Summer 1999 – Issue 55 - Stanford Lawyer - Stanford University

Summer 1999

~tanfor~law ~c~ool[xecutive [~ucationProgramsSince 1993 the ExecutiveEducation Programsat Stanford Law Schoolhave provided a national forum for leaders inthe business and legal communities to sharetheir expertise. Our law and business facultywill challenge and inspire you. We invite youto Jam us.': .. This was the most beneficial course I'veattended in my career. "Directors' College '99 ParricipantMark Segura, CLECO Corporation'Informal discussion and associating with otherparticipants is very valuable-just bringing thisgroup together is worthwhile. "General Counsel '98 ParricipantContact us:Executive EducationPhone: (650) 723-5905Fax: (650) 72P861Visit us at our website: http://lawschool.stanford.edu/execed

ISSUE55 / SUMMER 1999FEATURLS18PAUL BREST'S FOOTSTEPSA confluence of events 12 years ago fated Paul Brest'sdeanship to a troubled infancy. But Brest's relentlessquest for improvement-his own and the Law School's-ensuredthat those baby steps would become historic strides.26THE STORY OF A SENTENCEDoes this guy deserve three years in jail? Yes, says anassistant U.s. attorney, who does his best to stringtogether a sentence that makes sense.3Sullivan's appointment as Dean makes a splashGunther, Babcock add to their honorsTwo faculty earn tenureAntitrust legend William Baxter diesA new book on "don't ask, don't tell"12DAUGHTER OF A SOLDIERWith the poise of a veteranand the confidence of herconvictions, 33-year-old CherylMills defended the Presidency,woke up the Senate, and wowedWashington.D--Lf_AJLL&LLNlSFrom the Dean-tOProfessors in Print-24Law Gatherings-28Classmates-33In Memoriam-66Cover Pboto".Y SlfJ(f1l Rubin, TAN F 0 1\ I) L A \'II V F 1\ 0

Do you have an address, telephone number, or e-mail address for any ofthe following Stanford Law alumni (Classes of 1960 to 1985)? Ifso,please contact the Law School's Alumni Relations Office at CrownQuadrangle, 559 Nathan Abbott Way, Stanford, CA 94305-8610;telephone 650/723-2730; fax 650/725-9786;email: law.alumni.relations@forsythe.stanford.edu.With your help, these grads will once again receive StanfordLawyer magazine, as well as invitations to Law School events, and LawSociety lectures and receptions.1960: John Drummond Begg, JohnJones Greene II, RobertJohn Neale, Dale Benton Sherrill;1961: Herman Leonard Desilva, Douglass E. Hubert, George E.Jarvis, Howard C. Richards,William Sarantopoulos, Kenneth Senevirame, Mahadeo Tathavadkar; 1962: George Ronald 1.Beavin, A. M. Coomaraswamy, James Bernard Durkin, Moton B. Holt, Jr., Sasanka Sekhar Kar,Bruce M. Listerman, Laurence S. Marks, Donald Walkins Polm, William T. Waller, Jr., Eric G.Wilhelmson; 1963: Ranjit Abeysuriya, Sheldon C. Berndtson, Sandra P. Burns, Pershawri LalGupta, David B. Lippman, William Herbert Orr, John Baker Parslow, Brahakmanage Perera; 1964:Korimilli Gupteswar, HarryJoseph Kreamer, David Gray Taylor, Vasant Vinayak Vaze; 1965:Bawan Das Agrawal, Robert E. Castro, James Marshall Glass, RobertJames Graham, MichaelNeuman Ohara, George A. Papaconstantinou, Prem H. Ramchandani, Adavikolanu S. Rao, PhyllisDixie Wilcken; 1966: Samuel Richards Baker, Michael Joseph Conklin, Kathleen Mary Day,Richard Lee Grant, Duane S. Kennedy, Jr., Paolo Emilio Scaparone, Rajinder Lal Segel, Deann D.Smith, Sydney G. Willson III; 1967: Louis Carl Dineff, John Thayer Hill, Lawrence Alan Levy,John Daniel Lyons,Jr., Stephen Paul Mezger; 1968: Barbara Lee Dudley, Kris Hoffman, StanWilliam Jorgensen, Gordon Lewis Scott, Suzanne R. Scott; 1969: Robert Elmer Dean, Jr., HermanH. Higgins, Jr., Dan Ray Kiely, Allen Hugo Koranda, Michael Charles Litt, Leroy Lee Miller,Melvin Raymond Steiner; 1970: William Edward Eads, James Carl Falconer, William AnthonyGauvin,John C. Perrin,James Pumam Rowles, Raymond Lawrence Sarna, Douglas Richard Slain;1971: P. Micheal Anderson, Douglas Martin Crow, Stephen Howard Free, Sionag M. Henner,Calvin PatrickJohnson, Andis Kaulins, Robert Wayne Pike, Sheila Ann Wharton, Michael WayneYoung; 1972: Robert L. Anchondo, James Michael Hatch, Stephen John Heiser, Michael HarveyMartin, James Mitchell Pearce, Hilario Rubio, Theodore J. Schneyer, Charles H. T. Springer,Richard Waller Stone, Cary Glenn Wilson; 1973: Eugene B. Kidd, Jr.; 1974: Brian DanielBellardo, William Louis Dawson, William M. M. Muhammad, Booker T. Wade, Jr.; 1975: VictoriaSainz Diaz, Francois E. Maurice; 1976: William Harold Dowdy, Stephanie Diane Hill, Richard].Lacouture, RobertJames Ogilvie, Patti Ruth Page, James Pumam Rowles, RobertJohn Salazar,David Martin Thompson, Panait A. Zaragozza; 1977: Stanley David Andrews, David LawrenceGold, Lela Mae Harris; 1978: Richard D. Christy, Jr., Michael James Maloney, Mark StevenPerwien, Catherine Roberson, Philip Jay Sonenschein; 1979: James John Boczar, Clifford RobinBrown, Craig Alan Nelson, Donald George Norris, Nancy Nicholson Potter, Carol Elaine Roehl,Samuel Leroy Torres, Jack Chuk Lun Young; 1980: Carlos M. Chavez, Ralph Maltes, Jr., RobertJoseph Mazique, Albert Sylvia III; 1981: Carol S. Etherington, Lawrence]. Harding, Amy J. Hyatt,Laura Victoria Kerl, Michael Nava, Linda Marie Robinson, Marie Sansone; 1982: Bruce WayneAnderson, Michelle Rae Antonio, Roosevelt M. Cox, Jr., Lewis Daniel Kendall, Brian M.Monkarsh, Henry Elloyd Snelling; 1983: Thomas Martin Hagler, Robert Marvin Jarrell, CarlyleW. Kinnison, David Guy Mann, Ben M. Sifuentes, Jr.; 1984: Mohamed Yusuf Cassim, Marilyn F.Drees, Jonathan D. Greenberg, William M. Jenkins III, M. C. Jensen-Kendrick, Lowell D.Pearson, Stephen Jeffrey Riegel, Amy Jeanne Rifenbergh, Brandon Solana, Mark Frederick Stone,Kathleen Anne Thomas, Mary Ellen Warner, Joseph Eugene Yount; 1985: Shane William Alseth,William Berwick Dawson, Charles Elam Gibson, Doron David Goldman, Jersey Haracz, Barbara].Olshansky, Andrew Kenneth Powell, Miriam Stein.EDITDRKevin Cooljkcool@law.sunford.edoCOMMUNICATIONS DIRECTORAnn Dethlefsenan nd@leland.stanford.eduART DIRECTOR/DESIGNERAmparo del Rioamparo@ix.netcom.comNEWS BRIEFS DESIGNERMimi FujiiCONTRIBUTING EDITORSDeborah FifeConstance HellyerNina NowakErika WayneCLASS CORRESPONDENTS57 estimable alumniEDITORIAL INTERNSMichael Finney (AB '00)Gloria Huang (AB '01)PRODUCTION ASSOCIATESJoanna McCleanLinda \\'ilsonStanford Lawyer (ISSN 0585-0576)is published for alumni and friendsof Stanford Law School. Correspondenceand information should be sent toEditor, Stanford Lawyer,Stanford Law School,Crown

SLIMMR999Dawning of a New Dean'Palpable excitement' follows Sullivan's appointmentWhen Kathleen Sullivan was namedDean-designate three months ago thenews generated a media flurry typicallyreserved for the changing of the guardat a major corporation. The New York Times and"If she wereWall Streetlournal both ran lO-inch articles. The LosAngeles Times, in a piece titled "The New Sage ofa priest, sheStanford," reviewed Sullivan's ascendancy andreferred to her as "a star." As if to underscore thatwould make a characterization, celebrity photographer AnnieLeibovitz, unsolicited, traveled to Stanford to meetperfect pope." and shoot Sullivan.All ofthis attention must signify something.-Harmrd Law SchoolColleagues, friends, and Law School faculty saySullivan's selection is newsworthy because of its historicalprecedent-she is the first woman dean atProfessor LaurenceTribe reacting to any Stanford professional school and the first femaleto head a law school at Yale, Harvard, or Stanford;Kathleen Sullivan'sbecause her credentials are impeccable-she isappointment as dean widely regarded as one of the nation's sharpest legalminds, a constitutional law scholar virtually withoutof Stanford Lawpeer; and because her combination of intellectualSchool, in the San Jose firepower and personal charisma create a palpableMercury News excitement both inside and outside the Law School.Expectations are high that Sullivan possesses thequalities to move not just Stanford Law School butthe entire legal community to higher ground."Kathleen is a phenomenally articulatespokesperson for the Law School," said outgoingDean Paul Brest. "She hasOutgoing Dean Paul Brest will a natural ability to let theworld know about itsbecome president of the Williamachievements. And sheand Flora Hewlett Foundation has a vision for the Schoolnext year, following a one-semestersabbatical at the NYU Schoolthat connects it very closelywith the profession."Sullivan's appointmentof Law. See the Brest retrospectivebeginning on page 18.ofLaw and Dean at age 43CIS Richard E. Lang Professorfollows other accomplishmentsat an early age: she began teaching law atHarvard at 29; earned tenure at Harvard at 33; wasfirst mentioned in national legal publications as apotential future Supreme Court nominee at 36; andwas appointed the first Stanley Morrison Professorof Law at Stanford at 41."She is the most brilliant analyst and best teacherin the field," said Professor Emeritus Gerald Gunther.Gunther should know, since he literally wrotethe book-Constitutional Law, the leading casebookin the field for a generation. Sullivan, who had thebook as a text when she was a law student, is thecoauthor ofthe 13th and most recent edition, andwill edit future editions.Speaking to the Board ofVisitors this spring,Sullivan said her job is to nurture initiatives begunby Brest, and to sustain the momentum created bythe School's capital campaign. Beyond that, shesaid, she will work toward making the Law Schoolthe "best that it can be," both as a source of legaleducation and a center for legal scholarship.Sullivan, who has said that "teaching has alwaysbeen at the absolute center" ofher career, plans tocontinue teaching constitutional law.Q For a complete bibliography of print media coverage ofSullivan's appointment. see the website at http://lawschool.stanford.edu/newdean.shtml.

Another Year,Another AwardGerald Gunther will need more mantle spaceAjding to an alreadylengthy list of honors,Professor GeraldGunther earlierthis year received the 12thTriennial Book Award of theOrder of the Coif, the nation'shighest accolade for scholarlywork in law.Gunther, William NelsonCromwell Professor of Law,Emeritus, was recognized forhis book, Learned Hand: TheMan and the Judge, in whichhe examined the life and workof the influential federalappeals court judge. In 1995,Gunther won the Erwin N.Griswold Triennial Prize ofthe United States SupremeCourt Historical Society forthe Hand biography.Gunther served as a clerkto Hand when the judgepresided at the U.S. Courtof Appeals for the SecondCircuit; oon after he clerkedfor ChiefJustice Earl Warrenat the U.S. Supreme Court.Widely considered one ofthe preeminent constitutionallaw scholars of the centuryand the author ofdozens ofscholarly articles and numerouslegal volumes, includingthe most widely used constitutionallaw casebook in theUnited States (now coauthoredwith Kathleen Sullivan),Gunther joined the Stanfordfaculty in 1962. He hasreceived many national honors,including the LearnedHand Medal for Excellencein Federal Jurisprudence, theRichard J. Maloney Prize forDistinguished Contributionsto Legal Education, andthe Bernard Witkin Medalfrom the California StateBar Association.The Order of the Coif,which sponsors the TriennialAward, is the national scholastichonor society for law. Apanel of distinguished judgesand legal educators chaired byDean Michael Hoeflich of theUniversity ofKansas choseGunther to receive the award,which is granted every threeyears in recognition of the"authorship of a written workevidencing creative legal talentof the highest order."This is the fourth time aStanford law professor haswon the Triennial Awardsince it was established in1964. The late ProfessorHerbert L. Packer won it in1970 for his book, The Limitsof the Criminal Sanction; ProfessorLawrence M. Friedmanreceived the award in 1976for his books, A History ofAmerican Law and The LegalSystem: A Social Science Perspective;and then-Dean JohnHart Ely won it in 1983 for hisbook, Democracy and Distrust:A Theory ofJudicial Review.Legacy of an Antitrust LegendEmeritus Professor William Baxter dies at age 69William Baxter, emeritus professor of law at Stant~)rJLaw School and architect of the break-up of AT&T inthe early 1980s, died November 27 in Los Altos, Calif.He was 69 years old.Best known as antitrust chief in the U.S. Department ofJusticeunder the Reagan administration, Baxter settled the seven-year caseagainst AT&T, resulting in the reorganization of the telephone industryin the United State. As assistant attorney general, he also dismisseda long-running antitrust case against IBM and restructured thefederal merger guidelines for corporations.These three achievements he considered the most significantaccomplishments of his tenure at the Justice Department, and theyestablished him as an intellectual force in the field of antitrust law forthe remainder of his life."Bill Baxter's contributions to and influence on antitrust law areunparalleled," said Dean Paul Bre t. "In numerous roles-as professor,assistant attorney general, consultant, commentator, and mentor-hehas been a model of intellectual probity and conviction. His colleaguesand students will miss him deeply."At a tribute to Baxter in 1993, the Hon. Vaughn R. Walker of theUnited States District Court, Northern District of California, said:"When Bill Baxter went to Washington, the silly season in antitrustcame to an end. This field of law has not been, and will never againFor All She's DoneBarbara Babcock wins Brent AwardG'sten closely, and you probablycan hear Stanford Law alumnaeclapping.Professor Barbara Babcock,whose teaching, advice,and moral support has buoyedtwo generations ofstudents, haswon the American Bar Association'sprestigious Margaret BrentWomen Lawyers of AchievementAward. Considered one ofthe nation's highest honors forwomen lawyers, the award recognizesprofe sional excellence andcontributions that have advancedopportunities for women inthe law.Babcock,theJudgeJohnCrown Professor of Law, wasStanford Law School's firsttenure-track female facultymember. She has been a leadingadvocate for women in the fieldsince joining the Stanford facul-ty in 1972. Her early efforts toincrease the Law School's genderbalance are credited withproducing a faculty with a highpercentage of female membersand informing the legal communityabout sex discrimination.Babcock was the first femaledirector of the Public DefenderService for the District ofColumbia and headed the civildivision of the Department ofJustice during the Carter Administration.She is the only SLSfaculty member to win the JohnBingham Hurlbut Award forExcellence in Teaching threetimes, and she coauthoredSex Discrimination and the Law,considered the classic text onthe subject.Her advocacy on behalf ofwomen lawyers and judges isnationally known. American

