificates, and specially designed programs. The multi-jurisdictional, fast-paced world of enterprise increasingly demands professionals with both legal and business skills. NYU offers a J.D./M.B.A. degree; an Advanced Professional Certificate in Law and Business; LL.M.s in Corporation Law, in International Business Regulation, Litigation and Arbitration, in Taxation, and in Trade Regulation; and the Mitchell Jacobson Leadership Program in Law and Business, designed to educate the next generation of business law entrepreneurs seeking a legal education as a background for leadership positions in business. 2. The Law School intersects with the Stern School of Business. The Pollack Center for Law and Business, led by William Allen, Nusbaum Professor of Law and Business (and former chancellor
of the Court of Chancery of the State of Delaware), is the foundational link between the Law School and Stern, providing joint teaching and research opportunities for students and faculty. The center coordinates a rich curriculum for students interested in the relationship between law and business, and it involves leaders in banking, business, and law in the intellectual life of the University. 3. Our Law and Business courses are unique. No other law school has courses like Law and Business of Bankruptcy and Reorganization, Law and Business of Investment Banking, and Investing in Microfinance—courses that enroll both business and law students and draw on the law and business faculties. Students work in teams, and the lawyers or bankers who actually structured and negotiated the deal being studied serve as adjunct teachers for the course projects, bringing their real-world experience into the classroom.
4. NYU Law offers more “deals” courses than any other leading law school. The course list includes Advanced Corporate Tax Problems; Bankruptcy Reorganizations: Case Administration; Entertainment Law: Deals and Negotiations; Financial Instruments and the Capital Markets: Structures, Management, and Regulation; Financing Development; Structure and Finance of Corporate Transactions; Real Estate Deals; and Real Estate Financing. 5. We get you ready for the business world. Our Professional Responsibility in Law and Business course offers a pragmatic approach to business ethics, one that is unique to NYU. Co-taught by Stern and Law School professors, it focuses on the function of legal counsel’s role in a business transaction and in an ongoing business organization.
Students have an impressive array of opportunities to integrate theory and practice while studying in the world’s financial hub.
Business
G lobal E c onomi c P oli c y F o r um
Kenneth Feinberg ’70 and Neil Barofsky ’95 take on the future of regulation and the capital market. Among the panelists at the third annual Global Economic Policy Forum and Law Alumni Association Fall Lecture in November 2009 were Neil Barofsky ’95, special inspector
general for the Troubled Asset Relief Program (TARP), and Kenneth Feinberg ’70, special master of executive compensation under TARP. The topic: “The Future of Regula-
tion and the Capital Market.” The event was moderated by Global Economic Policy Forum co-chairmen Geoffrey Miller, Stuyvesant P. Comfort Professor of Law and director of the Center for the Study of Central Banks and Financial Institutions, and Adjunct Professor of Law Alan Rechtschaffen. Naturally, TARP and its legacy were one focus of the discussion. “We can talk about the cost of TARP, [and] the moral hazard costs,” said
Barofsky, who criticized both the Bush and Obama administrations for failing to require that TARP recipients report on how they were using the funds, “[but] there is a third cost: the credibility of the government itself, which is one of its most important and necessary assets in dealing with the crisis. People need to trust their government and have faith when asked to come up with hundreds of billions of dollars.”
A n d r e w L i c htman ’ 1 0 Hear more from Andrew about his NYU Law experience at law.nyu.edu/more.
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My 1L Summer
busin e ss
“
I worked as a research assistant for Professor Cynthia Estlund, an employment law scholar. I did some economic-related research for her about monopsonies, where there’s one buyer dominating a market, and I did some work on mandatory disclosure policies in the workforce. It was an amazing experience—I got to see how an article goes from basic conception to a finalized project. I like the idea of being a research assistant; I think it’s a really valuable experience for any law school student.
busin e ss
To r ts M aj e u r e
Catherine Sharkey is a preeminent preemption scholar. When Professor Catherine Sharkey wrote her first law review article on the disconnect between the theoretical reasons for awarding punitive damages and the actual effect when they are granted, she sent a draft to Richard Epstein, whom she didn’t know but whose work on torts she admired. “We had a one-hour conversation that was a litany of everything wrong with my article,” says Sharkey. “He said, ‘You’re taking us to hell and you don’t even have a handbasket!’” Despite his critique, Epstein was impressed. “I knew from the first conversation that this young professor would soon make it to the ranks of top legal scholars,” he recalls. He was right. Sharkey’s scholarship—which has been cited twice in two years by the Supreme Court— forges new theories by using torts and products liability as a lens through which to examine the interplay between
private and public law. She is currently exploring the relationship between civil litigation and administrative regulation in the context of the pharmaceutical industry. In recent work, Sharkey analyzed whether courts and agencies are at odds with each other when creating and enforcing regulations. If the FDA approves a drug, should that shield the maker from future tort liability? “I find these areas particularly rich because of the questions of federalism that they inevitably implicate,” she says. Sharkey, who teaches Torts and Tort Law in the Modern Administrative State, has published eight law review articles and one torts casebook, and is helping update a new edition of another. Her co-author on the forthcoming project? None other than Richard Epstein, who’ll join the NYU Law full-time faculty in 2010.
F r om th e h e a d lin e s
Geoffrey Miller seized the moment and created a class on the Crisis of 2008— even as it was unfolding. As a scholar of financial institutions, Geoffrey Miller, director of the Law School’s Center for the Study of Central Banks and Financial Institutions, naturally wanted to learn more about the origins of the current global economic recession. While conducting his research, Miller sensed that law students shared his interest, so late in the fall of 2008 he decided to create a seminar titled The Crisis of 2008. “Registration closed in about 20 minutes,” Miller says. “There was a tremendous demand for knowledge about how this crisis happened.” In an unusual move and in response to the overwhelming popularity of the course, Miller decided to open up the first three classes to the Law School community. Each
three-hour class focused on a particular aspect of the crisis. The first class examined prior financial crises to gain historical background and appreciation for the scope of the disaster. Gerald Rosenfeld, co-director of the Mitchell Jacobson Leadership Program in Law and Business, co-lectured with Miller in the second class, which looked at the subprime mortgage crisis of 2007, how it happened, what could have prevented it, and its consequences for the larger crisis. The third class, in which Rosenfeld also co-lectured, delved into the credit crunch of 2008 and the dramatic events
that followed. After the first three classes, the course became a seminar for the 28 registered students. Miller says one of the biggest challenges in creating this course was compiling materials on what he calls “a moving target.” But it was worth the effort. “This was the most significant economic downturn since the Great Depression,” Miller says. “Fundamental damage was done to the credit and securities markets. We face a very long recovery from the big bubble bursting. We are all going to be living with this for a long time.”
Kevin Davis strives to understand and explain the role of law in development. In his inaugural lecture as Beller Family Professor of Business Law, “Law, Lawyers, and Global Development: Can Lawyers Change the World?” Kevin Davis addressed the question of how the law and lawyers can play a role in economic development worldwide.
Laying out competing theories and exploring their complexities, Davis asked, “Do we have to give up on the idea of us, as lawyers, changing things for the better?” His answer: No—although with significant limitations—by ensuring goodfaith actions in the workings of government, making information publicly accessible, and “acting one case at a time, one client at a time” to do good. To watch this lecture, go to law.nyu.edu/more.
busin e ss
As part of the innovative Mitchell Jacobson Leadership Program in Law and Business, students are matched with mentors—lawyers and businesspeople who are already successful in the corporate world.
G oo d W o r k
Evan Chesler still uses what he learned in class on a daily basis. As the presiding partner of Cravath, Swaine & Moore, Evan Chesler ’75 is the public face of one of the nation’s leading law firms. Only the second litigator in the firm’s 190-year history to be selected for this position, Chesler splits his time between managing the firm and handling antitrust, intellectual property, and commercial cases. A partner since 1982, and former head of the 219-lawyer litigation department, Chesler believes that the seeds of his success were planted long ago, as a law student at NYU. “Not a case goes by that I don’t think about my Evidence class with Irving Younger,” says Chesler. He also still relies on the formative lessons he learned in courses such as Andreas Lowenfeld’s Conflict of Laws, which explores issues of judicial jurisdiction, international transactions, and the acknowledgment of foreign judgments. “I have a profound understanding of the law because of Younger, Lowenfeld, and NYU,” says
Chesler. “It’s how I learned to think like a lawyer, and to analyze problems and deconstruct like a lawyer.” Chesler is an active alumnus, a Law School trustee, and the founder and chairman of the Lawyer Alumni Mentoring Program for NYU undergraduates. He strongly believes that all lawyers should get the richest possible grounding in legal theory, no matter what specialty they plan to pursue. While in law school, for example, the future litigator pursued an unusually wide array of classes, enrolling in such courses as Aviation Law and International Economic Transactions. “There are courses that you’ll need to have on your agenda— Corporate Law, Securities Law, and Evidence,” says Chesler, who will teach Trial Practice in Spring 2010, “but it’s essential to go beyond those and take a broad range. Basically, treat your legal education the same as a liberal arts one. NYU is a supermarket of choices intended to develop a wellhoned, analytical legal mind.”
Business
for the record Faculty Barry Adler William Allen Jennifer Arlen ’86 Oren Bar-Gill Stephen Choi Kevin Davis Cynthia Estlund Samuel Estreicher Mark Geistfeld Clayton Gillette Robert Howse
Centers and Programs Pollack Center for Law and Business Center for the Study of Central Banks and Financial Institutions Center for Law, Economics and Organization Center for Labor and Employment Law Mitchell Jacobson Leadership Program in Law and Business
Marcel Kahan Andreas Lowenfeld Florencia MarottaWurgler ’01 Geoffrey Miller Gerald Rosenfeld
Selected Courses
Stanley Siegel John J. Slain ’55 George Sorter
Student Journals and Organizations New York University Journal of Law & Business J.D./M.B.A. Association Law and Business Association
Contracts Contract Theory Seminar Corporate Bonds Corporate Finance Corporations Employment Law European Competition Policy Financial Instruments and The Capital Markets Financing Development Insurance Law International Commercial Sales International Commercial Transactions Labor Law Law and Business of Bankruptcy and Reorganization
Business Crime
Law and Business of Investment Banking
Colloquium on Law and Economics
Law of Nonprofit Organizations Law of Securitization
Helen Scott Catherine Sharkey
Colloquium on Law, Economics and Politics
In Spring 2010, the
Business Law Transactions Clinic, which will give students the opportunity to provide legal services to nonprofit organizations, including corporate governance, contracts, and communications work, will be offered for the first time.
Mergers and Acquisitions Negotiating Complex Deals in Corporate Restructurings Professional Responsibility in Law and Business Real Estate Transactions Restructuring Firms and Industries Secured Transactions U.S. Corporate Law and Theory Venture Capital
Marcel Kahan has been honored by Corporate Practice Commentator for writing or co-writing more “Top 10 Corporate and Securities Articles” in the past 15 years than any other author, with a total of
11 9
Running a close second,
Stephen Choi has a total of
Specialized Degrees J.D./M.B.A. (with the Stern School of Business) LL.M. in Corporation Law LL.M. in International Business Regulation, Litigation and Arbitration LL.M. in Taxation LL.M. in Trade Regulation J.S.D. in Trade Regulation The Advanced Professional Certificate Program in Law and Business gives students graduatelevel business school training in conjunction with their legal education without requiring the extra time necessary to earn an M.B.A.
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At th e Top
Q & A
Director Randy Hertz reveals what makes NYU’s clinics unique. What can students expect when they take a clinic? NYU’s clinical program is designed to offer a wide variety of experiences. In litigation clinics, students represent clients in court under the supervision of a faculty member. Students handle all aspects of a case and, if a case goes to trial, witness examinations and arguments to a judge or jury. We also have clinics in which students work in the legislative or administrative arenas or with community groups on systemic reform or engage in mediation or other forms of alternative dispute resolution. Students can also choose between clinics that focus on legal cases or other forms of advocacy in the U.S. or those that focus on international human rights issues. We have one of the largest clinical faculties in the country, and that has allowed us to staff most of our fieldwork clinics
with full-time, tenured and tenure-track clinical faculty who supervise students directly. We keep the teacher-student ratio very low to ensure that the faculty can devote enough time to supervising all aspects of students’ work on cases and other fieldwork projects. What distinguishes NYU’s clinical program from top clinical programs at other law schools? NYU has consciously sought to create a coordinated clinical curriculum that allows students to progress through a series of clinical learning experiences that start in the first year with the Lawyering curriculum and continue throughout the remaining two years with simulation courses and fieldwork clinics. This program was developed by Tony Amsterdam in the early 1980s, and he and the other clinical faculty have been refining it ever since.
Brennan Center Public Policy Advocacy Business Law: Transactions Children’s Rights Civil Rights Community Development and Economic Justice Comparative Criminal Justice Criminal Appellate Defender Criminal and Community Defense Employment and Housing Discrimination Environmental Law Equal Justice and Capital Defender Family Defense Federal Defender Government Civil Litigation (SDNY and EDNY) Immigrant Defense Immigrant Rights International Human Rights Juvenile Defender Law, Organizing, and Social Change Mediation Mediation–Advanced Medical-Legal Advocacy New York Civil Liberties Offender Reentry Prosecution (SDNY and EDNY) Racial Justice Tax Law
Students learn by doing in our 29
Clinics
Anthony Amsterdam works for his students and clients. Anthony Amsterdam was clerking for U.S. Supreme Court Justice Felix Frankfurter when, as he explains, “a sense of justice woke up inside of me.” Since then, Amsterdam, University Professor and founder of the Law School’s pioneering Lawyering Program, has become a renowned litigator and instructor.