e, the same. Relapses into goofiness can now be judged against the He later became a consultant to Citibank, where he particiintellectualrigor and integrity of the Baxter era, which exposed much pated in a study with fellow Stanford law professor Kenneth E.antitrust law as empty and politically motivated by hot air."Scott and the late Paul H. Coomer, then a professor at Stanford'sA longtime member of the Stanford community, Baxter received Graduate School of Business, on the emerging phenomenon ofan A.B. in economics from Stanford University in 1951 and a JD. in credit cards and related economic and regulatory issues. The1956 from Stanford Law School, where he was comment editor of the study project resulted in a prescient book, Retail Banking in theStanford Law Review.Electronic Age: The Law and Economics ofAfter graduation, Baxter was an assistant pro- Electronic Funds Transfer, published in 1977.fessor at Stanford Law School for two years beforeAfter leaving his post at the Justice Departjoiningthe law firm of Covington & Burling inment in 1983, Baxter return d to teach antitrustWa hington, D.C. He returned to the Stanford Lawlaw at Stanford and also became of counsel to thefaculty in 1960 and was named Wm. BenjaminNew York law firm of Shearman and Sterling. InScott and Luna M. Scott Professor of Law in 1976.1994, Baxter served as counsel of record and aDuring his long tenure at Stanford, Baxter, asmember of the trial team that successfully defendaresult of what he termed "much professional rest-ed American Airlines against predatory pricinglessn ss," served as a visiting professor at Yalecharges by Northwest and Continental Airlines.University School of Law and as a fellow at theIn the fall of 1996, Baxter was co-recipient ofCenter for Advanced Study in the Behavioralthe John Sherman Award, presented by the JusticeSciences at Stanford. His interest in fields ofknow1-Department and given only one time previously.edge beyond the law-mathematics, economics, WILLIAM BAXTER. '929-'998 Baxter enjoyed music, bridge, golf, fly fishing,computers, and technology-is reflect d in his wide-ranging writings and spending time with family and friends. He is survived by hisand consulting.wife, Carol Cairns Baxter, and her son, B mard Treanor; hisIn the 1960s, Baxter was a consultant to the FAA regarding the children by a previous marriage to Barbara Metzger Baxter:economic costs of airport noise. He was also a member of presiden- William F. Baxter III, Marcia Baxter Bearman, and Stuart C.tial task forces on antitrust policy (Johnson administration) and on Baxter; his grandchildren, Robby Bearman, Katie Bearman, andtelecommunications policy (Nixon administration), which he said Sky Baxter; and his siblings, Donald J. Baxter and Janice Adams."marked the beginning of a long continuing interest in telecommu- CD For more on Baxter. see the Class of '56 notes, page 38, and the May 1999nications technology and regulation."Baxter tribute issue of Stanford Law Review.Lawyer magazine, which profiledBabcock in its Marchissue, noted that in addition toher outstanding record ofteaching and public service, shehas been a mentor to some ofthe leading legal minds of thepast 25 years. Among those shehas helped was Supreme CourtJustice Ruth Bader Ginsburg,who credits Babcock for assist-ing her appointment tothe circuit court inWashington, D.C.,earlier in her career.The Margaret BrentAward was establishedin 1991 by the ABA'sCommission on Womenin the Profession to recognizeand celebratethe accomplishments ofwomen lawyers. Theaward honors outstandingwomen lawyersthroughout the countrywho have achievedprofessional excellencewithin their area of specialty,and who have activelypaved the way to successfor other women lawyers.The award is named forthe first woman lawyer inAmerica, who arrived inthe colonies in 1638 andwas involved in 124 courtcases over the course ofeight years.Ford, Fisher Earn Tenure~'chard Ford, a specialist in local govern- ~ment, and George Fisher, a former prose- ;cutor specializing in criminal law, have ~been awarded tenure, and promotedto full professors of law.Ford received his law degree from Harvardin 1991. A former member of the San FranciscoHousing Authority, he served as a housingconsultant for the City of Cambridge,Mass., for two years and later worked atGEORGE FISHERMorrison & Foerster in San Francisco. He was a Reginald LewisFellow at Harvard in 1993 and joined the Stanford faculty in1994. Ford's research examines the history and contemporaryimportance of legal territories, the devolution of political power,and multiple levels of government. He teaches property law, localgovernment, and housing law.Fisher, who clerked for Judge Stephen Breyer prior to thejudge's appointment to the Supreme Court, is a nationalauthority on criminal procedure. He worked for five years asa prosecutor, first as assistant district attorney for MiddlesexCounty, Mass., and then as assistant attorney general inMassachusetts. He taught at Northeastern University andBoston College before joining the Stanford faculty in 1995.Fisher's research explores the history of juries and thelegitimacy and applicability of expert witnesses.RICHARD FORD

The Army-Navy GameHalley's book says servicemembers suffer under anti-gay policyWhen the subject is sex- ~slippery slope with respect to how andual identity politics, one;under what circumstances the militaryseldom hears the refrain: ~might consider a person as "manifestinga propensity," says Halley. One of"It was better in the old :days." But in her new book Don't: A ~the byproducts of this "maybe you are,Reader's Guide to the Military's Anti-gay >maybe you aren't" set ofstandards is aPolicy, Janet Halley maintains that theclimate offear and mistrust. HalleyClinton Administration's heraldedsays the fear and mistrust are justified,"don't ask, don't tell" measure is morewhen everything a suspected homoanti-gaythan its predecessor.JANET HALLEY sexual does can be designated "homosexualHalley, Professor of Law and Robert E.conduct," and every person can comeParadise Faculty Scholar, says the promoters of under suspicion. For this reason, and others,the new policy have hoodwinked the public into Halley says, claims that the policy focuses onbelieving that gays and lesbians are being treated conduct rather than status are spurious. As awith more leniency. If they "don't tell," the militarypractical matter, the policy's vague language and"won't ask," and servicemembers will be dis­versatile applicability make the lines betweencharged only if they engage in homosexual conduct.what is status and what is conduct virtuallyThe policy, in short, supposedly separates indistinguishable. "It allows the military to hidehomosexuals "not for who they are, but for what the ball" while still going after gays and lesbians,they do." According to Halley, this is precisely she said. "It's just a bad faith policy all around,where the new policy is more insidious than its and we shouldn't have bad faith policies."predecessor. Congress required the discharge of The aggressiveness of the policy's enforcementservicemembers who have engaged in contactsvaries broadly, usually depending on thethat manifest a propensity to engage in homosexualmindset of a unit's commanding officer, accord­acts; Department of Defense regulations ing to Halley. "If your CO wants to be noticedexpand that to conduct that manifests a propensity.by people in the Pentagon, enforcing this policyServicemembers may be subject to suspicion will get their attention," she said.on the basis of what type of music they listen to, Halley would like Supreme Court justices,or the way they wear their hair. "This varies from appellate judges, and military policy analysts,unit to unit," Halley said. One former servicememberin particular, to read herinformed her that, in her unit, "Peoplebook, but she wrote it for a general,began to think that a woman with short hair,educated reader who wouldwearing a watch with a thick, black band,like to know more about the policy.has manifested a propensity!" Under theBoth the book and a new webregulations, moreover, the commander'ssite devoted to the policy and itsdecision about what conduct manifests aimplications were created to focuspropensity cannot be challenged: "Peopleattention on a subject the media seemsare sitting around wondering what signifiesto have forgotten about, she says.what. The new policy makes a paranoid semioticianThanks to the persistent efforts ofout of every person in uniform," Halley said. Assistant Library Director Paul Lomio andAccording to Halley, the best way to avoid library staff to locate and procure the documents,"detection" is to act vociferously anti-gay. "Thethe site~nt.stanford.edu-featurescasepolicy will be a one-way ratchet ever tightening histories, legalbriefs, military regulations andthe screw of homophobia," she writes.bibliographies. It is not, Halley insists, a chat"If you can be homophobic in just the right room for people upset about the policy.way, you win," Halley said. "This policy says that "Big witch hunts are happening right now inhomosexual sex is bad, and if you show tendenciesthe military," Halley said, "and nobody seems tothat indicate you might engage in that kind be paying any mind. I hope this book will inter­ofsex then you're bad, too; so naturally the best rupt the complacency that's out there aboutway to combat that perception is to be as overthe-topdon't ask, don't tell. The book, and the website,as possible about your straightness." are built on the premise that sunlight is the bestThe policy places all servicemembers on a disinfectant."MonkeyBusiness2L Greene's cultural acumenThere is a scene in thefilm Planet of the Apeswhen Charlton Heston-who portrays anastronaut stranded on the apeplanet after his spaceship crashes-writhesin an animal netthrown over him by a pursuingband of ape soldiers. As the apesmove in to capture him, Hestonglares at the camera and growls,"Take your hands off me, youdamned, dirty ape." And thecrowd goes wild.When Eric Greene ('00)watched that scene, and manyothers, in the five films that comprisethe Apes series, he could nothelp wondering whether somedeeper meaning was imbedded inthe provocative vision of a whiteman struggling to free himselffrom the domination of a supposedlylower species. His musingwas the genesis of a book, Planetof the Apes as American Myth(Wesleyan University Press), thatreaders and critics have hailed asan instant classic in popular cultureanalysis.The book's progenitor wasGreene's SO-page research paperfor a Ford Foundation fellowshiphe completed prior to enteringStanford. His fellowship adviser,Wesleyan Prof. Richard Slotkin,encouraged Greene to expand onhis ideas about the movies' politicalimplications. As he exploredthe movie series in greater detail,Greene says, the political andsocial messages became clearer,and their relationship to eventsin the late '60s and early '70swas unmistakable. "There's thisrefrain, a very self-consciouspattern that followed the racialconflicts of the civil rights era,"Greene said. "I thought, 'Thiscan't be coincidence.'"

Interviews with the movies' David Browne wrote, "Greeneproducers confirmed Greene's makes an utterly plausible case ...contention that the Apes series you'll be scratching your head inwas an allegory about race rela- humbled agreement."tions in America. He points out, 'The reaction to the bookfor example, that the use of apes stunned me," Greene said.as a proxy for non- ....IIr.~'"lII!I!I!IJI!lIllllll•• Hundreds of peoplewhite humans has his-showed up for booktorical and ideologicalsignings in Los Angelesunderpinnings, andand other cities.that their use in theProducers of a documovieshas powerfulmentary about thepsychological reso-Planet of the Apes seriesnance. Greene saysinvited Greene to procertainscenes, such asvide expert commentheape slave revolttary. The special randepicted in the fourthon American Moviefilm in the series, Con-Classics last winter.quest of the Planet of the Apes, mir- The Academy of Science Fictionrored contemporary events such Fantasy and Horror Films awardasthe Watts riots of 1965. Con- ed Greene's book the Goldenquest was considered so politically Scroll Award of Merit forincendiary that it was banned in Outstanding Achievement.South Africa.It's been a dizzying ride for theGreene acknowledges that second-year law student, whothe smirk factor probably was never imagined himself as a writer.high when the book title first "I actually was a little intimidatedappeared on publishers' lists. "It's by writing when I began," Greeneeasy to dismiss the Planet of the said, "but the more I did it theAjJes movies as camp, which they more I enjoyed it."clearly are not," he said. "Some- He has ideas for other books,times pop culture is a serious including one on the history ofpolitical enterprise."federal Indian law. But firstGreene discovered to his things first. "I came to lawamazement that far from smirk- school to work on issues of raceing, readers and critics provided and economic justice," he said.overwhelming affirmation."1 plan to pursue public interestEntertainment Weekly reviewer law related to those issues."The Evidence Points to aSuccessfuL DebutMiguel Mendez's commentaryappears on a new CD-ROMfrom the Practising LawInstitute titled, "The InteractiveCourtroom." Mendez, the AdelbertH. Sweet Professor of Law, shows up in severalshort movie clips discussing witnesses,the use of visuals in the courtroom and the advisabilityof certain kinds of testimony. The CD simulatestrials, then offers Mendez's and other legal scholars'opinions about how the lawyers could or should proceed.(j)Practising Law Institute website: www.pli.eduMaking a ChainStudents link researchers, nonprofits~ew program incubated at Stanford intends tomobilize the vast number of students nationwideinvolved in research as a resource for nonprofitand publiC agencies.The program, Link, currently working out of the MarkTaper Law Student Center, is essentially a "matchmakingservice" for students who need research topics and organizationsthat need the research, says Julie Loughran ('01),executive director.This is how it works: Participating organizations post"help wanted" ads outlining their needs in the Link database.Working with professors across the country, Linkpromotes the database as a means of finding appropriateresearch topics for students, who gain valuable experiencewith real-world clients. Students can search the Link website---www.LinkResearch.org-forprograms that fit theirinterests and skills. Link serves as a broker between studentsand organizations to establish partnerships and get projectsunder way. "The concept is not new," Loughran said, "butthis is a broad-based application. We've had a great response.The nonprofits are saying 'you're walking in the door witha free service for work that we couldn't do otherwise.' "Loughran, Link's lone full-time employee at present,has a strong background in research and communicationsstrategy from her work with the Democratic NationalCommittee and at a private firm, -----Dan Carol & Company. She ispart of a five-member managementteam that includes KateFrucher ('00), a former policy analystin the White House Officeof National Service; SmitaSingh, former program officer forHigher Education InnovativeProjects at the Commission onNational and CommunityService; David White ('00), anactive community affairs organizer;and Michael Echenberg,whose senior thesis at Harvardfour years ago established the COMMUNITY DEVELOPMENTtemplate for Link's infrastructure. Tyrome Davis, left, and JacquelineLoughran says the fledgling Sutton were among the esti mated200program needs additionalStanford Law students who participatedin this spring's Buildingfunding as it launches a pilotCommunity Day in East Palo Alto.this fall in Seattle, New Volunteers fanned out to a dozenYork, and San Francisco. sites. painting play structures, weedingparks, and performing other pro­"We expect the program tobe self-sufficient withinjects selected by local officials.Another major annual service project,, three years, but we needthe SPILF auction, raised more than./ funding for that first three-year $40.000 to fund student and organizationalpublic interest period," she said.projects.

New tothe TeamThree new associate deansjoined SLS in recent monthsMitch Davis, associatedean for informationsystems, wasdirector of informationtechnology atthe University ofOregon School ofMITCH DAVIS Law before comingto Stanford. While at Oregon hehelped start the nonprofit CommunityNetwork Technologies.Davis is the chairman ofNetcorps,(www.netcorps.com) a nonprofitthat recruits and trains students tohelp other nonprofits use technologyto enhance their organizations.Julie Lythcott­Haims, associatedean for studentaffairs, is a lawyer(Harvard '94) anda Stanford undergraduate(AB '89)who left Intel Corp.to join the Law School. She wassenior attorney for Intel's trademarksand brands group and priorto that worked at Cooley Godwardin Palo Alto.Martin Shell,associate dean forexternal relations,comes to Stanfordfrom the Universityof PennsylvaniaSchool of Law,where he served asassistant dean for development andalumni relations. Prior to that,Shell was vice president for institutionaladvancement at the PennsylvaniaCollege of PodiatricMedicine and served as vice presidentfor development and collegerelations at his alma mater, HendrixCollege in Arkansas. He also spenttwo years in Washington, D.C., aspress secretary for Arkansas CongressmanEd Bethune.Welcome to the Real WorldFor '99 graduate Jason Fiorillo, studying was the easy partWhen he was 9 years old, hisparents divorced, and his alcoholic,manic-depressive father disappeared.When he was 11, his mother left him andhis younger brother alone in their house forthree days and returned, remarried, toannounce that they were moving in withtheir new "father."At 15, he was summoned from a highschool class to the principal's :::office, where a social worker inter- ~viewed him about the frequent ~beatings inflicted by his stepfather. ~A week later he was living in a ~tent in the woods, afraid to return >home to his stepfather's wrath.At 16, he was living virtuallyon his own in a room in the basementof a group home, workingfrom 9 p.m. to 6 a.m. cleaningfloors at K-Mart and attendingschool during the day. And getting straight !\s.At 17, he entered MIT. And this spring,Jason Fiorillo, now 24, graduated from StanfordLaw School.One might consider the dual achievementsof MIT and Stanford Law degrees evidenceenough that Fiorillo has special gifts, but thecontext in which he accomplished them makehis efforts truly extraordinary, says EileenMcCaffrey, executive director of the OrphanFoundation of America, which granted Fiorilloscholarships for both his undergraduate andgraduate education. "What Jason has done isalmost beyond comprehension," she said. "HeIrvine Funds Bolster Program~l-milliongrant from the James IrvineFoundation will fund a programaimed at increasing public policyand business offerings in the corelaw curriculum and expanding student opportunitiesin both areas.Paul Brest, who will step down as Dean onAugust 31, helped launch a broad initiative inlaw, business, and public policy intended toprepare lawyers by integrating skills from eachof the three disciplines. "My hope is that thishas overcome unimaginable obstacles to getwhere he is."Fiorillo made no excuses when, during hisfirst semester at MIT, with no parents to supporthim and no family to fall back on, hefailed four of his five courses. Underpreparedby his public high school, he had to workextra hard to catch up and keep up. So hedid. As he matured and his confidence grew,so did his expectations. He came to Stanfordprepared for the challenge, he says,and is leaving stronger and healthierthan ever.Asked how he has coped with thepressures of the past eight years, Fiorilloreplied, "I don't know exactly. I thinkpart of it was the terror of failure. Whatwas I going to do if! failed? I had noplace to go."Now a member of the board of theOrphan Foundation, Fiorillo is a lead-I ing advocate for children whose backgroundsoften limit their opportunities. "I wantto help other people see that orphans and fosterkids, maybe with a little help, can make it,too," said Fiorillo. "Very rarely do orphans orfoster children make it to a prestigious institutionlike Stanford, or to any university for thatmatter. We'd like to change that."Two days after getting his diploma,Fiorillo flew to Kansas City to address thenational meeting ·of Court Appointed SpecialAdvocates, an organization that provides supportfor foster children. Shortly thereafter, hereturned to Palo Alto to begin work atSkadden, Arps.is going to allow Stanford to do somethingextraordinary that will provide a model for lawschools elsewhere in the country," Brest said."This is not a specialty track, but rather we arelooking for a body of knowledge and skillsimportant in the preparation of all graduates."The program responds to the increasinglikelihood that lawyers will enter the fields ofbusiness and public policy, Brest says, hut whomay do so without the interdisciplinary skillsor values necessary to be effective leaders.

TIMOTHY WIRTHEOWIN MEESERALPH NADERSeen and Heard"SSpeakers and events at Stanford Law Schooltated in the jargon of Congress is directly involvedthe business world, with supervising the Attorneythe economy is a General. Congress unconstitutionallyholds the Attorneywholly owned subsidiaryof the environment. General accountable regardingWhen the environment is an ongoing investigation. Thefinally forced to file for bankruptcyunder Chapter 11 unfortunate mix of politics,Independent Counsel Act is anbecause its resource base has policy, and criminal investigationand prosecution."been polluted, degraded, dissipated,irretrievably compromised,then the economy goes Attorney General, at "Crime andEdwin Meese, Former U.S.down to bankruptcy with it, Punishment in Washington,and so does everything else." D.C.," a Federalist Society event.Timothy Wirth, former u.s.Senator and current president ofthe United Nations Foundation,at "Environmental Policy andInternational Cooperation: AFramework for the 21 st Century,"the Robert Minge Brown Lecture."The Independent CounselAct is unconstitutional, anoutright violation of the separationof powers, because"There is not enough interest inissues of what one might call'indiscriminate injustice,' suchas the almost uniform restrictionof access to justice, no matterwhat your color and gender andbackground is, unless you havesubstantial means, unless youhave' Inc.' after your name."Ralph N(uk-r, ke)'n()te s!Jcak"rat "Shaking th" F()ul1dati()l1.\: TheWest Coast Conference on ProgressiveLawyering. ""I believe that what got lost inthe shuffle sometime betweenWatergate and today was thatthis extraordinary mechanismcalled the special prosecutor ...was meant to be special-meantto be used very cautiously."Archibald Cox, Watergatespecial prosecutor, at "The Futureof the Independent Counsel,"sponsored by the Law societies ofSan Francisco and Silicon Valley,and the Law SchooL."Representative Dan Coates,the military's point person onthis, said to me, 'You can'texpect straight men to takeshowers with gay men.' So Isaid, 'Look, I'm 53 years old.I haven't been getting drycleaned all of these years­I've been taking showers withARCHIBALD COXBARNEY FRANKstraight men all of my life.Nothing happens.' The wholenotion that something wouldhappen is just nonsensical."Barney Frank, U.S. Representative(D-Mass.), atapanel discussion about the military's"don't ask, don't tell" policytoward gays and Lesbians, sponsoredby Outlaw.(i) http://dont.stanford.edu/soLomon/soLomon.htmCampaign Continues Final PushWell into its fifth year, the Campaign for Stanford Law Sdwol attracts new supportTo date, the Campaign has garneredover $88 million in contributionsand pledges. Severalrecent gifts include:• $2 million from William and GertrudeSaunders to establish the William W.Saunders and Gertrude H. SaundersProfessorship in Law. The search for a facultychairholder is underway.• A $1.25-million Olin Foundation grant insupport of faculty scholarship through theJohn M. Olin Program in Law andEconomics, which is directed by JosephineScott Crocker Professor of Law andEconomics A. Mitchell Polinsky.• A $500,000 gift from The Coca-ColaFoundation and The Coca-Cola Companyto benefit the Law School's ExecutiveEducation Programs. (This gift is in additionto Coca-Cola's $500,000 earlierpledge to the Transnational BusinessLaw Program.)• From October 14 to 17, the Law Schoolwill hold the capstone event of theCampaign: Celebration '99 AlumniWeekend. With a full roster ofdistinguishedspeakers and special events, thisgrand occasion will recognize, amongothers, Stanford Law School's donors andvolunteers, as well as all of its judges andjustices. (For more details, see the backcover of this issue.)

Reflections on 12 years as DeanBY PAUL BRESTSIP REP ARE DTOW RIT E some remInISCenCesfor this issue ofStanford Lawyer, I glanced at the Fall1987 issue, in which I first appeared as Dean. Thecover photo elicited my first angry letter from an alumnus, whodisapproved ofmy somewhat casual dress. While my wardrobehas improved since then, I fear that he still would be disappointedby my lack ofgravitas a dozen years later. Nonetheless,I've learned a lot during these years. I'm always amazed whenI hear that the average tenure ofa law school dean today is onlyabout three years. It took me that long just to understand whatthe job was and to begin figuring out how to do it.Among the things I learned-tomy surprise and to the astonishment ofthose who knew me before-was to be apretty good fundraiser. (Necessity is themother ofself-invention.) I vividly recallthe first time I asked an alumnus for a gift:I was so nervous that I could not stoptalking, and I negotiated down my initialrequest for $1,000 to halfthat amountwithout ever letting him say a word. Tenyears later, I sat across the desk ofanotherprospect and allowed silence to envelopus as he contemplated an eight-figure request,which ultimately led to a seven-figuregift. One of my most memorablefundraising moments occurred last yearwhen I invited myself to join an alumnicouple at their wedding anniversary dinner,and asked for a major contributionto the Campaign. (It was a bonding ex-perience; they remain good friends andmade a generous gift.) 1() paraphraseBarry Goldwater, shamelessness in thecause ofStanford Law Schoo] is no vice,and modenltion no \lrme.One of the greatest joys of thedeanship has been getting to know alumni,learning from them, and bringingwhat I learned back to the Law School.In the process, I've made some lifelongfriends-and I also have a few really goodstories that I'll tell over a beer. I'm basicallya shy person and, at first, I found itdifficult to make small talk. Spectatorsports can be a great ice-breaker, but myignorance was awesome. After trying tocoach me early on, a colleague gave upand suggested that if! found myselfcorneredin a conversation about any sport,I should just say, "How about themNiners!" Our Provost, Condoleezza Rice,was more helpful. When she heard thatCarmen Policy was about to host a parents'night at 3Com Park, she took Irisand me to a Stanford football game,placed one ofus on each side, and mentoredus. (Like war, Condi explained,football is a game of territory.) Some ofit stuck, but to this day Carmen wonderswhat planet we came from.People attribute the short tenureof deans to the difficulties of dealing~ SlIMMFR 1999