Not only has he handled school desegregation, First Amendment, and civil rights cases, but he also won a 1972 Supreme Court case overturning all death penalty statutes. The Court later reaffirmed the constitutionality of capital punishment, and now Amsterdam advises capital defendants’ lawyers.
A reminder of his tireless work is in his office: a giant collage of photos and signatures of people who have been on death row. Amsterdam, who has won the American Bar
Foundation’s Outstanding Scholar Award, the Yves Pélicier Award from the International Academy of Law and Mental Health, and the Frederick Douglass Human Rights Award from the Southern Center for Human Rights, to name a few honors, also has many teaching awards to his credit. “I like to think of universities as continuing the medieval tradition in which students hired the professors. My contract runs to the students,” he says with conviction.
“
I love Tony Amsterdam, Bryan Stevenson, and Randy Hertz, who are all on the clinical faculty. They do the work that I want to do, they do it so well, and they’ve been so helpful in teaching me the way to go about it. I look up to them and hope to emulate their careers. I mean, I’m realistic—I’m not going to emulate Tony Amsterdam’s career path— but he’s definitely someone I look up to and learn a lot from. I A N M A RC U S A M E L K I N ’ 0 9
”
Hear more from Ian about his NYU Law experience at law.nyu.edu/more.
c lini c s
U ltimat e A d vo c at e
c lini c s
I mmig r ant Rights Clini c
For the past decade, students in Professor Nancy Morawetz’s clinic have been tirelessly fighting for immigrant rights— sometimes all the way to the Supreme Court.
Ten years ago, Nancy Morawetz ’81 founded the Immigrant Rights Clinic in response to 1996 immigration laws that she felt forced immigration judges “to apply a one-size-fits-all rule requiring deportation” and left them powerless to evaluate individual circumstances. Last spring she watched the seeds of her efforts bloom as her clinic students scored key victories in two separate cases in the Southern District of New York
and the Supreme Court—and her former students returned to the Law School to celebrate their mentor. On May 1, U.S. District Judge Colleen McMahon of the Southern District of New York granted the habeas corpus petition of IRC client Higino Alejandro Garcia, overturning a ruling that applied mandatory detention to immigrants with old convictions. Garcia was to be deported based on a drug
conviction from 1989. In Garcia v. Shanahan, Judge McMahon ruled that the mandatory detention law, enacted in 1996, doesn’t apply to immigrants with convictions dating before that time. “As a student it was an exciting experience to argue a case that can be used to help immigrants fight unlawful mandatory detention across the country,” says Sarah Guggenheim-Deri ’09, who, along with Kate Evans ’09 and Anjali Bhargava ’09, handled the case under the supervision of Morawetz and Alina Das ’05, an Immigrant Defense Fellow. Bronx Defenders attorneys and IRC alumni Isaac Wheeler ’03 and Jennifer Friedman ’07 served as co-counsel. Three days later, in FloresFigueroa v. United States, the Supreme Court ruled that aggravated identity theft, which carries a mandatory two-year sentence, doesn’t apply to immigrant workers who don’t
know the false identification they’re using belongs to a real person. This was another victory for the IRC. Clinic students Andrea Gittleman ’09 and Sara Johnson ’09 drafted an amicus curiae brief with the Supreme Court Immigration Law Working Group, a coalition of immigrant rights organizations chaired by Morawetz. Clearly, Morawetz and her clinic make a lasting impression; half of her former clinic students returned to Washington Square last spring to celebrate the IRC’s 10th anniversary. Throughout the evening, alumni traded anecdotes about Morawetz, who won the Law School’s Albert Podell Distinguished Teaching Award last year. “Whenever I think there’s no way, no chance for this case, I hear Nancy’s voice saying, ‘Oh, you can do this!’” said Wheeler affectionately. “I am forever warped. So thanks, Nancy.”
300 students participate in fieldwork clinics each year— that’s almost half of the upper-year J.D. student body.
Clinics
Clinics
for the record
Brennan Center Public Policy Advocacy Business Law: Transactions Children’s Rights Civil Rights
In 2008,
The highly regarded Public Defender Service for the District of Columbia currently employs
7
of the Law School’s clinic alumni, including five graduates of the juvenile criminal defense clinic.
Faculty Anthony Amsterdam Claudia Angelos Sarah Burns Samuel Estreicher Paula Galowitz Martin Guggenheim ’71 Randy Hertz Holly Maguigan Nancy Morawetz ’81 Smita Narula Laura Sager Margaret Satterthwaite ’99 Bryan Stevenson Kim Taylor-Thompson Anthony Thompson
Professor Smita Narula, who co-teaches the International Human Rights Clinic, was appointed legal adviser to the U.N. Special Rapporteur on the Right to Food.
Community Development and Economic Justice Comparative Criminal Justice Criminal and Community Defense Criminal Appellate Defender Employment and Housing Discrimination Environmental Law
Lawyering Program NYU’s Lawyering Program complements traditional first-year law classes by providing students with closely structured, collaborative exercises that illustrate how law is used in the real world. Taken by all first-year students, the program involves a series of exercises in which students analyze legal questions, develop facts, interview and counsel clients, and engage in written and oral advocacy. The program has two purposes: to give students insight into how legal principles play out in practice and to expose them to the elements of professional excellence. This powerful combination starts them on a path of professional self-critique and growth. For example, in one Lawyering exercise, students are immersed in the processes of witness interaction and fact development and are taught how to construct, and argue, a set of facts. Half of the class observes a videotaped incident; the other half tries to get an accurate account of the events by interviewing the observers. Difficult issues, such as the psychology of perception and recall, are addressed as students explore the relationship between interviewer behavior and witness recall. Students then participate in the interview a “witness” to another, related event. They are also taught the art of drafting affidavits, then draft examples that are critiqued by peers and faculty.
c lini c s
Serving as a deputy public defender in California for nearly a decade, Professor Anthony Thompson saw first-hand the difficulties encountered by former prisoners returning to their communities. He created the Offender Reentry Clinic, the first of its kind, to address ex-convicts’ obstacles to getting housing, employment, public assistance, student loans, and voting rights. “We teach students a nuanced approach to convincing people that their biases about ex-offenders are causing them to make bad policy decisions,” he says. Thompson’s recent book, Releasing Prisoners, Redeeming Communities: Reentry, Race, and Politics, explains both the causes and the results of these challenges, and offers possible solutions.
One of the largest faculty in the United States. The faculty-to-student ratio is
1:8
Equal Justice and Capital Defender Family Defense Federal Defender Government Civil Litigation (SDNY and EDNY) Immigrant Defense Immigrant Rights International Human Rights Juvenile Defender Law, Organizing, and Social Change Mediation Mediation–Advanced Medical-Legal Advocacy New York Civil Liberties Offender Reentry Prosecution (SDNY and EDNY) Racial Justice Tax Law
The Clinical Law Review is a semiannual peer-edited journal devoted to issues of lawyering theory and clinical legal education.
Silent Covenants: Brown v. Board of Education and the Unfulfilled Hopes for Racial Reform by Derrick Bell “A bold and sobering counterproposal.” —New Yorker
Is Democracy Possible Here?: Principles for a New Political Debate by Ronald Dworkin “Of the season’s books deploring the quality of our political discourse, the classiest is Ronald Dworkin’s.” —New York Times
The Will of the People: How Public Opinion Has Influenced the Supreme Court and Shaped the Meaning of the Constitution by Barry Friedman “A thought-provoking and authoritative history of the Supreme Court’s relationship to popular opinion.” —New York Times
The Least Worst Place: Guantánamo’s First 100 Days by Karen J. Greenberg “Greenberg has written a surprising and fascinating account.” —Washington Post Book World
The Matador’s Cape: America’s Reckless Response to Terror by Stephen Holmes “A brilliant dissection of the deeper causes of an American tragedy.” —Bruce Ackerman, Professor, Yale Law School
Constituting Empire: New York and the Transformation of Constitutionalism in the Atlantic World, 1664–1830 by Daniel Hulsebosch “As Hulsebosch brilliantly describes, the constitution of the British Empire was rarely settled and almost always hotly contested.” —Harvard Law Review
Covering: The Hidden Assault on Our Civil Rights by Kenji Yoshino “Yoshino introduces a new term into the American social lexicon: ‘covering’ is the new ‘passing,’ the new ‘closet.’ Provocative and affecting.” —Boston Globe
It really makes “ a difference in how
you understand an important case when your professor is the one who argued it before the Supreme Court.”
Constitutional
g r e g S c anlan ’ 0 8
c onstitutional
A Vote for Democracy
Illustration by Steve Brodner
El e ction L aw
On election night 2008, Professors Samuel Issacharoff and Richard Pildes were in Chicago’s Grant Park celebrating Barack Obama’s victory. The two, who had worked for the Obama campaign’s legal team on voting and election issues and manned the “boiler room” of its Chicago headquarters on Election Day to handle ballot disputes, later wrote that Obama’s win was “the most moving experience of our professional lives.” It was also the closing of two circles. Issacharoff, Bonnie and Richard Reiss Professor of Constitutional Law, had begun his legal career helping on a lawsuit that led to the first seating of an African-American congressman from Mississippi in the 20th century. Pildes, Sudler Family Professor of Constitutional Law, had, in the 1990s, met with Obama, then a professor at the University of Chicago Law School, to discuss the seminal casebook Pildes had written with Issacharoff (and Stanford Law School’s
Pamela Karlan), The Law of Democracy: Legal Structure of the Political Process. That book and subsequent writings, which brought constitutional law principles like equal protection and the First Amendment into the world of politics, sparked widespread interest in the area and established Issacharoff and Pildes as preeminent scholars on election law. In April 2008, for example, Pildes was awarded a highly coveted Guggenheim Fellowship and elected to the American Academy of Arts and Sciences. A month later, Issacharoff was selected to deliver the H.L.A. Hart Lecture at the University of Oxford, an especially distinct honor in that the lecture is normally presented by a specialist in legal philosophy. Their reputations continue to soar: In a March 9, 2009, decision on whether the protections of the Voting Rights Act applied to electoral districts with fewer than half minority voters, members of
Professors Samuel Issacharoff (far left) and Richard Pildes, cocreators of a legal specialty, focus their scholarship on bringing fairness to the electoral process.
the U.S. Supreme Court cited Pildes’s work a remarkable 10 times. At least half of the country’s law schools now teach a Law of Democracy course. At NYU, Law of Democracy starts with issues involving individual political participation—the right to vote, for instance— then moves to the role of groups in politics, including parties, primary elections, and the like. But to some extent, this is a course whose syllabus is ripped from the headlines. Pildes and Issacharoff dive into subjects in the news and apply their sometimes unique perspectives, which are often ripe for debate among colleagues and even between themselves. The course is “wildly popular” with today’s students, says Yale Law School Professor Heather Gerken. “It’s like teaching sex, drugs, and rock ’n’ roll,” she says. “It’s taking all of the pristine principles of constitutional law, like equal protection and First Amendment, and bringing them to the down-anddirty world of politics.”
“
I took a course called Counter- Professor Cristina Rodríguez is one of
“ Terrorism and the National Security Constitution, taught by the leading immigration experts in the
country. She’s really a wonderful professor.
Al Qaeda and Its Allies— The Endgame: Civilian Dimensions of Counter-Terrorism
Turmoil in Iran: Passion and Protest in the Islamic Republic
Detainees in America: The Next Chapter
National Security: Can Washington Make It Work?
Flash Point: India, Pakistan, and Kashmir
World at Risk? WMDs and the Specter of Future Terror
Securing the City: Inside America’s Best Counter-Terrorism Force, the NYPD
Today’s Military: Its Challenges, Missions, and Future
The Courts and Terrorism: Transatlantic Observations
Closing Guantánamo: The Diplomatic Challenge
After Torture: Discussing a Plan for Justice in the Post-Bush Era
Beyond Terror and Martyrdom: The Future of the Middle East
The American Presidency: A Look Forward
Lawrence Wright, Ayaan Hirsi Ali, Ebtihal Mubarak, and Others: A Conversation
Model Security: How the NYPD Sets the Security Standard
Angler: The Cheney Vice Presidency
The Enemy Combatant Papers: American Justice, the Courts, and the War on Terror
Afghanistan Today: Drugs, Detention, and Counterinsurgency
Al Qaeda 3.0: The War on Terror After the Bush Administration
Torture Team: Rumsfeld’s Memo and the Betrayal of American Values
Power Politics: Iran, Saudi Arabia, and Leadership in the Muslim World
her Constitutional Lawdirector class. She’sof Sam Rascoff, who recently cameI took to NYU after being excellent in the classroom, very dynamic,
intelligence at the NYPD
very exciting to work with. And, since
and having clerked on the
I’m a Bickel &Court Brewer Latino Institutea Supreme and done
tour with the Coalition Provi-
of Human Rights scholar, and she is
sional Authority in also Baghdad the faculty director, she’s been a great mentor for me.
before that. He is a wonder-
”
ful professor, not only Andrea Nieves ’10
because of the energy he
brings
Hear more from Andrea about her NYU Law experience at law.nyu.edu/more.
to the classroom, but also because of the expertise he draws on and the network of professionals and academics he has brought into the classroom.