with the faculty-"herding cats" is acommon metaphor. If so, that explainsmy relatively long tenure. Of course, Ihave a little black book ofsecrets aboutcolleagues that could nicely supplementmy future income. But the Stanford lawfaculty's spirit, commitment, and forgivenesshave made this dean's life a joy.With respect to forgiveness, I think particularlyofa day-long retreat that I unintentionallyscheduled on Big Gameday. (See spectator sports, supra.) It willbe another half-century before the Deanof Stanford Law School can mentionthe word "retreat" or "facilitator." Ifthere's one take-home point from myyears as an administrator, it's how muchone can accomplish when the faculty areinformed and consulted, and how badlythings go if they are blindsided.The students also have been a joy.The practice of leaving my office dooropen has led to conversations on everyministrative staff working behind thescenes. My first instinct as Dean was tomicromanage everything. It took a whileto learn that micromanaging a well-functioningadministrative unit was counterproductive,and that micromanaginga poorly functioning unit just postponedaddressing its problems. Perhaps themost important thing I've learned aboutorganizations is how much they dependon people regularly going beyond theirformal job descriptions, how much theirwillingness to do this depends on thespirit of the place-and the importanceof the CEO in maintaining that spirit.Like most law professors, I had littlecurrent knowledge ofthe careers intowhich we send our students. Twelve yearslater, I have a pretty good sense of theprofession. I could also write the definitivecoffee-table book on comparativelaw firm decor.A few years ago, Stanford took theour graduates are finding rewarding careers(in all senses) in business. The twinchallenges for the School and the professionare how to increase the professionaland personal satisfactions of privatepractice, and how to expand theLoan Repayment Assistance Programand find other means to enable Stanfordgraduates to pursue careers in public servicedespite the mounting costs of privateeducation.Turning to the School's core educationalmission, the past 12 years havebeen a period of considerable experimentationand innovation. We have developedleading programs in business,technology, environmental law, and conflictresolution. My greatest disappointmentinvolves public interest. Despitestrong course offerings, we lack a coregroup offaculty whom the students canlook to as mentors and, at least until recently,we have not had strong clinicalONE OF THE GREATEST JOYS OF THE DEANSHIP HAS BEEN GETTING TO KNOW ALUMNI, LEARNING FROMTHEM, AND BRINGING WHAT I LEARNED BACK TO THE LAW SCHOOL. IN THE PROCESS,I'VE MADE SOMELIFELONG FRIENDS-AND I ALSO HAVE A FEW REALLY GOOD STORIES THAT I'LL TELL OVER A BEER.conceivable topic-and some inconceivableones-and to an appreciationof students' varied backgrounds, interests,and concerns. Sure, there have beenmoments of tension as well. In contrastto most other graduate students, oursare a pretty political bunch, with themost "progressive" voices usually beingthe loudest. All things being equal, I prefernot to be depicted as Genghis Khan.But a law school would be an impoverishedplace if students were indifferentto the pressing social issues ofour times.As a faculty member, I did not appreciatejust how much the School's functioningdepended on an excellent adleadin establishing an annual "conversation"among a dozen law school deansand partners from the nation's majorfirms. We discuss an array of commonissues, including the academy's role inpreparing students for practice, the ethosand diversity of the profession, and itsglobalization. The problem that mostconcerns me-and many managing partners-isthe reported decline of satisfactionwith large law firm practice. Incontrast, many alumni working in governmentand the not-for-profit sectorfind their work fulfilling even while earningfar less than they could in privatepractice. And an increasing number ofplacements. On the bright side, the numberand quality ofclinical placements atthe East Palo Alto Law Project were atan all-time high this year. The challengenow is to create a vibrant public interestcommunity within the School.At the same time as the faculty hasbuilt pillars ofsubstantive excellence, wehave been rethinking trans-substantiveaspects ofthe curriculum. These includeskills useful across a wide range ofcareers(e.g., communication, quantitative methods,policy analysis, problem solving,and negotiation), ethics and professionalresponsibility, and new approaches toContinued 011 page 68~TANF()RD LAWVlR ED

Cheryl Mills's defense argumentduring the impeachment trialbuoyed a battered Executive,and made her dad proud.N A [V ELY, SHE SAY S now, she assumed nobody would notice. Fouro'clock in the afternoon, a Wednesday, and most people were at work. What differencewould it make that cameras were recording her every word and gesturewhowas watching?She positioned her papers on the lectern in front ofher and stepped back momentarily,lifting her eyes to the Senate gallery. Quickly, she searched the faces andfound her parents. Her father nodded firmly.Then she stepped into the lectern and in a clear, strong, confident voice beganto speak."Ml': Chieffilstice, rnanagct:rfro'm the House ofRepnsentatives, me1nbcJ"S ofthe Smate,good I1fw'noon. My narne is CheryllWills, and I am deputy counsel to the Pnsident. "What happened over the next 45 minutes in the solemnity ofthe Senate chamberwas, depending on one's perspective, a remarkable defense argument by a charismaticperformer, a key event in a historic trial, a prideful moment for black Americans,or all of the above.Across America, in small-town barbershops and in automobiles in the middleof nowhere, people listened, riveted, as Mills '90 meticulously and passionately arguedthat President Bill Clinton, whatever his flaws, was not guilty ofimpeachableoffenses. "IfYOlt love the rule oflaw, you must love it in all ofits applications. You cannotonly love it when itprovides the verdiLtyon seek, you must love itwhen the verdiLt goes againstYOlt as well. liVe cannot uphold the rule oflaw 0111y when it is consistent with our' beliefs, wemust uphold it evm when it protects behavior' that we don't like or is zmattraLtive or' is notlerPHOTOGRAPHS BYBY KEVIN COOLSUSAN RUBINED \UMMII< 1~~9

, 1 ,\ N r () Rill 1\ W' \' I R ED

admirable or that might even be hurtful. As a ltnryet; as an American,and as an African-A'I1te1~ican, it is a principal which I believe to thevery core ofmy being. "Mills's words did more than just add another page to theimpeachment chapter; they applied a cauterizing iron to therotting skin ofthe proceedings, and Americans suddenly recognizedthe smell. She did not save the Clinton presidencythat afternoon-the Senate likely would have voted to acquitin any case-butshe strengthened an executive branch bloodiedby months ofscandal and sordid testimony. And she catalyzeddebate about what the country was doing to itself. Youcould practically hear the murmur ripple through the populace:She's not talking about hi1n, she's talking about us.By nightfall, Cheryl Mills was a household name. Eveningnewscasts ran significant excerpts from her argument, andpundits on half a dozen programs considered the implicationsofher words. Brian VVilLiams ofMSNBC shepherded apanel of analysts through a discussion of whether Mills hadbolstered the Presidency or merely engaged in racial politics.Print media were less trenchant. "A virtuoso performance,"the washington Post said the next day. Time magazine calledher "one tough sister." "A 33-year-old black woman went tothe belly ofone ofthe whitest beasts ofthe nation-the U.S.Congress-and got the better ofhim," wrote Salon magazinecolumnistJoan Walsh.CHERYL MILLS '90Her delivery, her demeanor, even her dress, fueled water-coolerconversations from Maine to California. CherylMills had become a star.WASHINGTON,D.C., is only 150 miles from AmeliaCounty, Virginia, but the distance Mills's familytraveled to reach the seat of power was, figuratively,much farther. For generations after Robert E. Lee'ssurrender up the road in Appomattox, former slaves and theirdescendants in Amelia County relied on gmel and sweat toeke out lives on tiny plots ofland.By the 1940s, life was a little better, but still hard. RobertMills recalls walking three miles from his home to cut the grassat the county courthouse for 20 cents an hour. He attendeda one-room school-"Actually, two rooms. We had a movablepartition," he said. What mattered more than the accommodationswas the education.He was the first in his family to attend college, as wasthe "city girl" from Richmond he married, LaVerne. Robertjoined the army, where integration already had occurred andwhere skin color was less of an impediment. Off the base,though, prejudice was profound. In uniform or not, Millscould not sit at public lunch counters or anywhere he choseon a public bus. Like many of their contemporaries, trainedto endure and overcome, Robert and LaVerne twisted thepain of their exclusion into something positive and used it asmotivation. "In those days it wasn't good enough to be asgood as the next guy, you had to be better," Robert said.A military intelligence officer who rose to the rank oflieutenant colonel, Mills moved his family often. While in St.Louis in 1965, he and LaVerne welcomed their second child,a daughter.From the beginning, Cheryl seemed hard-wired for success.She was competitive, intense, driven. She grew up onmilitary bases in Gemlany and Belgium, surrounded by diversityand indoctrinated into a culture of acceptance within whichrace was merely a characteristic, not an excuse for categorization.Because ofall the moving around, she had to be gregariousto make new friends. She learned how to adjust. In fifthgrade Cheryl announced that she wanted to be a lawyer. "Shewas interested in fairness," said LaVerne. "She thought lawyersmade the world fair."Cheryl never deviated from that path. Through highIn fifth grade Cherylannounced that she wanted to be a lawyer. "Shethought lawyers made the world fair," her mother said.d' \lIMMER 1999

school and four years at the University ofVIrginia-where she became the first blackwoman ever to win the school's prestigiousPete Gray Award, and graduated Phi BetaKappa-Mills was pointing to the daywhen she would stand in front ofa jury andmake her case. Virginia School ofLaw offereda full scholarship, but she turned itdown to come to Stanford.During her first year at SLS, Millsmet professor Barbara Babcock, and her lifewas changed. "She had a tremendous impacton my desire to do defense work. Shereally made me think about how our legalsystem works; that it only works with bothsides being committed to their causes."Babcock, now the Judge John CrownProfessor ofLaw, remains a close friend andmentor. "She's my hero," said Mills.Emily Uhrig '91, a friend and schoolmateofMills at Stanford and now a deputyfederal public defender in Los Angeles,worked with Mills to organize a conferencefor women ofcolor studying the law. Uhrigwas and continues to be inspired by Mills'senergy and commitment. "Cheryl just getsthings done," she said. "If she sets hermind to doing something, she will do it.When Cheryl believes in something herargument comes through almost as truth."MILLS WAS introduced to theCo n gressmanTom Campbell voteson impeachmentHis Democratic constituentsOn December 15, 1998, the air in CaliforniaCongressman Tom Campbell's office was thick withanticipation. It also was thick with reporters, dozensof whom crushed into the room to hear Campbell, standing behind a massive bankof microphones, announce his decision on whether to support the impeachment ofPresident Clinton. Campbell was one of the last Republicans in the House to announcehis position, and his was viewed as a key vote in the final tally.Campbell's stance-that the President's testimony to the grand jury in thePaula Jones case amounted to perjury and was grounds for impeachment-cameat the end of a tortuous deliberation and at the risk, according to many analysts,of the Stanford Law School professor's political career.In the days leading up to his climactic press conference, Campbell faced adilemma-whether to follow the dictates of his constituents in his heavily Democraticdistrict or listen to his conscience and do what he felt was right. In the end,Campbell's integrity won out. "I couldn't do it any other way," Campbell told theSan Jose Mercury News following the vote. "It's just not right by me."Voters lobbied vigorously against impeachment. Candlelight vigils were heldoutside Campbell's office. On the day before his announcement, his staffers wereinundated with more than 1,000 calls from constituents, most of them opposingimpeachment, and Campbell went home that Monday night with a briefcase full ofe-mail messages. Despite his moderate political history and occasional break withconvention, Campbell's impeachment vote placed him in a tenuous political posi·tion. His last-minute decisionseemed to carry more weightthan those that had gone onthe record earlier, and madehim more vulnerable to attack.Beltway legal community duringan externship with thePublic Defender Service in Washington.After graduation, she joined Hogan &Hartson, one of the capital's premier lawfirms, and spent much of her two yearsthere on cases involving school desegregation,working with David Tatel, a formervisiting professor at the Law School and now a judge inthe D.C District Court ofAppeals.In early fall of1992, with polls showing Clinton far aheadofincumbent George Bush in the presidential race, Mills joinedthe transition team that would shepherd in the new administration.Still in her mid-20s, MiJls was helping craft ethics policiesfor Clinton's top advisers, and she regularly called on herStanford professors for advice. Soon after Clinton was elect-were angry and said so.Campbell has not retreated,though, and insists thatvoters eventually will understandhis reasoning. "I thinkthe people of my district willjudge me fairly," he said.ed, she was named White House associate counsel, an extraordinaryappointment considering her age, says Babcock."She had only been out oflaw school for a couple ofyears.Whoever was responsible for the appointment-whether itwasthe President himself or Hillary Clinton or somebody elsetheysaw in her the special qualities of leadership and judgmentand something you might call 'moral force' that is very'1/\ 10RI) IA\\\'IR Q

CHERYL MILLS '90unusual in one so YOlmg," Babcock said.When independent counsel Kenneth Starr began hisWhitewater probe and later expanded the investigation to includeClinton's alleged affair widl Monica Lewinsky, Mills'slife turned upside down. At the height ofStarr's inquiry, Millswas working 14 to 18 hours a day."As a general matter, being White House counsel is nowalk in the park," said Mills. "But that time was particularlyintense. Itwas all-consuming. I would usually arrive at aroundsix-thirty in the morning and on a good day would leavearound nine at night, but there were many times when I didn'tleave until after midnight."Babcockworried about her protege's well-being. "It's anextremely complicated job that she'd been doing, and underterrific strain," she said. "After two or three years, I began tellingher, 'Cheryl, you've got to get out of there. Ifyou want to dojury work-and you're going to be great in front of a juryyou'vegot to get started.' But just when she was on dle vergeof leaving, something else would come up, and she is so responsibleand so loyal that she stayed."One of the confusing aspects of her job, Mills says, wassorting out precisely what the role of the White House counselshould be. Was the client the President or the Presidency?,~=".....,...u"White House counsel represents the Presidency, but that ideais only a concept. You have a person who occupies the Presidency,so their feelings, their thoughts, and their actions obviously havean impact on your experience. There are certainly occasionswhen we look at where the institutional interests are and thoseare not always coextensive with the President's interests.Ultimately, you have to take into consideration what judgmentswould ten, twenty, or thirty years down the road ensurethat the institution itself was preserved in a fashion that wasmost advantageous to the Executive office without regard tothe occupant," she said.QVE R TIME, MIL LS SAYS, different members ofthe White House defense team became familiar withthe various allegations and the facts associated widlthem. Mills spent much of her time on issues raised about thePresident's secretary, Betty Currie, and the series ofevents relatedto her testimony about gifts Clinton gave to Lewinsky.When it came time to present the argument in the Senate,Mills's selection was a natural extension of her work in thatevidentiary area, she says. But aside from the substantive issuesof the case, Mills also wanted the Senate to consider thelarger issues involved. "There were times [during the trialpreparation] when I would wonder how we got where wewere, and if we had any sense of ourselves that was granderthan the minutiae with which we were dealing," she said.The intensity ofthe preparation left little time to be nervous."At the time you don't really think more expansively than'tomorrow I'm going to get up and give my argument; do Ihave X, Y, and Z ready?' You are so focused on what you'redoing that sometimes it's hard to step back and see that it hasa larger meaning than the task you're performing."There was a moment, though, while I was gettingready to go to bed that night, when I found myself thinking,'Gee, I hope I don't screw up.' "She awoke the next morning ready literally to face theworld. With her parents seated above, millions watching ontelevision, and cowldess others following along on NationalPublic Radio and other news sources, Mills made her argument.Known for her rapid-fire expository style, she concentratedon speaking slowly, deliberately, punctuating cer-"Ultimately, you have to takeinto consideration what judgments would ensure that theinstitution itselfwas preserved in a fashion that was most advantageousto the Executive without regard to the occupant."EI;) \UMMIR 1'1'1'1

Based on Deborah Professor Deborah Rhode opposing party. Rhodeadvises 0/1Rhode's wry descriptiontheand her co-counselimpeachme/1t matterof events behind thespent part of the firstscenes at the hearings on PresidentClinton's impeachment, the processsounds more like the progeny of Molierethan Madison.Rhode, the Ernest W. McFarlandProfessor of Law, says her stint as seniorcounsel for the Democratic members ofthe House JUdiciary Committee was a lessonin how politicized the political processcould be. Asked to provide expert opinionon matters relating to ethics, gender,and constitutional issues, Rhode spentmost of the fall in Washington working withCongressional members trying to determinewhether the President should, orcould, be removed from office.The initial accommodations wereanything but glamorous. Part of the reasonwas because the appropriations for adequateoffice space were held up by theseveral weeks sitting on the floor outsidethe area where confidential documentshad to be reviewed. When one of theDemocratic committee members was surprisedto encounter them there, a colleagueof Rhode's quipped: "I wish yourparty could win some elections so wecould get some chairs."Some aspects of the experiencehad a "surreal" quality. "We could be arguingwith GOP lawyers at two a.m. overwhether some four-letter word should bedeleted from materials released to thepublic, and then begging to borrow somewhite-out," Rhode said.Rhode was not prepared for theenormous gap between political rhetoricand reality-for the wide distance betweenCongressional leaders' public posturingsand private behavior. She wasequally disturbed by what she called the"harassing use of sexual harassmentclaims" in the Paula Jones litigation, andthe sometimes casual disregard of constitutionalstandards and procedural integrityduring the hearings.On evenings when the partisanshipand pressures of Capitol Hill became especiallytrying, Rhode often went runningon the Mall. The illuminated majesty ofWashington monuments reminded her ofthe larger democratic values that theprocess was designed to preserve, shesays.Reflecting on that larger meaningwas also helpful when family and friendswould ask: "How can you defend him?"referring to President Clinton."I wasn't defending the President,"Rhode would respond. "I was defendingthe process. I was there to help theCongress create a proceeding that couldget it right."tain points with the inflection of a veteran trial attorney.When she had finished, Mills was not sure whether shehad done well or poorly."There's a uniqueness to presenting in the Senate," shesaid. "There's no reaction. You stand up and you speak andyou sit down. No one says anything. There is a solemnity andformality about the occasion, and you don't have the immecliatefeedback that you might have in another environmentabout whether people agreed with or disliked what you said."Later, several senators, including some Republicans, approachedher to say that she had done a good job. Her biggestfans, Robert and LaVerne, arrived from the gallery to congratulateher. Both ofthem were crying. "I have probably seenthat three times in my life, so it meant a lot to me," Mills said."I was just so proud, and I was thinking how far theMills family had come," Robert said.Cheryl acknowledged the praise and quickly moved on."She has never had much interest in her own achievements,"Robert said. "We can't even get her to put her Phi Beta Kappacertificate on her wall. It's not that those things aren't meaningfulto her; she just doesn't dwell on them."Is Mills convinced she has done the country a service?"I believe this: that without regard to political party-and thisis not something I probably would have said prior to comingto this job-there is something unique about our institutionsof leadership that need to be valued in a way that transcendswhatever partisan issues arise.""A5 a government servant, I would like people to reachthe point where they can say, 'I may not like this conduct andI may not like this person, but I value the institution enoughto say that it should not be altered by this conduct or this person-thatthey should not be big enough or small enough tochange those things that are our values that transcend time.I think that in the end I can feel good about the fact thatwhere we ended up was consistent with those values."What she did on the Senate floor that day in Januaryalso was a triumph for the Mills family, and a tribute to herfather. "I feel very good about the fact that I was able to makehim proud at that moment," she said. "Considering where hecame from-that's very meaningful to me."_\TANfORIl LAW/VER (D

can finally relax.BY KEVIN COOLSeated on the cream-colored couch in hisspacious office, Brest sinks into the pillows, stretcheshis legs, and crosses his arms comfortably. He is inrepose, literally and figuratively; as he considers the arcofa 12-year deanship marked by tumult and triumph."We were at a wedding recently, and Iris pulled me aside and said, 'Thisisn't your party, you don't need to work the room,' " Brest said, smiling. "Thereis some unlearning to be done."September 1, when Brest steps down as Dean ofthe Law School, the sunwill set on an administration that many believe was the greatest in the historyof the institution. They certainly have a case.Brest set and met lmprecedented fund-raising goals, reenergized alurrmi,nurtured innovation, recruited powerhouse faculty, and fostered an affirming,humane culture.Just as remarkably, Brest emerges from the deanship with his energy intactand psyche w1scarred. "I'm leaving the job at a time I still love it," he said.Twelve years ago nobody would have predicted such an ending.On October 7, 1987, Brest sent his first annual letter to Stanford Law alumnidescribing the state of the School. He had been Dean for five weeks. 1welvedays after the letter was mailed the stock market dropped 511 points-a plungethat produced tens of millions of dollars in paper losses in the Stanford endowment-andset in motion the first crisis of his deanship.A recession followed Black Monday. Students who applied came withgreater financial need, stressing the School's ability to maintain its need-blindadmissions policy. Then, in October 1989, an earthquake devastated the BayArea and caused more than $50,000 in damage to the Robert Crown LawPHOTOGRAPHS BYBILL ZEMANEK~ ,UMMIR 1999

Restoring the library after the Lorna Prieta earthquake; swinging from the hip at a faculty/student softball game; bidding at a SPILF auction.Library. ext, Stanford was forced to undergo a painful andprotracted series ofbudget cuts, after the federal governmentinvestigated the University for alleged overcharging relatedto research costs. The Law School was told to expect budgetreductions of 10 percent or more-about $1.5million.By the time Brest sent his fifth letter toalumni, in 1991, the Law School was clingingprecariously to its position in the top tier ofpremier institutions. Faculty salaries were nmning20 to 30 percent behind peer schools, someofwhich were poised to begin stealing Stanford'sstars. Student loan burdens, exacerbated by saggingfinancial aid hmds, had risen to alarminglevels. Curricular initiatives, including the fledglingbut promising Law and Business program,were threatened by a mandatory cap on facultyhiring. It was time to be hlunt."Your law school is in peril," Brest wrote."I'm writing now to tell you that our achievementsand our future are in jeopardy." It was notexactly a conventional approach to fund-raising,but it was illustrative of what would become aBrest trademark: substance over style, candorover coyness. His sincerity won over alunmiand the dollars began pouring in. As of thiswriting, gifts and pledges to the School's campaigntotaled more than $88 million, and alumnigiving had risen from 28 percent annually toalmost 40 percent."The credit for this extraordinary fundraisingsuccess lies squarely and personally withPaul Brest," said Dean-designate KathleenSullivan. "He devoted himself to tirelessly andceaselessly criss-crossing the country, reachingout to Law School alunmi and friends.""Paul Brest has been,for the I 2 years ofhisdeanship, one ofthegreat inspi'ringfiguresin Ame'rican legaleducation. He has ledthe way toward amore supportive1relationship betweenthe legal academyand the pmcticing bar,and has helped lawteache'rs eve'rywhereundentand the novelchallenges they face ina p'rofession - in aW01rld - that ischanging in suchd'ramatic ways. It hasbeen my gnatprivilege to wO'rk withPaul on a va1riety ofcollab01rative p'rojects,and I salute him forhis lasting cont'ributionto Stanfo'rd LawSchool and to legaleducation genemlly. "ANTHONY KRONMANDean, Yale Law SchoolImportantly, according to Sullivan, Brest's interest inalumni went far beyond raising dollars. "He did not simplysolicit their gifts," she said. "He engaged them in wide-rangingdialogue about the mission ofthe Law School, the futureofour profession, and the intersection oflegaldisciplines with the worlds ofbusiness and publicpolicymaking."There probably is no one thing for whichBrest will be remembered-his shadow is longand his achievements diverse-but his successin returning the Law School to sound financialfooting unquestionably has etched his nameamong the key figures in Stanford's history.WHENHE ASSUMED the deanshipin 1987, Brest was a respectedprofessor who, like his predecessor,John Hart Ely, already had assembled adistinguished career as a constitutional lawscholar. He had experience with curricular reformand some otl1er administrative matters, butadmittedly knew virtually nothing about fundraising.Some wondered whether his low-keystyle would be an impediment to attractingdonors. Brest agrees that the reservations werelegitimate. "I would have been skeptical aboutme," he said.Brest's longtime assistant Nancy Strausserrecalls that, early in his deanship, Brest hadhmd-raising staffliterally script what he wouldsay in certain situations. "It was hard in thosedays to keep him at a social function longenough to see the people he needed to see," shesaid. "His main interest was seeing how quicklyhe could get back to his computer."Strausser says part of that reticence was

ased on a lack offamiliaritywith the people withwhom he was expected to build relationships."Twelve years ago he didn't know these people;now they're his friends," she said.Typically clad in corduroy trousers and HushPuppies as a professor, Brest quickly realized hiswardrobe, too, would have to change. Strausser recallsa day Brest trudged past her muttering, "I'mgoing to buy a suit-Barbara says I have to."Barbara was Barbara Babcock, Brest's racquetballpartner who was tired ofshortening their court timeso he could make his frequent trips to the drycleaners to retrieve his one suit. "I asked him whenhe returned from shopping what color he picked,"Strausser said. "He answered, 'suit color.'"When confronted with the fiscal crisis earlyin his tenure, Brest underwent a kind of cramsession in fund-raising, assisted by Harvard developmentdean Scott Nichols. "I flew toCambridge and sat down with Scott, and said, 'Idon't know exactly what we're supposed to be doing,but I know we aren't doing it right,'" Brestsaid. He returned to Stanford and began a searchthat resulted in the hiring of former AssociateDean for External Relations Susan Bell. She andBrest assembled a fund-raising staff, recruited formerchair ofthe Stanford Board ofTrustees,]amesGaither '64, to spearhead the campaign, and setinto motion a five-year, $50 million capital drive.Many people, citing historical fund-raising levels-theSchool had never raised more than threemillion dollars in any year-figured Brest would be lucky toraise half that much.Asking for money did not come naturally or easily forBrest, but ask he did. "I can remember the first time I askedfor what then seemed like a major gift-one thousand dollars,"Brest said. "It seemed like such a strange thing to do.""Paul hasmobilized andinvolved thealumni andfriendsofthe School inways unimaginableIO or I I years ago.He has recruited afaculty second tonone in thecountry, with agroup ofnewprofessors that isthe envy ofeverymajor law school inthe country. And hehas built thatquality while at thesame timeassembling the mostdiverse facultyofany leadinglaw school in thecountry."JAMES GAITHER '64Partner, Cooley Godward;former Chair, Stanford Boardof Trustees;Chair, Campaign forStanford Law SchoolBREsT's SOFT-SPOKEN, gracious manner belies a steelyresolve. This is a man who spent two years inMississippi, at the height of the civil rights movement,working with the NAACP Legal DefenseFund to desegregate local schools. Itwas a scaldingbaptism for an idealistic young lawyer interestedfirst in "doing good."The lines during the civil rights movementwere clearly drawn and the parties easily dividedinto good guys and bad guys, he says. Theworld has become more complicated, and all ofhis experience since then, he says, including ayear as clerk for Justice John Harlan on theSupreme Court, has helped him learn how todeal with the myriad issues about which reasonablepeople can reasonably disagree.Those experiences also added layers toBrest's skin, and he has needed them. Despitethe faculty's widespread respect and affection, hehas faced difficult confrontations with studentsrelated to minority hiring and tenure decisions,in particular. They have been stressful and, insome cases, hurtful, he acknowledges, but also educational."I've learned how to learn from my mistakes,"he said. "I think I've become a betterproblem solver [as a result of the difficulties]."If Brest has an ego, it's hard to spot. Hetold Strausser early on that "you don't need to protectme from anybody," she recalls. Hiswidely advertised "open-door policy" was justthat-the side entrance to his office was nearly alwaysopen, and the invitation to enter was genuine,even if many people, respecting the officeand Brest's privacy, usually came through the mainoffice. Still, Strausser says, the policy meant something, ifonlysymbolically. "People knew he was accessible," she said.Faculty noticed. ProfessorJohn Donohue, the John A.Wilson Faculty Scholar, says of Brest: "He has been an immenselyvalued role model of the committed academic whocontests intellectual issues with a passionate engagement andlaserlike rigor, but with a degree ofgenerosity and humanitythat is extraordinarily rare."Gerald Gunther agreed. "... Throughout, he has remaineda thoughtful scholar, a wonderful, sensitive human be-IF BREST HAS AN EGO, it's hard to spot. His "open-doorpolicy" was justthat-the side entrance to his office was nearlyalways open, and the invitation to enter was genuine.\ TAN I () It I) I. A W V f. It ED