”
It is a really rich experience. T e ss B r i d g e man ’ 1 0
The Center on Law and Security Through its many events, only a sampling of which appears here, the center promotes an informed understanding of the major legal and security issues that define the post-9/11 world. Faculty advisers include David Golove, Hiller Family Foundation Professor of Law; Stephen Holmes, Walter E. Meyer Professor of Law; Richard Pildes, Sudler Family Professor of Constitutional Law; and Samuel Rascoff, Assistant Professor of Law.
Counterinsurgency: America’s Strategic Burden
Republican Gomorrah: Inside the Movement That Shattered the Party
Intelligence and the Age of National Security
Privatizing Defense: Blackwater, Contractors, and American Security
National Security: The Way Forward
Debo Adegbile defends the constitutionality of the Voting Rights Act before the Supreme Court. When Debo Adegbile ’94 (bottom left), director of litigation at the NAACP Legal Defense and Educational Fund, appeared before the Supreme Court in April to argue against a constitutional challenge to Section 5 of the Voting Rights Act of 1965, much was at stake. On the surface, the case was simple. A small Texas utility district with an elected board wanted the opportunity to “bail out” of its obligations under Section 5, which requires that certain local jurisdictions with a history of voting rights discrimination seek Justice Department
approval before changing their voting procedures. Deemed ineligible to bail out, the district brought suit to win that right or, alternatively, to overturn Section 5 entirely. The tone of the oral argument led most observers to believe the Supreme Court might declare Section 5 unconstitutional. Adegbile faced skeptical questioning from several justices; many legal analysts predicted a 5-4 decision. The Court
surprised both sides when it ruled 8-1 to address the case narrowly, leaving Section 5 intact. But the opinion, which cited congressional testimony by Richard Pildes and a Columbia Law Review article by Samuel Issacharoff, also implied that Section 5’s constitutional status might be threatened. Adegbile considers the continued relevance of Section 5 a legislative matter rather than a judicial one: “Where you have a statute that has withstood the test of time and has been a transformative piece of legislation…that system should not lightly be set aside.”
Constitutional for the record Faculty Amy Adler Rachel Barkow Derrick Bell Jr. Norman Dorsen Ronald Dworkin John Ferejohn
A leading constitutional scholar,
Professor Kenji Yoshino
is an expert in law and literature who also teaches Shakespeare and the Law.
Barry Friedman
Counter-Terrorism and the National Security Constitution Courts Criminal Procedure: Fourth and Fifth Amendments
Centers
Current Issues in Immigrants’ Rights
Brennan Center for Justice
Democratic Theory Seminar
Center on Law and Security
Federal Courts and the Appellate Process
Public Interest Law Center
Federal Courts and the Federal System
Selected Courses Affirmative Action Today
Federalism: Law and Policy
David Golove
Blasphemy in America
First Amendment Rights of Expression and Association
Helen Hershkoff
Comparative Constitutional Adjudication
Human and Constitutional Rights in Europe
Comparative Constitutional Law
Immigration Law
Clayton Gillette
Art Law
Roderick Hills Jr. Stephen Holmes
Stephen Schulhofer
Daniel Hulsebosch
Jeremy Waldron
Samuel Issacharoff
Kenji Yoshino
Mattias Kumm
Diane Zimmerman
Sylvia Law ’68 Deborah Malamud Burt Neuborne Richard Pildes David A.J. Richards Cristina Rodríguez
Student Organizations American Civil Liberties Union American Constitution Society Federalist Society
Madison Lecture Judge M. Blane Michael ’68 of the U.S. Court of Appeals for the Fourth Circuit delivered the 41st annual James Madison Lecture this fall.
Journals I•CON (International Journal of Constitutional Law) Journal of Law & Liberty Review of Law and Social Change
Constitutional Decisionmaking Constitutionalism: Global and National Constitutional Law Constitutional Law of the United Nations Constitutional Litigation
Immigration Law and the Rights of Noncitizens Law of Democracy Local Government Law Protection of Personality Public Law Colloquium Reading the Constitution Separation of Powers
Arthur Garfield Hays Civil Liberties Program Directed by Professors Norman Dorsen, Sylvia Law ’68, and Helen Hershkoff, the Hays Civil Liberties Program, the oldest and most respected program of its kind in the United States, awards fellowships to a small group of third-year students committed to civil liberties. Fellows work in special internships for organizations focused on civil liberties and other human rights on litigation, policy recommendations, and other law-related assignments.
c onstitutional
D e c i d ing V ot e
1L2L3L
A worldclass faculty teaches a vast array of courses, clinics, and colloquia. Criminal law at NYU is a rich discipline that begins with the first-year course, which covers general principles of criminal responsibility. Second-year students can take courses in evidence or criminal procedure. Most law schools have only one course in criminal procedure; at NYU, students can choose from four. The upper-level advanced courses in substantive and procedural criminal law are just as plentiful, including Business Crime, Federal Criminal Practice, and Juvenile Justice. And students can pick from many seminars and eight hands-on criminal law clinics.
NYU examines criminal law from multiple perspectives: administrative, constitutional, international, and sociological.
Criminal
Professor Bryan Stevenson, who has dedicated his life to fighting capital punishment, makes sure his students absorb the legal tactics to keep up the cause. In windowless offices in Montgomery, Alabama, 200 yards from where slaves were auctioned off 150 years ago, Professor of Clinical Law Bryan Stevenson and students in his Equal Justice and Capital Defender Clinic represent death-row prisoners and people sentenced as teens to life without parole. Says Stevenson, “Each of us is more than the worst thing we have done.” Working with the Equal Justice Initiative (EJI), a group that Stevenson founded, directs, and took national, the clinic represents death-row prisoners in post-conviction
a November 9 U.S. Supreme Court hearing on Sullivan v. Florida—a case in which the defendant was just 13 years old when sentenced to life in prison without the possibility of parole for burglary and rape. Joe Sullivan, who is now 33, is one of only two 13-year-olds to be sentenced to life without parole for a crime in which the victim did not die. Stevenson argued that the sentence violates the Eighth Amendment’s ban on cruel and unusual punishment and is asking that Sullivan be resentenced to become eligible for parole. In recent months, EJI has filed challenges in Mississippi, Iowa, Wisconsin, and Delaware in cases in which children have been sentenced to life without parole. Stevenson, who also teaches a seminar on Race, Poverty, and Criminal Justice and recently addressed the United Nations on the problem of racial bias in the criminal justice system, has consistently been recognized by the National Law Journal as one of the 100 most influential lawyers in America. He has won numerous awards, including the Olaf Palme Prize for International Human Rights in 2000. Most recently, Stevenson was awarded the Peter and Patricia Gruber Foundation’s 2009 International Justice Prize for “tireless advocacy” in fighting for people without a voice in the justice system.
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U ltimat e A d vo c at e
proceedings and individuals sentenced to life in prison without parole for crimes they committed as adolescents. Alabama, where Stevenson started EJI, has no public defender system. “I’m not just bringing students down here for the sake of training them,” says Stevenson, who also created and runs the clinic. “We’re meeting a critical legal need.” EJI has obtained relief in the form of new trials, reduced sentences, or exoneration for 76 deathrow prisoners. “The clinic,” notes Stevenson, “is the perfect nexus of legal training and education while helping defendants who are literally dying for representation.” Students frequently travel the state interviewing death-row clients and family members, reviewing local court files and state evidence, and gathering information from jurors, trial lawyers, and witnesses. They also help prepare briefs, petitions, and motions, and they even work on litigation designed to reform the legal system. For many, the experience is life-changing. “It’s a privilege to work on these cases and to serve these clients and their families,” says Aaryn Urell ’01, who became so involved in the clinic that she eventually went to work for EJI. This fall, Stevenson and his team of young defenders prepared oral arguments for
A d minist e r ing J usti c e
The Center on the Administration of Criminal Law seeks a smarter, fairer system. With more than 90 percent of criminal cases ending in plea bargaining or charge bargaining rather than going to trial, prosecutors wield enormous power as adjudicators in the criminal justice system. The NYU School of Law’s new Center on the Administration of Criminal Law, headed by Anthony Barkow, a former federal prosecutor, and Professor Rachel Barkow, is the only center of its kind to focus on prosecutorial power and discretion, advocating good government practices in criminal matters. In its first year, the center saw the reasoning of its first amicus brief, on behalf of the defendant in Abuelhawa v. United States, echoed in the U.S. Supreme Court’s ruling on the case, and it also filed amicus briefs in a number of other cases. In May 2009 the center held its inaugural conference, “Regulation by Prosecutors,” which examined the ongoing increase in prosecutorial adjudication. Rachel Barkow testified at
a U.S. Sentencing Commission hearing in July 2009. The same month, she also testified before the House Subcommittee on Commerce, Trade, and Consumer Protection about the structure of the proposed Consumer Financial Protection Agency. As with many centers at NYU Law, the Center on the Administration of Criminal Law provides important realworld experience to interested students. Julia Sheketoff ’10, a research fellow at the center, combed the Supreme Court docket for cases suitable for amicus briefs. She flagged a case that was ultimately the subject of a brief she helped edit. Sheketoff later participated in a pre-hearing moot for the petitioner and even attended the oral argument at the Supreme Court. “They’ve both been really wonderful mentors for me,” Sheketoff says of the center’s directors, calling her work on the case “one of my favorite experiences here at NYU Law.”
NYU Law confronts the most pressing national concerns in embracing the field of Law and Security.
Most of the world reacted with shock and grief after 9/11. The NYU School of Law also responded by applying the intellectual powers of its faculty and students to untangle the complicated legal and policy questions emerging in a changed world. What are the limits of executive authority? What are the obligations of
the United States under international human rights conventions? How, if at all, should precious liberties be limited in times of crisis? In seeking answers, the Law School is helping shape a new field known as Law and Security, detailed in the cover story of the 2009 issue of NYU Law’s annual magazine.
“
There’s so much going on here in criminal law—clinics, courses, professors who know everyone in the criminal justice system, a really big alumni network, and lots of students interested in the area. I plan on being a public defender. I’ve never been more sure about anything in my life. I wake up in the morning and think, This is what I want to do, and I’m so glad I came to NYU,
”
because I learned how to do it. M aggi e O ’ Donn e ll ’ 0 9 Hear more from Maggie about her NYU Law experience at law.nyu.edu/more.
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Cov e r sto r y
The Hoffinger Colloquium takes on tough questions about criminal justice. One of the hallmarks of the criminal law program, the Hoffinger Criminal Justice Colloquium brings together legal and social science scholars, law enforcement officials, prosecutors, defense lawyers, judges, journalists, and students to debate current criminal justice issues. The monthly colloquium provides a venue for students to meet with the faculty, alumni, and
criminal justice professionals. In January 2009, Professor Ronald Noble, secretary general of INTERPOL, on leave from NYU Law, discussed the crucial task of policing terrorism worldwide in his speech “Addressing Police Challenges in the 21st Century: Are We Prepared?” at the Hoffinger Colloquium. To watch this lecture, go to law.nyu.edu/more.
Criminal
for the record Stephen Schulhofer
Theodor Meron, Charles L. Denison Professor of Law Emeritus, on leave, is serving as an appeals judge for the U.N. International Criminal Tribunal for the former Yugoslavia.
Bryan Stevenson
Jennifer Arlen ’86 Rachel Barkow Paul Chevigny Jerome Cohen Kevin Davis Harry First Barry Friedman David Garland Martin Guggenheim ’71 Randy Hertz James Jacobs Holly Maguigan Theodor Meron Ronald Noble Samuel Rascoff David A.J. Richards
Capital Punishment Law and Litigation Comparative Criminal Procedure Seminar Complex Federal Investigations
Harry Subin
Corruption and Corruption Control
Kim Taylor-Thompson
Criminal Law
Anthony Thompson
Criminal Litigation
Adjunct Professors U.S. District Court Judge John Gleeson Ronald Goldstock
Anthony Amsterdam
Business Crime
Criminal Procedure
Faculty
Selected Courses
Criminal Procedure: Bail to Jail Criminal Procedure: Police Investigations
U.S. Magistrate Judge James Orenstein ’87
The Death Penalty: Social and Historical Perspectives
S. Andrew Schaffer
Evidence
Centers Brennan Center for Justice Center on the Administration of Criminal Law Center on Law and Security Center for Research in Crime and Justice
Evidence and Professional Responsibility
8
of NYU Law’s clinics focus on criminal issues. Comparative Criminal Justice Criminal Appellate Defender Criminal and Community Defense Equal Justice and Capital Defender Federal Defender Juvenile Defender Offender Reentry Prosecution (Eastern District of New York and Southern District of New York)
Federal Criminal Law Intelligence Gathering and Law Enforcement Post 9/11 Juvenile Justice
The Criminal Justice Fellowship is for a second-year student who wants to collaborate with James Jacobs, Chief Justice Warren E. Burger Professor of Constitutional Law and the Courts, on one of his ongoing research projects. The fellow receives three academic credits and a $7,500 stipend over two years. Each fellow is expected to co-write an article or book. Jacobs, who has written or cowritten 14 books, has worked with students on topics ranging from organized crime to drug testing.
Negative C.V. Jurisprudence Policy re: Criminal Records Organized Crime Control Police, Law and Society: Issues in Democratic Policing Professional Responsibility in the Criminal Practice Race, Poverty and Criminal Justice Retribution in Criminal Law Theory & Practice Seminar The Regulation of Vice Sentencing
c r iminal
I nt e ll e c tual lif e
Q & A
Professor Katrina Wyman on what it’s like to study environmental law at NYU. How are students introduced to environmental law? In the core classes, students get a foundational education about how environmental law works. But the faculty here also introduces students to theoretical perspectives on environmental regulation. They learn economic approaches toward environmental problems and philosophical theories on underlying land use issues. Classes here also address international environmental issues and look comparatively at different countries’ approaches to regulating the environment. Is New York City a strange place to study environmental law? Not at all. A number of large environmental organizations are here, such as the Environmental Defense Fund and the Natural Resources Defense Council. There are U.N. opportunities as well. New York faces very distinctive environmental issues because it’s a big city. A lot of interesting issues in New York, for example, revolve around how to manage multiple uses of land; my colleague
Vicki Been ’83 and the Furman Center are actively involved in studying these issues. How accessible is the environmental faculty? The Law School has four fulltime faculty members who are very interested in environmental and land use issues, which is unusual for an elite law school. There are many opportunities to meet us in our offices, and we also have a tradition of inviting students to our homes. What makes this possible is that you can walk to all of our houses and apartments from the Law School. I live the farthest from campus, and I live just north of Washington Square Park. It’s a very neighborhood feel.
Our Environmental and Land Use faculty work with students to explore important issues such as climate change, affordable housing, and the role of regulation— and propose sustainable solutions.
Environmental
Authors Richard Revesz and Michael Livermore ’06 launched an institute to make their scholarly ideas a reality. Much is notable about Retaking Rationality: How Cost-Benefit Analysis Can Better Protect the Environment and Our Health. Published in 2008, the book is a collaboration between Law School Dean Richard L. Revesz and his former student Michael Livermore. Although Revesz and Livermore are committed environmentalists, their book takes progressives to task for ceding cost-benefit analysis to the government and industry groups. Economic analysis, the authors say,
weeks of the Bush administration, the press covered IPI’s public calls for review of the administration’s “midnight regulations,” many of which were adopted without adequate review or analysis. IPI also became the media’s go-to source for independent, thoughtful analysis on the Obama administration’s cap-and-trade proposal, EPA’s fuel emissions standards, and other climate change–related regulations and bills. Most recently, IPI has taken its message global, cosponsoring a summer conference in Chile that included top Chilean government officials and scholars and a workshop in the Dominican Republic. Dean Revesz also facilitated a postgraduate class in costbenefit analysis and economic perspective on environmental law as part of a series of daylong seminars given by the president of the Argentine Supreme Court, Ricardo Luis Lorenzetti, at the University of Buenos Aires. Only a year and a half after publishing their book, Revesz and Livermore are seeing their ideas take root. “Collaborating with Ricky has been an extraordinary experience, both for me and for students working with the institute,” Livermore says. “Already, we have influenced policy and the public debate at the intersection of economics and the environment.”
Class A c t
The Environmental Curriculum The 1L Year Students learn about the basics of environmental law, such as the law governing the regulation of clean air, clean water, and endangered species, as well as theoretical perspectives on environmental and land use regulation.They learn the law governing the regulation of clean air, clean water, and endangered species. Richard Stewart, John Edward Sexton Professor of Law, leads a section of the first-year Administrative and Regulatory State course that explores the interplay between the legislative process and the administrative execution of regulatory statutes through the lens of environmental regulation. Vicki Been ’83 teaches Property and regularly uses environmental
and land use problems as a springboard to discuss basic property law concepts. Environmental and land use issues are also covered in first-year Torts. The 2L and 3L Years Students usually begin their second year by taking one or more of several introductory survey courses, such as Environmental Law (taught by Dean Richard Revesz), Land Use Regulation, or Natural Resources Law. Clinics give students a chance to learn about environmental law first-hand. International environmental classes examine different countries’ approaches to regulating the environment and focus on issues currently shaping international environmental law.
e nvi r onm e ntal
Cl e a r ing th e A i r
is a necessary and useful tool that can be employed to support a compassionate and fiscally sound approach to environmental and public health policy. Reviewers praised the book as “important reading” and “essential reading for the thinking environmentalist.” A few months after publication, Revesz and Livermore launched the Institute for Policy Integrity (IPI), a nonpartisan advocacy and research organization dedicated to realizing the ideas charted in their book. In its first year, IPI secured funding from the Rockefeller Family Fund as well as the William and Flora Hewlett Foundation and hired a number of fellows and staff, enabling it to produce a slew of influential publications and studies. Fixing Regulatory Review: Recommendations for the Next Administration, the product of a roundtable with officials from two previous presidential administrations, provided a blueprint for regulatory reform for the Obama administration. The Road Ahead: EPA’s Options and Obligations for Regulating Greenhouse Gases offered a detailed analysis of greenhouse gas regulation under the Clean Air Act, analyzing the Environmental Protection Agency’s mandate in relationship to policy options being considered by Congress. IPI has also been effective in advocacy efforts. In the last
Climbing, kayaking, and snowshoeing— the Environmental Law Society does all that and research projects, too.
will fix
L aw of th e L an d
For Vicki Been, it’s about much more than location, location, location. Vicki Been ’83, Boxer Family Professor of Law, channels her legal expertise into an area of environmental impact that also happens to be one of New York City’s greatest obsessions: real estate and land use. Been, the director of the Furman Center for Real Estate and Urban Policy, testified in 2008 before the U.S. House Committee on Oversight and Government Reform about the previously overlooked effects of the U.S. subprime mortgage
crisis on renters as well as owners. She cited a Furman Center study that showed 60 percent of New York City foreclosures involved multifamily dwellings, leaving 15,000 tenants at risk of displacement. The center also releases an annual report providing statistics on housing, demographics, and quality of life for New York City neighborhoods. Been teaches Land Use Regulation and Property, and she co-teaches the Colloquium
on the Law, Economics, and Politics of Urban Affairs. Students interested in urban policy gravitate toward Been’s work. Margot Pollans ’10 learned about Been’s study of the impact of community gardens on surrounding property values at Admitted Students Day. “She told me that as a student at NYU, I could work with her on the gardens project and on other projects related to urban land use issues,” says Pollans. “I was immediately sold.”
The ELS is the studentrun organization for future environmental lawyers and all law students interested in environmental issues. The group sponsors a brownbag lunch series featuring prominent environmental lawyers and scholars; legal projects in which the ELS partners with local or national environmental organizations to provide research assistance; social and community service events; and more. Last year, for example, ELS helped organize a New Regulatory Climate Symposium, hosted Ambassador Stuart Beck from Palau, and co-sponsored a panel discussion in which speakers from the Council on Foreign Relations and the New York League of Conservation Voters addressed energy and the environment.
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H igh S o c i e ty
Professor Richard Stewart is working hard to sow solutions to the world’s environmental problems. Richard Stewart has many titles—University Professor, John Edward Sexton Professor of Law, chair and faculty director of the Hauser Global Law School Program, and director of the Frank J. Guarini Center on Environmental and Land Use Law—and even more energy. An active scholar who has published 10 books and more than 80 articles on environmental and administrative law, Stewart spent much of the last year leading the Breaking the Logjam Project, a major environmental law reform effort that developed a series of proposals to create a comprehensive plan for future U.S. environmental regulation. Stewart and his colleagues, Professor Katrina Wyman and Adjunct Professor David Schoenbrod of New York Law School, issued a report containing recommendations to help Congress move beyond legislative deadlock. They also published 40 proposals for action, gave briefings on the
Hill, and have a book due out this spring. Last fall, Stewart organized NYU’s groundbreaking climate finance conference in Abu Dhabi. “Climate Change: Financing Green Development” addressed new ways to finance and promote reductions in developingcountry greenhouse gas emissions while promoting clean development. Stewart, who was awarded the 2009 American Bar Association Section of Environment, Energy, and Resources Award for Excellence in Environmental, Energy, and Resources Stewardship, cherishes the chance to train the leaders of tomorrow. As he observes: “Climate regulation is typical of the frontier problems the next generation of environmental lawyers will face: complex technological scientific and ethical issues with local, national, and global dimensions. Equipping our students to deal with such problems is what NYU is all about.”
Environmental for the record Faculty Vicki Been ’83 Ingrid Gould Ellen Clayton Gillette Roderick Hills Jr. Robert Howse Dale Jamieson Benedict Kingsbury Richard Revesz
Moot Points NYU Law’s student team reached the finals in the University of Copenhagen’s international moot competition to negotiate an international climate agreement, held in advance of the Copenhagen climate summit.
Richard Stewart Katrina Wyman
Centers Frank J. Guarini Center on Environmental and Land Use Law Furman Center for Real Estate and Urban Policy
10
CELUL Public Interest Summer Internships are awarded each summer for students to work around the world on environmental and land use issues with governments, NGOs, and nonprofit groups such as NRDC.
Summer Funding Grants The Law School guarantees Public Interest Summer Funding Grants to support internships for all first- and second-year J.D. candidates who want to pursue environmental and land use or other public interest areas. Many work for environmental and land use organizations, such as Environmental Defense Fund, Riverkeeper, Natural Resources Defense Council, and the Environmental Protection Agency. Other students use their grants to undertake internships in other countries, working on projects such as Green Advocates in Liberia and the United Nations Environment Program in Kenya.
Environmental Law Journal Started by students in 1992, the ELJ is a leader in its field and has published articles on topics of both national and international scope.
Selected Courses Administrative and Regulatory State Advanced Environmental Law Seminar Climate Change Policy
LL.M. Starting in Fall 2010, NYU Law will offer a specialized LL.M. in Environmental Law intended for those planning a career in environmental and land use law, whether in academia, public service, or private practice. The program will train the next generation of leaders in this field, drawing on the faculty’s academic strengths and policy expertise.
Property Rights in Changing Societies
Colloquium on the Law, Economics, and Politics of Urban Affairs
Public Interest Environmental Law Practice
Environmental Governance Seminar
Real Estate Transactions
Environmental Law Environmental Law Clinic
Real Estate Deals
Seminar in Environmental Law: Environmental Values, Policy, and the Law
International Environmental Law
Toxic Harms
International Environmental Law Clinic
Ignacia Moreno ’90
Land Use, Housing, and Community Development in New York City Land Use Regulation Law of NYC Natural Resources Law Property
is one of the many alumni working in the Obama administration. She is assistant attorney general in the Environment and Natural Resources Division of the Department of Justice.
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G lobal R e a c h
Intellectual property law “now consists of two
conflicting sides: the familiar progressive side of the law, which works, in the terms of the U.S. Constitution, ‘ to promote the Progress of Science and useful Arts,’ and the unappreciated sumptuary side of the law, which is not progressive but rather socially and technologically reactionary.
”
P r of e sso r ba r ton b e e b e , from his forthcoming paper in the Harvard Law Review
In a high-tech, global economy, understanding the major areas of law that affect
Innovation
antitrust law, competition policy, and intellectual property law is more vital than ever.
innovation
W o r k s in P r og r e ss
The Colloquium on Innovation Policy is the capstone of the innovation program at NYU Law. Focused on the law’s role in promoting creativity and invention, the Colloquium on Innovation Policy gives students an opportunity to explore in depth the current work of scholars who examine innovation policy from various disciplines, including law, economics, history, psychology, sociology, and English. In 2010 the colloquium, led by Rochelle Dreyfuss, Pauline Newman Professor of Law, and Professor Barton Beebe, will look at the impact of international intellectual property obligations on development, including issues of access to medicine and education; emerging norms protecting local knowledge and cultural diversity; and the dynamics of participating in international norm-building activities.
The colloquium draws guests from the New York area’s innovation policy community—academics from other institutions, intellectual property and antitrust practitioners, and businesspeople. Students are the heart of the colloquium, however, critiquing the papers that the speakers present, and preparing and presenting research papers of their own. The experience is a lasting one. “These are not published papers, they’re drafts,” says Daniel Cho ’10 of what the speakers present each week, “so we can talk to them about what they were thinking when they wrote it. We really get to figure out how they think and how we can incorporate that kind of logic into our own papers. It’s very cool.”
S c i e ntifi c M e tho d
Katherine Strandburg’s focus has shifted from physics to Facebook. “The old rubrics for privacy regulation are no longer adequate for today’s online world,” says Professor Katherine Strandburg, who moderated two panels about social networking at the Federal Privacy Workshop held by NYU’s Information Law Institute this fall. Though these days Strandburg, who joined the full-time faculty in Fall 2009, is an intellectual property expert specializing in patent law,
science and technology policy, and information privacy law, she spent the early part of her career as a research scientist. Trained as a physicist, she was part of the Condensed Matter Theory Group at Argonne National Laboratory; she published scholarship on topics such as quasicrystals and hard-disk systems. Such cross-training is an asset, says Dean Revesz: “Kathy is a dynamic teacher,
and her research has been shaped in powerful and creative ways by her experience as a scientist.”