ing, indeed a colleague of the first order evenwhile he occupied an administrative position formore than the last decade-a very rare phenomenonin the business of deaning, in my experience,"Gunther said.Barbara Babcock says Brest's ability to marshalfaculty respect without sacrificing personalwarmth was the defining mark of his deanship."He has combined to a remarkable degree thequalities ofa general of the armies with those ofa mother hen," she said."... He has focused a kind of nurturingattention upon so many individuals within theSchool-colleagues, staff, students-and neveraltered in his efforts to fit each person to the taskhe or she was best suited to-inventing the task"Paul~ contributionsto the Law School puthim at the ftrefrontofthe Stanftrddeans, as well as thosein other universities.His creative proposalftr a new broadbasedcurriculum totrain students forcareers in law,business, and publicservice will have apositive and lastingeffect on the LawSchool."in question, ifone was not available," said Tom WARREN CHRISTOPHER '49Grey, who, like Babcock, joined the Law SchoolSenior Partner,O'Melveny & Myers;faculty as a contemporary of Brest's in the early'70s.Co-chair, Campaign forformer U.S. Secretary of State;Stanford Law School"From the student perspective, Dean Brest'smost important traits have probably been his accessibilityand responsiveness," said Eric Lassen,Class of 1998 president. "Dean Brest made himself constantlyavailable to the general student body, encouraging anyonewho had questions or problems to seek him out direcdy."Brest's openness extended to all members of the LawSchool community, including those who say they had a lessaffirming experience at other places where they worked. JanetHalley, who entered the teaching market in 1990 as an openlygay woman, credits Brest not only for giving her candidacyserious consideration when other schools would not, butfor having nurtured a culture within which she could feel welcome."I attribute my having an opportunity to succeed heredirecdy to Paul's deeply held norms ofantidiscrimination, hisconviction that excellence in scholarship and teaching oftenarrive in unexpected forms, and his ability to communicate thesevalues effectively to the faculty," Halley said.And yet, Brest was not bashful about calling a cad a cad.Once after failing to placate a vitriolic alumnus who excoriatedthe Law School and vowed to withdraw all financial sup-port, the Dean fired offa reply. "Includingyourpostage stamp, your lifetime giving to the Schoolnow totals 29 cents," Brest wrote."We held it for a couple ofdays, wondering,should we really send this?" Strausser said.They sent it.BREsT's FUND-RAISING achievements areso enormous they threaten to overshadowthe significant advancementsin the Law School's curriculum under his leadership.Brest instituted a long-term planningprocess designed to build a curriculum thatwould equip lawyers for service well into thefuture. He reached out to law firms, public advocacyorganizations, business leaders, and inhousecorporate legal affairs teams--often travelingto meet with alumni in their offices-toensure that the Law School was teaching whatstudents needed to know. Emerging from thatprocess were decisions to grow the School's programsin business, technology, and environmentallaw, and to build in Stanford graduatesa skill base that was what Brest calls "trans-substantive.""There are some fundamental skills---quantitative methods,problem solving, decision-making, communicationsthatare useful across a range ofcareers," Brest said. "That iswhat differentiates this kind oflearning from going into depthin a particular substantive area. Ofcourse, it's important to havestrength in a substantive area as well, but the value of a particularadvanced course on an intellectual property issue, forexample, can wane over time-it's a constandy moving targetwhilethose fundamental skills remain undiminished."Brest wanted Stanford lawyers, above all, to be problemsolvers. He encouraged teaching exercises that pushed studentsto develop an interdisciplinary knowledge of the law and itsapplicability. The use ofsituational case studies per the businessschool model, a technique innovated by Stanford Law,has become a staple of the School's teaching approach.Dean-designate Sullivan says Brest went boldly whereothers only timidly explored. "Law school curriculums haveBREST PROMOTED A LIVELY national dialogueabout the law through his meetings with law schooldeans and partners at leading law firms.~ SLIMMER 1999

emained remarkably stable, continuing for the most part tofollow a template laid down over a century ago. In keeping withStanford Law School's generally unencumbered, innovativefrontier style, Dean Brest has done more than any other lawschool dean in the country to press the possibility ofcurricularreform and the revivification of the profession on the eveof the 21st century," she said.Brest promoted a lively national dialogue about the lawboth through his constitution ofmeetings between leading lawschool deans and law firm partners, and through his public statementsand writings on the importance ofethics and purposefulnessin the profession. And he remained passionate aboutthe need to make an ethic of public service indigenous toStanford Law School and to the profession generally. "The professionfaces a significant problem with respect to our role asa public service profession," he said. "At a time when the businessside ofthe law is so lucrative and so demanding in termsofthe number ofhours that lawyers spend at it, how do lawyersstill devote time to public service?"Brest also threw his support behind an ilmovative executiveeducation program that addresses the needs ofCEOs, generalCOW1SelS, and directors ofpublicly traded companies. "Paul'sefforts have created a sense of cOlmectedness with the realworld that most law schools lack," said Joe Grundfest, W A.Franke Professor ofLaw and Business. "[They] have added substantiallyto the Law School's reputation in the business andlegal conmlwuties." Gnmdfest also credits Brest for "a seriesof pathbreaking applications of the Internet to the law."WHAT HAPPENS TO BREST after September I?"My son, who is sometimes distressingly candid,said, 'Do you really think you can concentrate onone thing for more than five minutes?' " Brest said,laughing. Despite Jeremy's good-natured admonition,Brest will take on a new challenge next year.After a semester sabbatical at NYU Law School,during which he will work on a book on problemsolving, Brest onJanuary 1will asswne the presidencyof the William and Flora Hewlett Fowldation, aphilanthropic organization with assets of approximately$2 billion."The Foundation's conurutment to addressingsociety's pressing problems and its support for theperfonrung arts are highly congruent with my ownconcerns. Its core values and low-key, nonbureaucraticapproach to philanthropy-its 'way ofbeing'-aredeeply attractive," Brest said. "The not-for-profitsector is growing in importance, and this is a crucial time toconsider how philanthropic institutions can use their resourcesmost effectively and responsibly."Brest will keep close ties with the Law School andStanford generally, he says. "This is, after all, Iris's and myhome and community, and we plan to stay connected to ourmany friends and colleagues inside and outside the University,"he said.As he reflects on his time as Dean, Brest says he recallsthe thrill of landing top faculty recruits, "the knowledge thatI have strengthened the School," and the pleasure of countlesscollaborations with faculty, alumni, students, and staff.And one collaboration, in particular, that with his wife, Iris."She has been my full-time partner and my most importantconfidante in every decision," he said. "There was no issue thatI haven't strategized with her."Iris's hospitality also was a key ingredient in developingrelationships with faculty and alumni. "Many ofthem have eatenmeals cooked by her," said Brest, who often played host withIris to teas, dilmers, and receptions at the couple's home.Since Brest 3lmounced his resignation, others have beenreflecting on the Brest deanship as well. Charles Koob '69,chair of the Board of Visitors, made an emotional public acknowledgmentofBrest's accomplishments as the board's threedaysession in May concluded. "I think Stanford Law Schoolowes Paul a debt of gratitude for all that he has done; in fact,I think the nation owes Paul a debt of gratitude for the rolethat he has played ill trying to bring positive changes to the legalprofession," said Koob.Koob stepped away from the podium, turned to faceBrest, and began to clap. Soon everyone in the room wasstanding and applauding. Bravo. _

A BIBLIOGRAPHYPraise for "The HorizontaL Society"Lawrence Friedman's 20th book has earned the praise ofreviewers impressed withits fresh perspective on how society has reorganized itself.Friedman argues that technology, migration, and the push for individualfreedoms has led to a new paradigm in which society is horizontally structured,moving away from the top-down organization of the past. Traditional sources ofauthOlity no longer hold sway over people whose identities are tied closely to thosewhose backgrounds and attitudes mirror their own, Friedman writes.Moreover, an entertainment-drenched society has spawned a culture ofcelebrity worship in which fame is a proxy for achievement. Because so many celebritiesemerge from modest beginnings, other ordinary persons can relate easily tothem and can imagine themselves being similarly successful. Birth, rank, or socialclass have less to do with common notions of pedigree than do the trappingsof celebrity.Friedman, Marion Rice Kirh.rwood Professor of Law, writes: "Worship ofcelebrities is thus deeply rooted in modern culture and is tighdy bOlmd to thestructure ofauthority and society; it has, in turn, an obvious impact on the structureofauthority. To begin with, celebrities have displaced other role models. Whenpeople (especially young people) adopt idols today, these idols come from the worldof the celebrities rather than from the world oftraditional authority. At least thisis so in Western societies. In one study, American teenagers, in 1986, were askedwhom they admired the most. Out of the top ten names, no less than nine were"stars" or celebrities-movie and TVfigures, for the most part. No religious leader,no business leader, no scientist or scholar, made the list."Todd Gitlin, in the New lork Times, called Friedman's "small but useful book"an important analysis on the eve ofthe millennium. "Friedman is onto somethingimportant," Gitlin writes. "The drift of d1e horizontal society is in many waysmore powerful than the overt ideologies of our time---or, rather, the tendencytoward horizontal relations is d1e master ideology beneath all rival options.Because oftechnology, relentless horizontal momentum is irreversible. The verticalcannot hold. Restorationist movements only succeed in adding more horizontalbands to the general tendency. Rollover, aud10rities-the culture of thenext millennium is not going your way."OF FACULTYWRITINGSPUBLISHEDBETWEEN JULYMAY 1999~ ,1IMMI·R 199')