In a BusinessWeek op-ed, Harry First argues that history holds lessons for today’s regulators. “Too Big and Failing: The Missed Chance to Break Up GM” is the title of Harry First’s June 19, 2009, op-ed in BusinessWeek. First, Charles L. Denison Professor of Law and director of the Trade Regulation Program, wrote the piece with Peter Carstensen, George H. Young-Bascom Professor of Law at the University of Wisconsin Law School, arguing that the government should have seized the opportunity to break up General Motors more than 40 years ago, when it had the chance on antitrust grounds. “The failure to pursue antitrust action against GM at a time when it could have spun off healthy assets, not failing ones, is a cautionary tale for antitrust enforcers,” the authors write. “Had GM been reorganized when it was still a powerful and efficient competitor, the result might have been a stronger, larger, and more domestic
automobile industry, where firms would have been under continuing competitive pressure to reduce prices and to innovate, whether by producing smaller cars, more efficient cars, or safer cars.” The authors state that three principles can be taken from this history: (1) firms should not be allowed to buy market dominance, (2) reinvigorated antitrust enforcement in the Obama administration can help check the potential for exclusionary practices by other, stronger automakers, and (3) although market-dominating firms might eventually run down, we don’t have to wait until it is too late—more rivalry is better. “Monopoly firms need to be broken up,” the authors conclude. “Regulatory solutions, or government efforts to control dominant firm behavior, inevitably are poor substitutes.”
Innovation
for the record
Selected Courses Advanced Topics in Art Law Advanced Trademarks Antitrust: Comparative Study of E.U. and U.S. Law Seminar
Professor Rochelle Dreyfuss
Antitrust in High-Tech Industries
traveled to Taiwan for the 2009 International Seminar on Intellectual Property: An Interdisciplinary Study of Law and Technology.
Antitrust: International and Comparative Economic Development and Globalization
Full-time Faculty
Affiliated Faculty
Amy Adler
Nick Economides
Oren Bar-Gill
Helen Nissenbaum
Barton Beebe
Lawrence White
Rochelle Cooper Dreyfuss Harry First Eleanor Fox ’61 Stephen Gillers ’68
Nicholas Gordon
Lewis A. Kornhauser
Mary Kevlin
Andreas F. Lowenfeld
Day Krolik
Florencia MarottaWurgler ’01
Patricia Martone
Katherine Strandburg
Irving Scher
Diane Zimmerman
Ira Rubinstein Herbert Schwartz Rose Schwartz
In May 2009 the
Engelberg Center on Innovation Law and Policy co-hosted “Enough is Enough!: Ceilings on Intellectual Property Rights,” a conference to consider limits on the expansion of intellectual property rights within the international framework.
Centers Engelberg Center on Innovation Law and Policy Information Law Institute
Graduate Degrees LL.M. in Trade Regulation LL.M. in International Business Regulation, Litigation, and Arbitration
Professor Eleanor Fox ’61
“one of the most important figures in the field of international antitrust” when he gave her the 10th annual Antitrust Achievement Award in June 2009.
Antitrust: International Globalization and Economic Development Antitrust Issues in the Distribution of Goods and Services Antitrust Law
Adjunct Faculty
The American Antitrust Institute’s president called
Antitrust Law and Economics Antitrust Law and Intellectual Property Rights Antitrust and Regulatory Alternatives I and II Anonymity and Accountability on the Internet Art Law Colloquium on Innovation Policy Comparative Trademarks Copyright Law Copyright Law in the Digital Era Cyberlaw: Internet Points of Control
First Amendment Rights of Expression and Association Global Financial Market International Intellectual Property Law Media Law Modernization of Antitrust Patent Law Patent Litigation Private Law in Europe and U.S.: Convergence or Divergence Regulation, Deregulation and Reregulation Restructuring Firms and Industries Survey of Copyright, Patent, and Trademark Law
Employment Law
Survey of Intellectual Property
Entertainment Law
Trademarks
innovation
N e wsma k e r
H alls of Fam e
Words of Wisdom This fall, University Professor Jeremy Waldron delivered one of the most prestigious lectures in the academy, the three-part Oliver Wendell Holmes Lecture at Harvard Law School; his theme was “Dignity and Defamation: The Visibility of Hate.” It was the 13th major lecture that Waldron has given at top universities throughout the world. “These famous lecture series are great events in academic life, and the universities that sponsor them are understandably anxious to match the quality and reputation of each year’s speaker to the high importance of the occasion,” said his colleague Professor Ronald Dworkin. “It is a wonderful tribute to Jeremy that so many of the best universities have turned to him for that purpose.”
law an d EC O N O M I C S
NYU Law has a core of full-time faculty who consider law and economics a primary focus of their work.
law an d histo r y
law an d philosophy
law an d politi c s
law an d so c i e ty
The Law School has deep roots in the study of legal history; the Samuel I. Golieb Fellowship Program is the oldest legal history fellowship in the U.S.
NYU Law has an extremely distinguished program in legal, moral, and political philosophy that boasts some of the field’s most respected scholars.
From the Law of Democracy course to classes about federal courts or international issues, law and politics intersect often at the Law School.
At NYU Law, the complex relationship between law and society is viewed through the lenses of multiple disciplines—sociology, criminology, anthropology, and psychology, to name a few.
Interdisciplinary
“
L aw an d E c onomi c s
Jennifer Arlen and Geoffrey Miller analyze the law by the numbers.
Empirical legal studies is a relatively new trend in legal scholarship that applies scientific method to legal data. Almost two dozen faculty at the Law School have embraced this effort to test legal theory with real-world evidence. Among them, Jennifer Arlen ’86, Norma Z. Paige Professor of Law, and Geoffrey Miller, Stuyvesant P. Comfort Professor of Law, are helping to spark a revolution across the legal academy. “The real importance of ELS is that it
enables us to formulate legal policy based on the real problems that exist in the world, not the problems we think might exist, based on our ideology,” says Arlen. ELS “gets us away from anecdotes and from making policy based on which anecdote you believe.” The main reason for the rise in empirical work is simply that it’s easier to do now. “You can do work on your laptop today that would only have been possible on a mainframe 15 years ago,” says Miller.
As a child, the physicality of history struck me. I was fascinated by its layered quality, the way an old house was actually made up of a series of additions, each built by a different generation. Later I came to see intellectual history in much the same way: Ideas are structures built over time, each part added by a new generation. P r of e sso r Dani e l H uls e bos c h , who co-teaches the
Legal History Colloquium, the nation’s longest-running legal history workshop
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L aw an d H isto r y
int e r d is c iplina r y
h e a d ing
Philosophy Dworkin/Nagel A Meeting Shot of the Minds L aw an d P hilosophy
The hugely popular Colloquium in Legal, Political, and Social Philosophy is led by legal philosophers Ronald Dworkin (far right), Frank Henry Sommer Professor of Law, who is well known for his argument that law’s fundamental purpose is to be ethical, and University Professor Thomas Nagel, whose work ranges widely from ethics to political and legal theory. The reputations of the colloquium’s leaders are so stellar—Dworkin received the Holberg International Memorial Prize in 2007, and Nagel won a Balzan Prize in 2008—that they have been able to persuade some of the biggest names in the field to visit. A few: Jürgen Habermas, Kathleen Sullivan, Thomas Scanlon, and Peter Singer. The colloquium, as well as the Law School itself, has become the hottest ticket in legal and moral philosophy.
L aw an d P oliti c s
Renaissance man John Ferejohn is an expert on everything from pork-barrel politics to positive political thinking. John Ferejohn, Charles Seligson Professor of Law, can lecture on pork-barrel politics in the afternoon and whip up a dish of pork bellies with scallops that evening. A Renaissance man who plays jazz saxophone, runs marathons, collects wines, travels extensively, and experiments with molecular gastronomy—an avant-garde cuisine that uses chemical powders to create new textures such as liquid ravioli—Ferejohn, a nonlawyer who joined the full-time faculty in 2009, has academic interests that also span a wide range. “He does everything,” says Lewis Kornhauser, Alfred B. Engelberg Professor of Law, with whom Ferejohn coteaches the Law, Economics, and Politics Colloquium. “He has great curiosity, a penetrating mind, and can talk about anything that goes on in the Law School.” Ferejohn, who spent more than 25 years teaching political science, philosophy, and even
business at Stanford University, is known for his work on voters and the responsiveness of their elected officials. He is also credited with being one of the founders of positive political thinking (PPT), a methodology that uses mathematical models, economics, and game theory to analyze the workings of political institutions. In 1974, he published his first of five books, Pork Barrel Politics: Rivers and Harbors Legislation, 1947-1968. Both Pork Barrel Politics and his second book, The Personal Vote: Constituency Service and Electoral Independence, which he co-authored with Bruce Cain of the University of California, Berkeley and Morris Fiorina of Stanford, use PPT and game theory strategies, as well as statistical modeling, to look at issues such as how politicians build support and, conversely, how constituents control politicians. “The logic of majority rule says don’t be too hard to please,”
or you’ll be left out of the majority, Ferejohn says. “You better find a way to prevent politicians from playing you off against others.
So essentially, to control a politician, you need to come to some sort of agreement with other voters on a single evaluative criterion, such as the liberal or conservative dimension, then not set so high a standard that the politician will simply ignore it.” Recently, he co-authored a book called American Constitutionalism and Our Republic of Statutes, which challenges the belief that the fundamental rights enjoyed by Americans
are protected by the Constitution. “Instead of doing constitutional law from the top down,” he says, “we want to look at the real rights we have and rely on day to day from the bottom up.” Just as he improvises jazz compositions, Ferejohn enjoys taking an eclectic approach to academics and collaborating with colleagues
such as legal philosophers Thomas Nagel and Liam Murphy. “Part of law—constitutional law in particular— is really an applied area of political and moral philosophy. And NYU is really strong in these areas,” says Ferejohn. “The nice thing about applied, as opposed to theoretical, approaches to these topics is that one can see the conflicts in sharper relief, and political scientists have a congenital love for conflict.”
for the record About
1/2
of NYU Law professors are involved in an interdisciplinary course or research.
Centers Brennan Center for Justice
L aw an d S o c i e ty
The Interdisciplinarian Often counted among the world’s leading sociologists of crime and punishment, David Garland, Arthur T. Vanderbilt Professor of Law, teaches at the Law School and in NYU’s Department of Sociology. Noted for both his distinctive sociological approach to crime and punishment and his work on the history of criminological ideas, Garland is the author of The Culture of Control: Crime and Social Order in Contemporary Society, which analyzes modern trends in penal and social control.
For the last decade, Garland’s apartment in the Mercer Street Residence has been the site of informal talks that are part of the Faculty in Residence Program. The sessions are reserved for NYU Law students in on-campus housing. Among the more popular topics: the history and politics of the American death penalty, and mass imprisonment. “Basically,” says Garland, “the idea is to make living here less of a ‘dorm’ experience and more like being in an intellectual community.”
Center on the Administration of Criminal Law Center for Human Rights and Global Justice (CHRGJ)
Frank J. Guarini Center on Environmental and Land Use Law Furman Center for Real Estate and Urban Policy Hauser Global Law School Program Information Law Institute Institute for International Law and Justice (IILJ) Institute for Law & Society Institute for Policy Integrity Jean Monnet Center for International and Regional Economic Law & Justice
colloquia Behavioral Law and Economics Business Crime Chinese Law and Society: Advanced Topics Death Penalty: Social and Historical Perspectives Economic Analysis of Law Education Law Gender Issues in Islamic Law Introduction to Legal Philosophy Introduction to Moral and Political Philosophy Juvenile Justice Law and Development
Migration Policy Institute
Law and Modern Society
Center for Labor and Employment Law
National Center on Philanthropy and the Law
Law and Social Policy
Center for Law, Economics and Organization
Pollack Center for Law & Business
Center on Law and Security Center for Research in Crime and Justice Center for the Study of Central Banks and Financial Institutions Dwight D. Opperman Institute of Judicial Administration (IJA) Engelberg Center on Innovation Law and Policy
Public Interest Law Center
Law and Society in East Asia Law, Economics and Psychology
Straus Institute for the Advanced Study of Law & Justice
Law of Democracy
Tikvah Center for Law & Jewish Civilization
Modern Legal Philosophy
Selected Courses American Legal History Asian American Jurisprudence
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Local Government Law Police, Law, and Society: Issues in Democratic Policing Psychology and the Design of Legal Institutions Regulation of Vice Sex Discrimination Law
demonstrate a deep commitment to an interdisciplinary approach to law: Colloquium in Legal, Political, and Social Philosophy Colloquium on Innovation Policy Colloquium on Law, Economics, and Politics Constitutional Theory Colloquium Hauser Colloquium: Interdisciplinary Approaches to International Law Institute for International Law and Justice Colloquium Law and Economics Colloquium Legal History Colloquium Tax Policy Colloquium
Specialized Degrees NYU Law offers several dual degree programs, such as the J.D./M.A. or Ph.D. in Economics, French, History, Philosophy, or Politics and the J.D./M.A. or Ph.D. in Law & Society. NYU Law also offers the traditional LL.M. as well as a specialized master’s in Legal Theory.
int e r d is c iplina r y
Interdisciplinary
S p e a k ing O ut
Philip Alston spotlights troubled societies around the globe. Philip Alston, John Norton Pomeroy Professor of Law, focuses on human rights and international law not only in his classroom teachings, but also in his global doings. As the U.N. Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions, he has conducted investigations involving Brazil, Colombia, Darfur, the Democratic Republic of the Congo, Guatemala, Israel, Kenya, Lebanon, Nigeria, the Philippines, Sri Lanka, and the United States. Even the U.S.’s unmanned drone attacks on the PakistanAfghanistan border have failed to escape Alston’s scrutiny. In October 2009, calling for the investigation of civilian and refugee killings in a U.N.–backed Congolese army operation, Alston said: “Giving [accused officers] a get-out-of-jail-free card,
even if ostensibly ‘just for a few years,’ only serves to mock human rights. No amount of sophisticated strategic rationalization should be permitted to obscure that fact.” Also a special adviser to the U.N. High Commissioner for Human Rights, Alston, who co-directs NYU Law’s Center for Human Rights and Global Justice, has a full plate—and limited resources for any given investigation. Armed with the facts uncovered by local NGOs and other organizations, however, he can cover a surprising amount of ground: “Even though I’m only there for a limited period of time, I can actually do rather a lot in terms of gathering together, synthesizing, and forcing government ministers and others to confront information that has otherwise not been taken very seriously.”
“Many places engage
in superlatives, but in terms of intellectual activity in international law, NYU is unbeatable.” p r of e sso r Ryan G oo d man , Anne and Joel Ehrenkranz Professor of Law, who joined the Law School in Fall 2009
Inte rnational
At the core of the Law School’s continued innovation in international law are several important and extremely active centers. The Hauser Global Law School Program brings more than a dozen preeminent foreign law professors and judges to research and teach at the Law School each year. Specially selected Hauser Scholars add their energy, insights, and perspectives to the community—and to every classroom. The Center for Human Rights and Global Justice makes substantive contributions to legal scholarship and advocacy on human rights issues including caste discrimination, unlawful detention and rendition, racial profiling, extrajudicial executions, and transitional justice.
The Jean Monnet Center for International and Regional Economic Law & Justice fosters cutting-edge scholarship on issues of international, European, and other regional law and policy. At the Institute for International Law and Justice, students collaborate on research papers and organize conferences and workshops with faculty on such topics as the role of international courts and international administrative tribunals and whether national courts should extend judicial review to cover international bodies.
The Center on Law and Security is a nonpartisan research and policy program for examining the legal dimensions of counterterrorism and peacekeeping both nationally and internationally. The just-opened Straus Institute for the Advanced Study of Law & Justice offers fellowships to top scholars from diverse fields, creating an intellectual haven for free interaction among multidisciplinary thinkers. Two-thirds of each year’s fellows pursue scholarship related to an annual theme; in 2009-10, the topic is the emerging legal field of international governance.
The newly renovated 1830s town house at 22 Washington Square North, home of the Straus Institute for the Advanced Study of Law & Justice and the Tikvah Center for Law & Jewish Civilization
int e r national
P oli c i e s fo r th e P lan e t
Samuel Rascoff is named a 2009 Carnegie Scholar for his work on enriching public dialogue on Islam. In April 2009, Assistant Professor of Law Samuel Rascoff became the fifth academic affiliated with NYU Law in the last seven years to be named a Carnegie Scholar by the Carnegie Corporation of New York. He will receive a two-year grant of up to $100,000 from the foundation. Rascoff was chosen for his project “Understanding How the U.S. Government Understands Islam.” Rascoff is a specialist in national security law and counterterrorism. The former director of the New York City Police Department’s intelligence analysis unit and now a co-director of the Center on Law and Security, he will focus his research on how the U.S. government acquires knowledge and sets policy in the area of Islamic thought and practice. The government’s concept of Islam, which he refers to as “official Islam,”
is enormously consequential. “In recent years, the study of Islam has proliferated across American government,” Rascoff says. “From military headquarters to congressional committees, and from federal courts to local police precincts, officials have sought to understand Islamic practice and thought, especially its more radical expressions. My research will focus on assessing the government’s efforts and on addressing the substantial legal, policy, and practical questions raised by the emergence of ‘official Islam.’” Previous Carnegie Scholars from NYU Law are Stephen Holmes (2003); Richard Pildes (2004); Noah Feldman (2005), faculty adviser at NYU Law’s Center on Law and Security; and Aziz Huq (2006), former deputy director of the Brennan Center for Justice.
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NYU is one of the few schools where you can take International Law as a 1L. It’s been one of my favorite courses, focusing on critical thinking and methodology. It’s an interesting way of learning and has good practical applications. Professor Joseph Weiler tries to make sure we have the tools to analyze any issue of international law. Ch r istin e Chiu ’ 1 1 Hear more from Christine about her NYU Law experience at law.nyu.edu/more.
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A 1L Elective
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Fo r e ign I nt e r e sts
José Alvarez joins the Law School’s cadre of top international law scholars. As a visiting professor to NYU Law in 2008-09, José Alvarez was impressed by the depth of the school’s international law faculty. Today, Alvarez is the Herbert and Rose Rubin Professor of International Law, having decided to add his star power to that impressive constellation of legal minds. Formerly director of the Center on Global Legal Problems at Columbia Law School, Alvarez is an expert in public international law and foreign investment law and author of the influential International Organizations as Law-makers, which examines the growing role of international organizations on state and individual behavior. Currently working on a book tentatively titled The Once and Future Foreign Investment Regime, which stems from a series of lectures he gave this past summer at The Hague Academy of International Law, Alvarez is already quite at home at NYU Law, where, he says, he found everything in move-in condition as soon as he turned on the lights in his office.
As Alvarez leads Foreign Investment: Law and Policy and a class on international organizations and the United Nations, he often finds himself thinking of his friend and colleague, the preeminent NYU Law Professor Thomas Franck, who passed away in May 2009. Says Alvarez of his singular mentor, whose legacy Alvarez now honors as he goes about his regular routine, “To this day, his is the voice I hear when I teach a class, comment on a colleague’s work, give students advice, or try and make someone understand what the law means and why it matters.”
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N e w R e c r uit
World Views
The Hauser Colloquium: Interdisciplinary Approaches to International Law invites academics from around the country to share their scholarship on a wide range of global issues.
Climate Change and U.S. Interests Professor Andrew Guzman, University of California, Berkeley, School of Law
Credible Commitments and the International Criminal Court Professor Beth Simmons, Harvard University and NYU’s Straus Institute for the Advanced Study of Law & Justice
Presidential Power over International Law: Restoring the Balance Professor Oona Hathaway, Yale Law School
Will National Court Cooperation Promote Global Accountability? The Judicial Review of International Organizations Global Visiting Professor Eyal Benvenisti, Tel Aviv University Faculty of Law, and NYU Professor of Politics George Downs
Freedom’s Battle: The Origins of Humanitarian Intervention Professor Gary Bass, Princeton University
Explaining the Deterrence Effect of Human Rights Prosecutions for Transitional Countries Professor Kathryn Sikkink, University of Minnesota Law School
Can International Law Stop Genocide When Our Moral Intuitions Fail Us? Professor Paul Slovic, University of Oregon
The Laws of War as an International Institution Professor James Morrow, University of Michigan
Justice in the Diffusion of Innovation Professor Robert Keohane, Princeton University
for the record Faculty Philip Alston José Alvarez Vicki Been ’83 Simon Chesterman Paul Chevigny Jerome Cohen Kevin Davis Rochelle Dreyfuss Samuel Estreicher Harry First Eleanor Fox ’61 Clayton Gillette David Golove Ryan Goodman Moshe Halbertal Roderick Hills Jr.
A lumni
Stephen Holmes
A Noble Nobel Laureate
Robert Howse
In 2005, Dr. Mohamed ElBaradei (LL.M. ’71, J.S.D. ’74, LL.D. ’04), former director general of the International Atomic Energy Agency, and the IAEA were awarded the Nobel Peace Prize for their “efforts to prevent nuclear energy from being used for military purposes and to ensure that nuclear energy for peaceful purposes is used in the safest possible way.” ElBaradei, whose third and final term as director general ended in 2009, has long promoted words over weaponry to reach compromises on nuclear programs. “We have reached a point,” he says, “where there are no other options.”
Mattias Kumm
Benedict Kingsbury Andreas Lowenfeld
Margaret Satterthwaite ’99 Linda Silberman Bryan Stevenson Richard Stewart Frank Upham Jeremy Waldron
Geoffrey Miller Liam Murphy Smita Narula Burt Neuborne Samuel Rascoff Cristina Rodríguez
Advanced International Law Children’s Rights in International Law Chinese Attitudes Toward International Law Comparative Constitutional Law
Joseph Weiler
European Competition Law and Economics
Katrina Wyman
Financing Development
Specialized Degrees Program in the History and Theory of International Law J.D./LL.M. Program in International Law LL.M. in International Legal Studies
Foreign Investment: Law and Policy Global Regulation and Governance Hauser Colloquium: Interdisciplinary Approaches to International Law History and Theory of International Law
LL.M. in International Taxation
Institute for International Law and Justice Colloquium
LL.M. in Law and the Global Economy (Singapore)
International Environmental Law
LL.M. in Trade Regulation J.S.D. Program in International Law
Theodor Meron Sally Merry
Selected Courses
Journals European Journal of International Law I·CON: The International Journal of Constitutional Law Journal of International Law and Politics
International Human Rights International Law International Litigation International and Regional Trade Law: The Law of the WTO and NAFTA Transitional Justice War, Crime and Terror: Legal and Moral Dimensions of the CounterTerrorism Efforts of the U.S. and Other Countries
Summer Internships Together, the Public Interest Law Center, the Institute for International Law and Justice, and the Center for Human Rights and Global Justice send many students overseas each year. The International Law and Human Rights Summer Fellowship Program alone places 20 students each year. Global Clerkships Students who are interested in postgraduate clerkships can apply to the International Court of Justice at The Hague through a special program at the Law School. Studying Abroad J.D. students who want to study overseas can choose among Englishlanguage programs at the Kyushu University (Japan), Bucerius Law School (Germany), the University of Copenhagen, the European University Institute in Florence, the University of Sydney, and the Catholic University of Leuven (Belgium). Students may also select from foreign language programs at the University of Paris II (Panthéon-Assas) and Paris X (Nanterre) or the University of Palermo (Buenos Aires).
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International
Cou r s e wo r k
Our faculty is passionate about civ pro—as teachers, as scholars, and as lawyers. They call it the lawyer’s toolbox or the keys to the kingdom, and they even compare practicing law with playing chess.
Every first-year law student is required to take Civil Procedure. The course gives a grounding in the essentials, such as subject matter jurisdiction (the basis for the court to hear the case), personal jurisdiction (whether a court can require a person to appear before it), and the Erie Doctrine (whether a federal court sitting in its diversity jurisdiction must apply state or federal law). Upper-level students can take clinics, seminars, and courses that deepen their understand-
ing of civ pro and push its boundaries. The key to civil procedure, suggests Professor Samuel Issacharoff, is to think of it as a chess game with an expanding universe of choices—any of which can make or break your case. “A good player always considers the implications many moves down the road,” he says. “And a weak player sees only the immediate issue. In this way, what students are being trained for is very similar to how you train chess players.”
The rules of the game. At NYU Law, you’ll learn them from the most expert faculty in the nation.
Procedure
Clockwise from bottom: Oscar Chase, Samuel Issacharoff, Linda Silberman, Geoffrey Miller, Helen Hershkoff, Samuel Estreicher, Burt Neuborne, Barry Friedman, Rochelle Dreyfuss, Andreas Lowenfeld (not pictured: Arthur Miller) Illustration by Stan Fellows
procedure
M a k ing th e Cas e
Six Procedural Arguments
“We teach students that the kind of choices you make will affect the way the whole case is seen by the other side and by the court, and will affect your ability to ultimately achieve what you want for your client.” Nancy Morawetz ’81, Professor of Clinical Law
“If you don’t successfully learn the theory, you can’t provide the rule in a practical way.” Oscar Chase, Russell D. Niles Professor of Law
“Civil procedure is about understanding the context in which a decision arises. Did the case come from a motion to dismiss? A summary judgment motion? That’s a major part of a lawyer’s arsenal when he gets a case on appeal.”
“You can’t do effective law reform work unless you are a master at proSamuel Estreicher, Dwight D. cedure. The odds of win- Opperman Professor of Law ning a law reform case are so small, and the odds of actually moving the society through litigation are so long, that “If you like procedure, it’s almost criminal to you’ll love international add to the odds by falling through a procedural litigation. The issues are not settled—they’re trap. You have to close open, they’re at the the procedural trapdoors, or else civil rights frontier. We take real cases and we have the litigation becomes an students argue them.” inefficient use of social resources.” Andreas Lowenfeld, Burt Neuborne, Inez Milholland Professor of Civil Liberties
Herbert and Rose Rubin Professor of International Law Emeritus
“Process forms an essential part of the rule of law. Students are surprised to learn that procedural systems differ from country to country. For example, elsewhere in the world, only a government official can serve a summons—indeed, it’s a crime in some countries for a private individual to do this.” Helen Hershkoff, Herbert M. and Svetlana Wachtell Professor of Constitutional Law and Civil Liberties
R e a d y o r not
Arthur Miller wrote the book on procedure. NYU Law students entering University Professor Arthur Miller’s first-year Procedure class should expect to be put on the spot. “It’s a procedure course; it isn’t a pabulum course,” says Miller, whose intimidating teaching style has made him the stuff of legend, supposedly inspiring a character in Scott Turow’s One L. “I demand absolute preparation. My belief is that you never say, ‘I’m unprepared’ to a judge or a senior partner.” Miller, who first taught Civil Procedure at the University of Michigan Law School, then for 25 years at Harvard, is known by every lawyer in the country for co-authoring the leading multivolume treatise on civil procedure, Federal Practice and Procedure, which was first published in 1969 and to which he continues to contribute. Every law student knows him for coauthoring one of the leading civil procedure casebooks and for his study guides for civil procedure exams and the bar exam. He is familiar to a general audience, too, for moderating the Fred
Friendly roundtables on PBS for many years and for hosting Miller’s Court—the pioneering TV show that made real-life lawyering accessible to a lay audience. An expert in civil procedure, copyright law, privacy rights, and complex litigation, Miller keeps a toehold in practice, arguing in the appellate courts as well as the Supreme Court. In October 2009, he testified before the Judiciary Committee of the U.S. House of Representatives about the U.S. Supreme Court’s May 2009 ruling that requires plaintiffs to plead specific factual allegations in their complaints. There, he argued that the decision had reset judicial expectations, requiring too much of plaintiffs at the earliest stages of litigation. Miller, who joined the Law School full-time in 2007 after being a frequent visiting professor, calls the procedure faculty “magnificent.” That quality is inevitable, he argues: “Collectively, they probably have about 150 years of classroom experience in the field.”