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Baden-Baden: NomosVerlagsgesellschaft, 1998.Lawrence M. Friedman,"Ethnicity and Citizenship," inCitizenship and Immigration:hoceedings oftbe COllference Held atthe Univenity ofMilrmo, LawFaCIlity, November 7-9, I996.Thomas Heller, Vincenzo Ferrari,and Elena De Tullio, eds. 1998.Lawrence M. Friedman, "SomeThoughts on the Rule ofLaw,Legal Culture, and Modernity inComparative Perspective," inTllWfI1'd Cwzpm'ative Law in the 21stCentll1y. Tokyo: Chuo UniversityPress, 1998.Ronald J. Gilson, "Lawyers asTransaction Cost Engineers," inThe New Palgrave Dictionmy ofEt:onomics and the Law. PeterNewman, ed. New York: StocktonPress, 1998.RonaldJ. Gilson and Bem.ard S.Black, "Venture Capital and theStructure of Capital Markets," inC01porote Govemallce Today. NewYork: Columbia Law School, 1998.Henry T. Greely, "InformedConsent, Stored Tissue Samples,and the Human Genome DiversityProject: Protecting the Rights ofResearch Participants," in St01-edTisme Samples: Ethical, Legal andPublic Policy Implications. R. Weir,ed. Iowa City, Iowa: University ofIowa Press, 1998.Joseph A. Grundfest, "SecuritiesRegulation," in The New PalgraveDictionary ofEC01lOmics and the Law.Peter Newman, ed. New York:Stockton Press, 1998.Deborah R. Hensler, "The RealWorld ofTort Litigation," inEVelyday PTactices and 7i-ouble Cases.A. Sarat et aI., eds. Evanston, Ill.:Northwestern University Press,1998.Pamela S. Karlan, "A BiggerPicture," in Reflecting All ofUr: TheCase fiJI' PTop01'tional RepTesentation.Robert Richie and Steven Hill, eds.Boston: Beacon Press, 1999.Pamela S. Karlan, "The Impact ofthe Voting Rights Act on AfricanAmericans: Second and ThirdGeneration Issues," in Voting Rightsand Redistricting in the United States.Mark E. Rush, ed. Westport,Conn.: Greenwood Press, 1998.Pamela S. Karlan and Daniel R.Orvitz, "Constitutional Farce," inConstituti01wl Stupidities,Constitlltiollal Tragedies. William N.Eskridge, ed. New York: New YorkUniversity Press, 1998.Mark Kelman, "ConsumptionTheory, Production Theory, andIdeology in the Coase Theorem,"in Law alld EC0110mics Anthology.Kenneth G. Dau-Schmidt andThomas S. Ulen, eds. Cincinnati,Ohio: Anderson Publishing, 1998.Mark Kelman, "Legal Economistsand Normative Social Theory," inFoundations ofthe Economic Appl-oachto Law. Avery Wiener Katz, ed.New York: Oxford UniversityPress, 1998.John Henry Merryman, "TheCultural Property Dialogue," inLibel' Amico17Lm HectoT Fix-Zamudio.San Jose, Costa Rica: Secretaria dela Corte Interamericana deDerechos Humanos, 1998.A. Mitchell Polinsky, "Lessonsfrom the Theory ofEnforcement,"in Foundations ofthe Eco1UrmicAppToach to Law. Avery WienerKatz, ed. New York: OxfordUniversity Press, 1998.A, Mitchell Polinsky, "PublicEnforcement ofLaw," in The NewPalgrave Dictio11fl1Y ofEconolllic'S andthe Law. Peter Newman, ed. NewYork: Stockton Press, 1998.A. Mitchell Polinsky, "PunitiveDamages," in The New PalgraveDictiollfl1Y ofEcollrrmics find the Law.Peter Newman, ed. New York:Stockton Press, 1998.A. Mitchell Polinsky and StevenShavell, "The Optimal Tradeoff betweenthe Probability andMagnitude of Fines," in Foundationsofthe Economic Applwlcb to Law.Avery Wiener Katz, ed. New York:Oxford University Press, 1998.MargaretJane Radin,"Intellectual Property andIntellectual Capi.tal: The Role ofNonproprietary Technologies," inCapital fiJI' Our Time: The Economic,Legal and Manage1llent Challenges ofIntellectual Capital. NicholasImparato, ed. Stanford, Calif.Hoover Institution Press, 1999.Deborah L. Rhode, "The 'No­Problem' Problem: FeministChallenges and Cultural Change,"in Fe1IliniJt ]1l1'isp1"lldence, Womenand the Law: C1'itical Emlys, ReseanhAgenda, and Bibliography, by BettyTaylor, Sharon Rush, and Robert].Munro. Littleton, Colo.: Rothman& Co., 1999.Kenneth E. Scott, "Agency Costsand Corporate Governance," inThe New Palf51'ave Dictionary ofEconomics alld the Law. Peterewman, ed. New York: StocktonPress, 1998.Kenneth E. Scott, "InsiderTrading," in The New PalgraveDictio11my ofEconomics and the Law.Peter Newman, ed. New York:Stockton Press, 1998.Robert Weisberg, "The CriminalLaw Canon," in Can011S ofthe Lmv.Jack Balkin and Sanford Levinson,eds. New Haven: Yale UniversityPress, 1999 (forthcoming).O_CCASIONAlPA.PEJlSBem.ard Black, Gainan Avilov,Dominique Carreau, OksanaKozyr, Stilpon Nestor, and SarahReynolds, "General Principles ofCompany Law for TransitionEconomies," in Legal ScholaTShipNetw01'k (http://www.ssrn.com).July 1998.John]. 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THE orA PROSECUTOR WONDERS:Is the penalty just,just a penalty?SENTENCEGOESLIKETHISBY ADAM L. ROSMAN '95HE D EF END ANT is the guy standing 15 feettomy left. I'm the prosecutor. Six weeks ago, Iconvicted him ofPWID-Possession with Intentto Distribute-cocaine. VVllen the trial startedI said something like, "Ladies and gentleman ofthe jury"-sounding like an actor in a televisionshow-"the evidence will show that on thenight ofJune 12, 1997, that man"-and here Iwould have pointed at the defendant because the training peopletell us to do that. You have to point, they tell us, becauseifyou can't point,you can't convict. So I said, "that man," pointing,"sold crack cocaine. "It's six weeks later, and now the defendant needs to besentenced. The defense lawyer asks the judge to give his clientprobation, and then the defendant tells the judge, "I've learnedmy lesson this time, and now I know how dumb it is to getinvolved with drugs, Your Honor." The defendant stops, andthe judge turns to me and asks, "Does the government wishto be heard?" The judge knows the answer is yes, because thegovernment always has something to say at sentencing. So,"yes," I tell the judge, and then throw in, "just briefly, YourHonor," so the judge doesn't think I'm about to deliver a 20­minute monologue.I know a lot about the defendant, because during the trialI read his case jacket and talked to his probation officer, drugcounselor, some neighborhood people, others. I know abouthis education (high school), I know what he does for a living(cook in a local junior high school), I know who his girlfriendis (that's her sitting behind him), what his drug habits are (hetested positive for cocaine when he was arrested and admitsto marijuana use), his prior arrests (one PWID), the works. Ialso spoke to his lawyer, who, during a break in the trial, toldme, "My guy's not a bad guy-he just got mixed up with thewrong crowd. "I nodded slowly, like I knew what he was talkingabout, but I felt like saying, ''If your guy is such a goodguy, why was he selling dope two blocks from a schoo!?"Still, part ofme believed what the defense lawyersaid. Peer pressure, easy money-onewrong decision, cops in the rightplace, bam, locked up.So now it's my tum tosay something. "Your Honor,the defendant in this case hasbeen convicted of PWID cocaine."The sentence range forPWID is 0-30 years. It's unworkablebecause it's too big arange, and no one ever gets morethan five years for PWID anyway.The defendant is really lookingat probation-to-five-years.I look down at thePSR-Presentence Reportsittingon my table. It tells methings I already know: education,employment, priors, drugS SLIMMER 1999ILLUSTRATION BY !.IND" BLECJ...:

history. Everyone else in the courtroom-the judge, the defendant,the defense lawyer, spectators-is looking at me andwaiting. I'm thinking, a gllJ' with apriO'r PWlD shouldget a harshersentence than afirst-timer, plus, this guy was selling dope whilehe 7vas working at a school. What's fair is fair, right?I flip to the last page and see that the PSR writer, whoworks for the court and has seen a lot of cases, recommends"supervised probation." That sentence would mean the defendantwould walk out of the courtroom today, and if hestays out oftrouble and meets regularly with his probation officer,will soon enough be a free man.Everyone is still waiting-and as I'm reading this, I'mthinking, I won't go along 7vith that, no way, not with a pt'iorPWlD and the juniot· high school thing. This glf:y should do sometime. After all, someone thought the crime was serious enoughto warrant 30 years, and even though such a sentence is completelyunrealistic in this case, the fact that such a sentence ispossible says something about the implications ofa crime thatdamages a community and reduces the safety ofits streets. Andpart ofmy job is to ask for stiffsentences so the judge can comeoutsomewhere between my request and the defense attorney'scounter; we're two arbiters in a kind of an open-air market. Isay $200, defense says $100, judge decides $150.I turn to my left and look at the defendant. I shouldn'teven take the time to look, because everyone wants to move---.::'::~--__cases-the judge is busy, there are more sentencings,juries to pick, kids at home, et cetera. I lookat the defendant because I think it givesme a little more insight intohow serious he is whenhe tells the judge, "I'velearned my lesson."But I know that he has every incentive to appear like a nice guyto the judge and to me, and that my three-second stare reallygives me nothing. I look nonetheless, and I sometimes think,particularly when the defendant is YOW1g, this gllJ' is serious, thistrip through the system has done itfor him, he doesn't want to deal7JJith this crap anymore. He wants this to be over; and he believes, hebelieves, ifthe judgejwt cuts him one more break, he won't hustleanymoTe. He sees his girl out there, or his mother, and he seesa straight life, staying away from those "friends" who get himinto trouble. And when I lookat him, I see it too, and for a fewseconds I'm optimistic about this guy, the judge, the system.But then I see the PSR report in front of me, the priorPWID, his job in a school for god's sake, and I'm thinking, Idon't know thisf5l1J' at all; her making nice toda:y but he'll be laughingwith his friends tonight when he sta1'ts hustling again.The judge, the defendant, defense counsel, the girlfriend,the mother-they're waiting. I look up from the PSR,and say, "Your Honor, I have no reason to doubt that the defendantis serious today, when he tells the Court that he haslearned his lesson." Now everyone is attentive, especially thedefendant, because he knows what's coming. "However," Icontinue, "given the defendant's prior conviction for the samecrime, and the fact that the defendant was working in a juniorhigh school when he was arrested for this crime, the governmentrecOlmnends three years incarceration."No reaction from the defendant or the defense lawyer;they probably expected at least three years. The judge waitsa few seconds, looks at the defendant, and says to him, "Youpushed your luck-I gave you probation last time, but I can'tdo it again. Eighteen months in jail, followed by three yearsprobation." Bam.Everything moves quickly. The judge writes the sentenceon the] & C-]udgmentand Conunitrnent Order-andhands it to the clerk. The marshall, who has been standing behindthe defendant the whole time, steps forward andguides him backto the cellblock behind the courtroom.Just before he leaves, the defendant looks back to hisgirl, or his mom, or both-one last look-and then heis gone. I write the guy's sentence on my case jacket.The defense lawyer thanks the judge and leaves the courtroom.I stay at my table because there are more cases. Theclerk calls out, "On Your Honor's sentencing caJendar, UnitedStates versus Robert]ones, case nwnber F-8763-97." The defendantwalks out from the cellblock behind the courtroom,and stands behind the defense table.He's the guy st

DoubLe TakeTen classes celebrated their quinquennial reunions.(beIOlv): Members of the Half-Century Club and Class of 1948 pose at theirFaculty Club luncheon. Catherine L. Lee '53 and Class Correspondent andReunion Committee MemberJerome 1. Braun '53 remember old times.RUSS CURTISJudging the judiciaryAmong the six panel discussions held during the weekend,"How DoJudges Decide? Precedent Versus Philosophy,and the Role of Law Clerks" 'lttracted a dynamic group ofcommentators, including (left to right) Hon. JO'1I1Gottschall '73 of the U.s. District Court, NorthernDistrict of Illinois; Judge John Crown Professor of LawBarbara Babcock (moderator); Hon. Procter R. Hug, Jr.'58 of the U.s. Court of Appeals, Ninth Circuit; and Hon.LaDoris Cordell '74 of the Superior Court of the State ofCalifornia.RUSS CUWI'ISALawTHE LAW SCHOOL gave graduates and friends ahearty welcome back to campus during AlumniWeekend 'g8. The annual gathering, held last fall fromOctober 8 to 11, featured panel discussions, reunions with fellowclassmates, football action between the Stanford Cardinaland the Oregon State Beavers, and wine-tasting in CrockerGarden. The weekend also gave the School a chance to thankits most generous donors at the annual Dean's Circle Dinnerand to tap alumni volunteers forfeedback at the Delegates'Summit. With a record turnout of guests, Alumni Weekend 'g8brought together old friends and new.,~ ,UMMfK 1999

Ajob weLL done-and then someDean P,lul Brest presents John Levin '73 andStephen C. Neal '73 with a sample of the chairawarded to each in recognition of theirrecord-breaking efforts as gift co-chairs of their25th reunion, which nlised over $2 million forthe Law School.RICI-: \VILSOi'CaSouthOn January [5 in Los Angeles, then-Stanford University ProvostCondoleeza Rice spoke to a crowd of Law School and GraduateSchool of Businessin a Changing World:Will America AlwaysThe Hon. Ronald M.George '64, ChiefJustice ofthe Supreme Court ofCalifornia, addressedthe Law Society of Los Angeles about currentdevelopments in the st,He judicial system•at a March 15 luncheon.:.:.l'"u wClz:5""Law Society of San Diego chair Carolo Coppo '63 (right)peruses documents with host Ted Cranston '64 (cellte,) andSamanth,l L. Rijken '94 (left) at the group's February 3planning meeting at Gray Cary Ware & Freidenrich.ew Yorko'"zProfessor of Law and Deane F. Johnson FacultyScholar Barbara H. Fried makes a point at aDecember [ ew York Law Society roundtablediscussion titled "\Vho Wins Under a Flat Tax?"held at Paul Weiss Rifkind \Nharton &Garrison. Seated next to Fried (left) are Ralph M.Parsons Professor of Law and Business JosephBankman and hostJerome D. Bhlke '92., T j\ N I () R I) LAW' \' L It ~

Members of the Stanford Latino Law StudentsAssociation hosted a reception for studentsand alumni at the Law School, whereNorma D. Tabares COl) (left) and Adelbert H.Sweet Professor of Law Miguel A.Mendez (right) were on hand.The Law School and the Hoover Institutionat Stanford University presented a public lecturetitled "'vVho Owns the Environment?"Donors Martin '49 ("igbt) and lIlie (centa)Anderson (AB '48) spend a moment withenvironmental and natural resources expertTerry L. Anderson (left, no relation), theMartin and llIie Anderson Visiting Professorat Stanford Law School and the Martin andlIlie Anderson Senior Fellow at the HooverInstitution, after his speech.Last December was a busy time for Law School students and Bay Areaalums. At a reception for lL sn,dents and alumni at Dean Brest's home,Donald]. Querio'72 (left) chats with Eliz'lbeth K. Plageman COl) (rigbt).____LawGatheLffigsStanford Law Society of San Francisco co-chairRandal B. Short '70 welcomes Peter D. Bewley'71 at a reception following a guided tour ofan exhibit at the Yerba Buena Center for the Artsin March.In March, the Stanford LawSociety of Silicon Valleysponsored a discussion on"Law, Science andTechnology at Stanford, inSilicon V,111ey, and in theGlobal Economy" with apanel of Law School experts.Law Society chairPeter D. Staple '81 (left)talks with moderator Paul Goldstein (right), Stella W.and Ira S. Lillick Professor of Law, at the event.~ 'liMMII\ 1999