Pat r i c k G a r ling e r ’ 0 9
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Procedure
for the record Faculty Anthony Amsterdam Jerome Bruner Sarah Burns Oscar Chase Paul Chevigny Peggy Cooper Davis Norman Dorsen Rochelle Dreyfuss Harry T. Edwards Samuel Estreicher
Professors Samuel Issacharoff and
Cynthia Estlund traveled to Beijing last summer as part of an American Law Institute (ALI) delegation attending the Sino– U.S. International Conference on Tort Law. Barry Friedman
Professor Oscar Chase was a co-chair of the International Association of Procedural Law conference held in Toronto in June 2009.
Stephen Gillers ’68
Troy McKenzie ’00 Holly Maguigan Arthur Miller Geoffrey Miller
Helen Hershkoff Samuel Issacharoff Sylvia Law ’68 Andreas Lowenfeld
Practice, Practice, Practice First-year students get a pragmatic understanding of practice— and a chance to try their hand at it—in the required yearlong Lawyering course, which takes an innovative and interdisciplinary approach to legal analysis. The course involves a series of exercises in which students analyze legal questions, develop facts, interview and counsel clients, and engage in written and oral advocacy. It gives students insight into how legal principles play out in practice and exposes them to the elements of professional excellence.
Justice Samuel A. Alito Jr., Judge Michael W. McConnell, and Judge Diana Gribbon Motz presided over the 37th annual Orison S. Marden Moot Court Competition on April 7, 2009.
Burt Neuborne Catherine Sharkey
Evidence
Linda Silberman
Evidence and Professional Responsibility
Bryan Stevenson
Centers Brennan Center for Justice Dwight D. Opperman Institute of Judicial Administration
David Golove Martin Guggenheim ’71
procedure
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Helen Hershkoff was my very first professor in the fall of my 1L year. She taught me Civil Procedure. I learned how to think and organize my thoughts from Helen Hershkoff—her ability to structure a legal argument is unsurpassed.
Selected Courses Alternative Dispute Resolution Appellate and Legislative Advocacy Workshop Art of Appellate Decisionmaking Civil Litigation Comparative Civil Procedure Complex Federal Investigations Complex Litigation Conflict of Laws Constitutional Litigation
Federal Courts and the Appellate Process Federal Courts and the Federal System Negotiation Procedure Sentencing State Courts and Appellate Advocacy Seminar Trial Advocacy
Professor Stephen Gillers was selected to serve on the American Bar Association’s Commission on Ethics 20/20, which will review legal ethics rules and regulations across the country in the context of a global legal services marketplace.
Rooting O ut I njusti c e
Margaret Satterthwaite ’99 teaches a new crop of public interest students. Professor Margaret Satterthwaite was a seasoned human rights investigator before beginning her legal education. “I chose law school when I realized I could be a more effective human rights advocate with a law degree,” says Satterthwaite, who is faculty co-director of the Center for Human Rights and Global Justice (CHRGJ). She is also faculty director of the Root-TildenKern Scholarship Program, started in 1951, which gives full tuition to 20 scholars each year for their commitment to public service, academic merit, and leadership potential. As a student, Satterthwaite was a RootTilden-Kern scholar, like some of the most powerful public interest attorneys to date, from Judge Thomas Buergenthal ’60 (J.S.D. ’08) of the International Court of Justice to Margaret Fung ’78, executive director of the Asian American Legal Defense and Education Fund. “Being a Root,” says
Satterthwaite, “made me feel that my choices to prioritize public interest and pursue a challenging career path were validated in a concrete way.” Satterthwaite’s human rights advocacy has indeed become even more effective—and she inspires her students with her passion for it. Those who take her International Human Rights Clinic work with Satterthwaite on confronting violations related to the war on terror and played a role in pushing extraordinary rendition, the practice of sending criminal suspects to other countries for interrogation and imprisonment, under the microscope. Says Satterthwaite, who recently co-edited the book Human Rights Advocacy Stories, about her recent focus: “The United States cannot exempt itself from basic international law prohibiting ‘disappearances.’ We need to make sure the war on terror doesn’t become a war on law.”
The first. The biggest. The best.
Public Interest
Long considered the leader in training lawyers for public interest work, the Law School has pioneered programs that are now pro forma in the nation’s other top law schools. Today, NYU offers the most comprehensive public service infrastructure of any law school in the country.
Burt Neuborne is one of many NYU faculty who practice what they teach.
Neuborne, Inez Milholland Professor of Civil Liberties and legal director of the Brennan Center for Justice, is quick to point out he is not an anomaly, at least not at NYU. “It’s the Norman Dorsen tradition,” he says, referring to his colleague who, like Neuborne years later, was a major player at the ACLU while on the Law School faculty. “I don’t have a traditional academic career,” says Neuborne. “I actually go into court and try to put my ideas into practice.” His teaching, he says, is always enhanced by that work as a lawyer: “I’m a good, strong teacher, but I don’t think I could be anything like the force I can be in the classroom if I were teaching just abstractions or my reading of what other people did. The fact that I actually do this stuff is what gives me confidence.” Mixing activism and academia seems less the exception and more the rule at NYU, as Neuborne counts himself among such professor-practitioners as Anthony Amsterdam, Sylvia Law ’68, Helen Hershkoff, and Dorsen. “When you put these bodies together—people who do public interest work and love it—they exercise a gravitational pull. What’s created is a place where public interest isn’t looked at like a bizarre deviation from the norm,” offers Neuborne, “but what people actually want to do.”
publi c int e r e st
Civil V oi c e
Burt Neuborne is one of the nation’s foremost civil liberties lawyers. He has litigated literally hundreds of watershed cases: He challenged the constitutionality of the Vietnam War, pioneered the flagburning cases, worked on the Pentagon Papers case, worked with Justice Ruth Bader Ginsburg when she headed the American Civil Liberties Union (ACLU) Women’s Rights Project, and anchored the ACLU’s legal program during the Reagan years. More recently, Neuborne has been the principal counsel and negotiator in connection with litigation and international negotiations on behalf of slave laborers victimized by German industry during WWII—all while headquartered at the NYU School of Law and teaching generations of law students.
Common int e r e st
NYU Law boasts a total of 66 student organizations— and almost half of them have a public interest orientation.
FPO
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K e vin B la c k ’ 9 9 , who, since graduation, has worked as a public defender in Seattle; fought against capital punishment in Montgomery, Alabama; represented Washington State’s largest mental institution; and now works for the state legislature, helping to oversee the passage of social services legislation through the appropriate committee in the Senate.
P I LC
Deb Ellis is on a mission to infuse graduates’ careers with public service. What type of work does a public interest lawyer do today? Deb Ellis ’82, the assistant dean for public interest law and director of both the Public Interest Law Center (PILC) and the Root-Tilden-Kern Scholarship Program, says that public interest lawyering is increasingly “multistrategic.” She explains: “Twenty years ago, lawyers could go into federal court with a good lawsuit and think they could accomplish something. Now we know 90 percent of the battle is enforcing a good decision, and it’s not so easy to
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Thanks to the Loan Repayment Assistance Program, I have been able to provide for my family without sacrifice, just by doing work I can be proud of....Thank you for your support of public interest law.
win in federal court anymore. There’s much less reliance on federal courts—and more reliance on state courts, which can independently review their own state constitution—and much more reliance on various other methods of lawyering, such as writing legislation, public education, savvy media work, community organizing, and working in coalition with other groups and faith-based initiatives.” Ellis is someone almost every law student will get to know during his or her tenure at NYU. “My goal is for all graduates to incorporate public service into their careers,” she says. For students pursuing full-time public interest positions—for example, with an international NGO or in federal government—Ellis takes an even more active role. “I could e-mail Deb at 10 at night and say, ‘Could you look at my résumé?’ I’d get back her revisions within a couple hours. That’s very typical at NYU,” comments one 3L. “Typical,” says Ellis with a laugh, “but not encouraged.” Daytime requests are preferred. Students attracted to public interest work will be on a first-name basis not only with Deb, but also with Sara and Eve as well. Sara Rakita ’98 and Eve Stotland, both lawyers with impressive public interest résumés, are associate directors of PILC and stand ready to help guide others’ careers.
On Monday nights throughout the school year, leading attorneys from the public interest world visit NYU to educate students about the cutting-edge issues they work on and to share career advice.
September 14 Robert Abrams Public Service Lecture, “Pursuing Public Service,” Andrew Cuomo, New York State attorney general (right) September 21 “Confronting Injustice,” Professor Bryan Stevenson, executive director, Equal Justice Initiative, Montgomery, AL October 5 “Radical Lawyering,” Rachel Meeropol ’02, Center for Constitutional Rights, New York, NY October 12 “Loving the Work—and Each Other,” Judge Nancy Gertner, U.S. District Court, District of Massachusetts, and John Reinstein, ACLU of Massachusetts
October 26 “Expect the Unexpected: The Musings of a Department of Justice Lawyer,” Gail Johnson, senior trial counsel, Torts Branch, Civil Division, U.S. Department of Justice, Washington, D.C.
November 2 “Grassroots Justice in Sierra Leone: Global Justice Reform with the World Bank,” Vivek Maru, Timap for Justice, Freetown, Sierra Leone November 9 “Unions, Politics, and Public Policy,” Jennifer Cunningham ’91, KnickerbockerSKD, New York, NY November 16 “Children in the Legal System.” Lauren Shapiro ’86, Brooklyn Family Defense Project; Kevin Ryan (LL.M. ’00), Covenant House; Judy Waksberg ’82, Legal Aid Society; and Professor Martin Guggenheim ’71 January 11 “Post-Racial America Aspiration or Actuality: Minority Voting Rights Today,” Debo Adegbile ’94, litigation director, NAACP Legal Defense Fund, New York, NY January 25 “Suing Swamp Dawg and Other Stories of Saving Homes,” Diane Thompson ’94, National Consumer Law Center, Boston, MA
February 1 “I Can’t Make This Stuff Up: Indigent Defense Reform and Political Power in Louisiana,” Derwyn Bunton ’98, Orleans Public Defenders, New Orleans, LA February 22 “Lawyering in Support of Community Organizing,” Oona Chatterjee ’98, Make the Road; Michael Rothenberg ’91, New York Lawyers for the Public Interest; and Amy Sugimori ’99, La Fuente March 8 “The Challenges of Strengthening the Rule of Law in Post-Conflict Contexts,” Kaoru Okuizumi ’95, Department of Peacekeeping Operations, New York, NY March 22 “Scholarship in the Public Interest,” Professors Rachel Barkow and Randy Hertz
What I Did Last Summer The public service culture at NYU is pervasive. More than half of the first-year class spends the summer working in public interest internships— thanks for the most part to
the PILC Summer Funding Program, which guarantees funding for all first- and second-year J.D. candidates who work in public interest and government positions.
Last summer, close to 350 students participated in the program, working all over the world. To sample a collection of first-hand accounts from San Francisco to Sierra Leone, go to Field Notes at blogs.law.nyu.edu/fieldnotes/.
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Leaders in Public Interest Lecture Series
P ostings
Robin Steinberg strives to represent the whole person. As a student in the Women’s Prison Project, Robin Steinberg ’82 found a calling in public defense while representing women incarcerated at the Bedford Hills Correctional Facility in Westchester County, New York. “I was so moved by the women and their stories that I wanted to understand better what was happening in the criminal justice system,” she says. Steinberg later took the Criminal Defense Clinic and is now executive director of the innovative Bronx Defenders, a nonprofit she founded to implement a holistic approach to criminal
defense. Named the 2009 Alumna of the Year by the NYU Law group Law Women, Steinberg also recently spoke about her criminal defense philosophy as part of the Public Interest Law Center’s Leaders in Public Interest lecture series. “I am eternally grateful to NYU, my clinical instructors, and my clients for bringing my law degree to life and giving it meaning,” she said. To watch Steinberg’s speech, go to law.nyu.edu/more.
Public Interest for the record Faculty
Rachel Barkow
29
Lily Batchelder
to choose from.
Amy Adler Philip Alston Anthony Amsterdam Claudia Angelos
There are
clinics
Vicki Been ’83 Derrick Bell Jr.
Cristina Rodríguez
Sarah Burns
Laura Sager
Paulette Caldwell
Margaret Satterthwaite ’99
Paul Chevigny
Stephen Schulhofer
Peggy Cooper Davis
Bryan Stevenson
Norman Dorsen
Richard Stewart
Cynthia Estlund
Kim Taylor-Thompson
Samuel Estreicher
Anthony Thompson
Paula Galowitz
Frank Upham
David Golove
Katrina Wyman
Martin Guggenheim ’71
Kenji Yoshino
Helen Hershkoff Randy Hertz Roderick Hills Jr. James Jacobs Benedict Kingsbury Sylvia Law ’68 Holly Maguigan Deborah Malamud Nancy Morawetz ’81 Smita Narula Burt Neuborne Richard Revesz
Public Interest Environmental Law Practice Race and the Law: U.S. and South Africa Sexuality and the Law Transitional Justice
Postgraduate Fellowships Arthur Helton Global Human Rights Fellowship Equal Justice Initiative Fellowships George A. Katz Fellowship at the Brennan Center for Justice Kirkland & Ellis Fellowship International Court of Justice Clerkships NYU/NYPD Graduate Fellowship NYU School of Law Fellowship at Human Rights Watch NYU Tax Policy Fellowship
Selected Courses Capital Punishment Law and Litigation Case Studies in Transitional Justice Death Penalty: Social and Historical Perspectives International Human Rights Police, Law and Society: Issues in Democratic Policing
Outten & Golden Employment Law Fellowship Robert L. Bernstein Fellowship in International Human Rights Sinsheimer Fellowship at the Partnership for Children’s Rights
Scholarships Arthur Garfield Hays Civil Liberties Program
Joint Degree Programs with a Public Interest focus: J.D./M.P.A.*, J.D./ M.U.P., or J.D./Ph.D. with NYU’s Robert F. Wagner Graduate School of Public Service J.D./M.P.P. with Harvard’s John F. Kennedy School of Government J.D./M.S.W. with NYU’s Silver School of Social Work J.D./M.A. or J.D./Ph.D. in economics, history, philosophy, politics, or sociology at NYU’s Graduate School of Arts and Science *Also: J.D./M.P.A. with Princeton’s Woodrow Wilson School of Public and International Affairs or Harvard’s John F. Kennedy School of Government Bickel & Brewer Latino Institute for Human Rights Scholarship Black, Latino, Asian Pacific American (BLAPA) Law Alumni Association Public Service Scholarship Reynolds Graduate Fellowship in Social Entrepreneurship Root-Tilden-Kern Scholarship Program
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D e f e nsiv e Coo r d inato r
Ta x ing Effo r ts
It’s always tax time for Lily Batchelder. Professor Lily Batchelder once believed that studying tax was all about memorizing rules and forms: “It wasn’t until I opened my first tax book and saw exactly what it was as an area of study—thinking about how tax burdens and benefits should be distributed across taxpayers and how people might game the system— that I was totally in love.” In 2005, Batchelder traded in a corporate tax practice to join NYU School of Law, where she teaches Income Taxation, Corporate Tax, and the Tax and Social Policy Seminar. “I try to teach students how to read the statutes and regulations carefully and how to think about
structuring transactions to achieve better tax results,” says Batchelder, who has testified before Congress three times in the past three years. “At the same time, we consider what good tax policy is, what economic analysis of tax policies can teach us about their effects, and what some of the dilemmas and tensions are in tax policy-making. I think students are often surprised by how interesting tax is as a subject. If you’re interested in eradicating poverty and inequality, then you need to know how to deal with the tax system. Social policy is increasingly done through the tax code.”
“Tax mirrors or
shadows every economic behavior, so no matter what you’re interested in, there’s usually a tax angle.” N o ë l Cunningham ( L L . M . ’ 7 5 ) , Professor of Law
Tax
ta x
The Graduate Tax Program is the oldest and best of its kind in the nation, with
more than 40 faculty consisting of a diverse group of full-time, adjunct, and Global Visiting Professors teaching
50 courses on tax law .
c apitol gain
As special assistant to the director of the Office of Management and Budget, David Kamin ’09 helps decide if the price is right.
David Kamin ’09 landed a dream job right out of the Law School: special assistant to Peter Orszag, director of the Office of Management and Budget (OMB). Kamin, who was a Furman Scholar with a full-tuition merit scholarship and an articles editor of the New York University Law Review, thinks his Law School education has been key to his success.“The Office of Management and Budget oversees policies with important economic and legal ramifications,” says Kamin, “and my NYU Law education has prepared me well to engage with both the lawyers and economists at OMB.”
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P r obing P oli c i e s
Daniel Shaviro’s Tax Policy Colloquium takes on the issues of the day.
“Democracy is the byproduct of tax policy. When the ancient Athenians figured out that there is no wealth without Athens, without its rules, without its courts, without its protections—and therefore the greater the wealth you are able to achieve, the greater the share you are morally obligated to give back to Athens so that it will endure and others in the future will have the same opportunities you have had— then they invented democracy.” P r of e sso r Davi d Cay J ohnston , Syracuse University College of Law, delivering NYU Law’s 14th annual David R. Tillinghast Lecture on International Taxation, “Faux Firms and Fairness: Taxing Capital, Trade, and Production in a Global Economy” To listen to this lecture, go to law.nyu.edu/more.
“The Tax Policy Colloquium is unique,” says Daniel Shaviro, Wayne Perry Professor of Taxation. “It’s a public forum for academics and an educational experience for students. It’s different every year, and we don’t always know what’s going to happen, but we all end up learning something new.” Under the leadership of Shaviro and economists such as Professors Alan Auerbach of the University of California, Berkeley and Mihir Desai of Harvard Business School, students and faculty examine a paper or work in progress each week. Topics have included cross-border tax arbitrage, the long-term federal budget picture, how to achieve feminist objectives through the tax code, and underlying norms such as utilitarianism and horizontal equity. Some students have been sufficiently galvanized by the experience to sign on with the Joint Committee on Taxation, the nonpartisan expert tax law staff of the U.S. Congress,
after graduation. One of them is David Lenter (LL.M. ’04), a recipient of the M. Carr Ferguson Fellowship in Tax Law. “Dan is a brilliant thinker,” says Lenter, who currently serves as legislation counsel. “His work is both original and analytically rigorous. He has shaped my approach to tax policy issues—and he is unfailingly kind and reliably witty.” Though the colloquium and his course on income taxation are optional, Shaviro, the author of Decoding the U.S. Corporate Tax; Making Sense of Social Security Reform; Taxes, Spending, and the U.S. Government’s March Toward Bankruptcy; and Who Should Pay for Medicare?, considers them essential. “Tax,” he says, “is about one of the most fundamental questions in our society—who should pay and who should get.”
P r of e sso r M itc h e ll Kan e
Tax
ta x
The energy of the “place is incredible. There’s something about NYU; I always feel like there are 30 things going on that I want to be doing. That kind of richness of faculty dialogue is very appealing.”
for the record Tax Law Review is the leading law school journal for tax policy scholarship. Four times a year, the TLR publishes articles and essays by legal academics, practitioners, and economists.
Full-Time Faculty Lily Batchelder Brookes Billman (LL.M. ’75) Noël Cunningham (LL.M. ’75)
Selected Courses Advanced Partnership Taxation
International Estate Planning
Bankruptcy Tax
International Tax I, II, III
Civil Tax Controversies and Litigation
International Tax Policy
Corporate Tax I, II
Multistate Taxation in the New Millennium I, II
Estate and Gift Taxation
Partnership Taxation I, II
Estate Planning
Structure and Finance of Corporate Transactions
The Foreign Tax Credit Generation-Skipping Transfer Tax Income Taxation Income Taxation of Trusts and Estates I, II
Harvey Dale James Eustice (LL.M. ’58) Mitchell Kane Laurie Malman ’71 Jill Manny H. David Rosenbloom Alexander Rust (LL.M. ’76) Deborah Schenk (LL.M. ’76) Leo Schmolka (LL.M. ’70) Daniel Shaviro John Steines Jr. (LL.M. ’78)
The Law School has a tax policy internship program with the U.S. Treasury’s Office of Tax Policy and the staff of the Joint Committee on Taxation.
National Center on Philanthropy and the Law The National Center on Philanthropy and the Law (NCPL), founded and directed by University Professor of Philanthropy and the Law Harvey Dale, explores a broad range of legal issues affecting the nation’s nonprofit sector and provides an integrated examination of the legal doctrines related to the activities of charitable organizations.
Survey of International Tax Survey of Tax Procedure Tax Aspects of Charitable Giving Taxation of Affiliated Corporations Taxation of Business Conduits Taxation of Executive Compensation Taxation of Financial Instruments
Tax Policy Colloquium Tax Policy: Comparative Tax Policy: European Union
Degree Programs J.D./LL.M. Program This intensive program enables a J.D. candidate to also earn an LL.M. in Taxation in as few as seven semesters of full-time study. The LL.M. Program Students can pursue an LL.M. in Taxation by completing the full-time program in one academic year, or by finishing the part-time program in three to five years while working as a law firm associate. An Executive LL.M. in Taxation is also offered. Going Global The International Taxation Program provides foreign attorneys the opportunity to study international taxation in a global context.
Taxation of International Business Transactions Taxation of Mergers and Acquisitions Taxation of Private Equity Transactions Taxation of Property Transactions I, II Tax-Exempt Organizations Tax Penalties and Prosecutions Tax Policy
Tax Clinic Students work with the tax department at Dewey & LeBoeuf to represent lowincome taxpayers in cases before the U.S. Tax Court and in various administrative proceedings before the Internal Revenue Service.
Whatever area you study, you’ll find that the NYU Law community offers the support needed to launch the career you want. From the Office of Career Services to the Public Interest Law Center to the Judicial Clerkship Office to the Academic Careers Program, the Law School has the most extensive advising and recruiting program in the country. (For a complete list of services, visit law.nyu.edu/careerservices.)
In these tough economic times, NYU School of Law is keeping its financial aid promises.
The Law School has long devoted a substantial chunk of its resources to scholarship programs, institutional grants, and our vaunted Loan Repayment Assistance Program (LRAP), which assists our graduates who choose public service careers by easing their debt burden—and despite the current downturn, this support is unwavering. In addition to a long and varied list of full-tuition scholarships, such as the AnBryce Scholarship, the Furman Academic Scholars Program, and the flagship Root-Tilden-Kern Program, the Law School awards a significant number of Dean’s scholarships, in amounts up to full tuition, on the basis of need, academic merit, or a combination of both. (For our easy online financial aid application, visit law.nyu.edu/financialaid.)
2009 AnBryce Scholars (from back): Krenice Roseman, Joe Hurtado, Toby Lewis, Christopher Filburn, Jason Banks, Kristina Alexander, Jennifer Swayne, Hyun Kim, and Lerin Kol were hooded by Anthony Welters ’77, chairman of the Law School’s Board of Trustees, and Beatrice Welters, founders of the program.
There is no better way to sample all that NYU Law has to offer than to attend our Admitted Students Days. Tour the campus, sit in on classes, find out more about academic programs, mingle with alumni and current students, and get to know our powerhouse faculty on March 4 and 5, March 25 and 26, or April 8 and 9.
Contact Information Admissions (212) 998-6060 law.nyu.edu/admissions/ jdadmissions law.moreinfo@nyu.edu Career Services (212) 998-6090 law.nyu.edu/ careerservices law.careers@nyu.edu (Private Sector, Judicial Clerkships) Office of Graduate Student Life (Child-Care Referral Service) (212) 998-4937 nyu.edu/src/grad.life gradchildcare@nyu.edu Directions to New York University (212) 995-4989 nyu.edu/travel.nyu nyu.edu/maps.nyu Student Financial Services (212) 998-6050 law.nyu.edu/financialaid law.finaid@nyu.edu General Information, New York University (212) 998-4636 nyu.edu/about
Health Insurance Services, University (212) 443-1020 nyu.edu/shc/about/ insurance.html health.insurance@ nyu.edu Information and Technology Computer Services Laptop Support (212) 992-8183 law.nyu.edu/technology/ laptops laptops@exchange. law.nyu.edu Moses Center for Students with Disabilities, University (212) 998-4980 nyu.edu/csd Office of International Students and Scholars, University (212) 998-4720 nyu.edu/oiss intl.students.scholars@ nyu.edu Public Interest Law Center (212) 998-6686 law.nyu.edu/ publicinterestlawcenter pilc.info@nyu.edu (Public Sector Career Services, Root-TildenKern, and Filomen M. D’Agostino Scholarships)
Residence Services (212) 998-6510 law.nyu.edu/housing law.reslife@nyu.edu
April 15 Deadline for completing the Institutional Financial Aid Application.
Student Affairs (212) 998-6658 law.nyu.edu/students/ studentaffairs law.studentaffairs@ nyu.edu
June The loan application process begins. To apply for federal student loans, you must complete a 2010-11 FAFSA. Entering students should complete federal loan Master Promissory Notes. Entering and returning students should begin researching and completing their private loan applications.
Student Journals law.nyu.edu/journals Student Organizations law.nyu.edu/students/ studentorganizations
Financial Aid Dates to Remember January 1 FAFSA is available at fafsa.ed.gov. Mid- to Late February The NYU Law Institutional Financial Aid Application is available online at the Admitted Students and Student Financial Services Web sites. April 1 Priority deadline for completing the FAFSA.
June 11 All recipients of institutional aid must submit federal income tax forms with applicable schedules and W-2s to the Law School’s Office of Student Financial Services. Awards are updated upon receipt of tax returns and tuition deposits. July 31 The 2010-11 loan applications are due.