With sons Hans (left)and William (,-jgbt) inThe New Insane Clowns emerged as the winning team aftera tense showdown at the Battle of the Brains, an annual triviamatch between students and faculty to benefit the EastPalo Alto Community Law Project. Sponsored by area lawfirms and Lexis-Nexis, the February event raised $33,795.Professor David Millswarm glow of family ....._-"'...........__commitment to the East Palo Alto Community Law Projectand public interest programs at the Law School.No, they're not doing the Macarena, orthe Wave. New graduates (left to rigbt)Kristina Emanuels Phipps, Carol L.Francis, Donna L. Nixon, andChristine S. Wong take the oath at theClass of 1998 Swearing-in Ceremony atthe Law School in December.In December of last year,Dean Brest (cente1) headed to Korea andJapan to meet with Stanford Lawalumni and friends. Along with StevenG. Suda ("igbt) of the University'sOffice of Development, the dean wastreated to a tour of the Piwon (SecretGarden) Palace in Seoul byhostJung-Sug Chae (left), aformer Law Schoolvisiting scholar.,TANFORIl LAWVER m

lawuatheJil:u~The Law School reached out to its Washington, D.C. alumni with aspectacular regional celebration in the nation's capital.The March 4 event 'It Union Station feamred a panel discussion ofthe future of intermltional diplomacy titled "BraveEmerging Global Agenda for the 21st Century,"followed by dinner and a video presentation about the Law School.Was•Dean Brest (for left) and eventco-chair Miles L. Rubin '52 (farright) greet the lineup of distinguishedpanelists: (left to l'ight)Ambassador Thomas IvV Simons,J 1'., Consulting Professor ofHistory at Stanford University andDistinguished Visiting Fellow atthe Hoover Institution; WarrenChristopher '49, Senior PartnerStanford Law Society ofWashington, D.C., retiringco-chairs David J. r-!ayes '78(left), Acting DeputySecretary of the Departmentof the Interior, and MathewS. Nosanchuk '90 (1'ight) ,accept tokens of thanks fromJames C. Gaither '64, Chairof the Campaign forStanford Law School.at O'Me]veny & Myers ,mdformer U.s. Secretary of State;Carla A. Hills, AB '55, Chair and(Right): Hon. William H. Rehnquist '52, ChiefJustice of thenited States; Cara W. RobertsonCEO, Hills & Company, and former.S. Trade Representative;'97; and Hon. Sandra Day O'Connor '52,and Thomas j. Campbell,Professor of Law at Stanford andmember of the U.S. House ofRepresentatives.Associate Justice of theU. S. Supreme Court, enjoy the evening's livelydiscussion along with Hon.Brooksley E. Born '64.ED \UMMlR 1999 PIIOTOGRAPIIS BY f):\\'rD HATIICOX

f_ r011 _'p_Oge_25--1professors in EmuOlin Program in Law and Michigan Law Review 843 (1999). White, "Notes from the Editorial Review 1333 (1999).Economics Working Paper No. 156Barbara H. Fried, "Who GetsAdvisory Board," 10 rale Jrmrnal ofWilliam H. Simon, "The Legal(1998).Law and the Humanities 389 (1998).Utility from Bequests? Theand the Ethical in Legal Ethics: AJohn). Donohue ill and Steven Distributive and Welfare Impli- ). MyronJacobstein, "The Dean Brief Rejoinder to Comments onD. Levitt, "The Impact of Race on cations for a Consumption Tax," 51 ofLaw Librarians," 91 Law Library The Practice ofJustice," 51 StanfordPolicing, Arrest Patterns and Stanford Law Review 641 (1999). Journal 227 (1999). Law Review 991 (1999).Crime," National Bureau ofLawrence M. Friedman, "Law Pamela S. Karlan, "The Path of William H. Simon, ''''ThinkingEconomic Research Working PaperReviews and Legal Scholarship: the Law Finn: A Comment on Like a Lawyer" about EthicalNo. 6784 (November 1998).Some Comments," 75 Denver Ribstein's Ethical Rules, Agency Questions," 27 Hofstra Law ReviewGeorge Fisher, "Power Play: Plea University Law Review 661 (1998). Costs, and Law Finn Structure," 84 1 (1998).Bargaining's Rise and Triumph,"Lawrence M. Friedman, "SomeVirginia Law Review 1761 (1998).Kathleen M. Sullivan, "AfterStanford Law School. WorkingNotes on the CivilJury in Pamela S. Karlan, "Race, Rights, Affinnative Action," 59 Ohio StatePaper, (November 1998).Historical Perspective," 48 DePaul and Remedies in Criminal Law Journal 1039 (1998).Ronald J. Gilson, "The Legal Law Re'view 201 (1998). Adjudication," 96 Michigan LawKathleen M. Sullivan, "AgainstInfrastructure of High TechnologyReview 2001 (1998).Lawrence M. Friedman, "SomeCampaign Finance Reform," 1998Industrial Districts: Silicon Valley,Remarks on Crime, Violence, Pamela S. Karlan and Daniel R. Utah Law Review 311 (1998).Route 128, and Covenants Not toHistory and Culture," 69 UniveTSity Ortiz, "Constitutional Elitism?Compete," in Legal Schola7"ShipKathleen M. Sullivan, "Behind theofCol01'ado Lau' Review 1121 (1998). Some Skepticism about DogmaticNetw01'k (http://www.ssm.com),JulyCrimson Curtain," XLV New Y01,k1998. Lawrence M. Friedman,Assertions," 30 McGeorge LawReview ofBooks 15 (October 8,Review 117 (1998)."Symposium Introduction1998).A. Mitchell Polinsky and Steven(Symposium Issue: Living Longer: Pamela S. Karlan and TedShavell, "Corruption and OptimalKathleen M. Sullivan, "DefiningA Legal Response to Aging in Schneyer, "Commentaries," 84Law Enforcement," Stanford LawDemocracy Down," 41 TheAmerica)," 9 Stanford Law and Policy Vil-ginia Law Review 1761 (1998).School, John M. Olin Program inAmerican Prospect 91 (November-Review 232 (1998).Law and Economics WorkingMichael Klausner, Geoffrey December 1998).PaperNo. 171 (1999). Henry T. Greely, "Banning Miller, and Richard Painter,Kathleen M. Sullivan,'Human Cloning': A Study in the "Second Opinions in Litigation," 84A. Mitchell Polinsky and Steven"Discrimination, Distribution, andDifficulties of Defining Science," 8 Virginia Law Review 1411 (1998).Shavell, "The Economic Theory ofCity Regulation of Speech," 25Southe'l7I Califo17lia InterdisciplinaryPublic Enforcement of Law,"John Henry Merryman,Hastings Constitutional Law Quartr:r~yLaw Jou171al 131 (1998),Stanford Law School, John M. Olin"Comparative Law Scholarship," 21 209 (1998).Program in Law and Economics Henry T. Greely, "Legal, Ethical Hastings International andKathleen M. Sullivan, "EpistemicWorking Paper No. 159 (1998). and Social Issues in Human Comparative Law Review 771 (1998).Democracy and Minority Rights,"Genome Research," 27 AnnualA. Mitchell Polinsky and StevenJohn Henry Merryman, "The 86 Calif017lia Law Review 445Review ofAnthropology 473 (1998).Shavell, "The Fairness of Sanctions:Free International Movement of (1998).Some Implications for Optimal Henry T. Greely, "Richard Cultural Property," 31 New YorkKathleen M. Sullivan, "FirstEnforcement Policy," John M. Olin Epstein's Moral Peril: Ebenezer Journal ofInternational Law andAmendment Intennediaries in theProgram in Law and Economics Scrooge Meets the American Politics 1 (1998).Age of Cyberspace," 45 University ofWorking Paper No. 167 (1998). Health Care System," 1998A. Mitchell Polinsky and Steven Calif017lia Los Angeles Law ReviewUniversity ofIllinois Law Review 72 7ARTICLESShavell, "On the Disutility and 1653 (1998).(1998).Discounting ofImprisonment andBarbara Allen Babcock, "MakingKathleen M. Sullivan, "TheHenry T. Greely, "Special the Theory ofDeterrence," 28History: Lelia Robinson's Index toIntersection ofFree Speech and theProblems in Genetic Testing for Journal ofLegal Studies 1 (1999).American Women Lawyers," 2Legal Profession," 67 Fordham LawAlzheimer Disease," 3 GeneticGreenBag 65 (1998). A. Mitchell Polinsky and Steven Review 569 (1998).Testing 115 (May 1999).Shavell, "On Offense History andBernard S. Black and RonaldJ.Kathleen M. Sullivan, "TheHenry T. Greely, Barbara A. the Theory of Deterrence," 18Gilson, "Does Venture CapitalJurisprudence of the RehnquistKoenig, Laura McConnell, and International Review ofLaw andRequire an Active Stock Market?,"Court. (The Rehnquist Years: AThomas A. Raffin, "Genetic Testing &onomics 305 (1998).11 Journal ofApplied C01porate Supreme Court Retrospective)," 22and Alzheimer Disease: Has theFinance 36 (1999).Deborah L. Rhode, "Creating Nova Law Review 743 (1998).Time Come?," 4 Namre MedicineCultures ofCommitment: ProPaul Brest, "The Alternative 757 (1998).Barton H. Thompson, Jr.,Bono Activities in Law Schools," 98Dispute Resolution Grab Bag:"People or Prairie Chickens: TheHenry T. Greely, Barbara A. AALS Newsletter 1 (NovemberComplementary Curriculum,Uncertain Search for OptimalKoenig, Laura McConnell, and 1998).Collaboration, and the PervasiveBiodiversity," 51 Stanford LawThomas A. Raffin, and HeatherMethod," 50 1:''Iorida Law ReviewDeborah L. Rhode, "Legal Review 1127 (1999).Silverberg, "Genetic Testing and753 (1998). Harassment," The Nation 4Alzheimer Disease: PGESNEWSPAPER ARTICLES(February 15, 1999).Richard Craswell, "Deterrence Recommendations," 3 Genetic a. ~T H.E.R WJlRXSand Damages: The Multiplier Testing 3 (May 1999). Deborah L. Rhode, "SymposiumPaul Brest, William Cohen,Principle and Its Alternatives,"Introduction: In Pursuit ofJustice,"Henry T. Greely, Barbara A.Gerald Gunther, Pamela S.97 Michigan Law Review 51 Stanftrd Law Revieu' 867 (1999).Koenig, Laura McConnell, ThomasKarlan, Deborah L. Rhode,(Forthcoming 1999).A. Raffin and Heather Silverberg, Deborah L. Rhode, "Too Much Kathleen Sullivan, David WJohnJ. Donohue ill, "PGES Recommendations on Law, Too Little Justice: Too Much Brady, and Jack N. Rakove, "A"Understanding the Time Path of Genetic Testing for Breast Cancer Rhetoric, Too Little Reform," 11 Discussion ofImpeachment," vide-Crime," 88 J01l17lal ofOi111inill Law Susceptibility," 7 J01l1'11al ofWomen 's Ge01-getrfll'lI Journal ofLegal Ethics orecording, Stanford Channel,and Criminology 1423 (1998). Health 531 (1998). 989 (1998). Stanford University, October 1998.Richard T. Ford, "Law's Territory Janet E. Halley, Hendrik Hartog, Kenneth E. Scott, "Electronic(A History ofJurisdiction)," 97 Richard Weisberg, and James Boyd Commerce Revisited," Stanftrd Law Continued on page 68'1,\NIl1Rll l A \X' \. [ R~

from page 11pedagogy, such as "situational" case studiesand collaborative learning. Many ofthese efforts are subsumed in the newInitiative in Law, Business, and PublicPolicy.These and all other curricular developmentsultimately flow from onesource-thevital strength ofthe Schoolthefaculty. My proudest legacy is a facultythat is the envy oflegal academia. Inaddition to their excellence in scholarshipand commitment to professional education,our faculty is diverse in every dimension-rangingfrom disciplinary approachesto gender, race, and sexualorientation. Itis a faculty that gets alongwell with each other and with the students.My pride in these achievements istempered by two observations. First,though Stanford has the most racially diversefaculty ofany peer law school in thecountry, I am disappointed that, despitesincere efforts, we have not increased thefaculty's racial diversity during my deanship.I know that Kathleen Sullivan willredouble our efforts in this regard.Second, to be realistically modest, there'sa huge amount ofchance in recruiting andretaining the very best faculty in the country,especially when they are constantlybeing courted by other institutions.But we would not have even had thechance-we would not have been at thetable-butfor the supportofthe School'salumni and friends. It was a fiscal crisisin 1991 that led me to begin my fall letter:"Your law school is in peril." Whilesome thought this hyperbolic, it was aplain fact that Stanford's faculty compensationhad become dangerously subcompetitivewith peer schools and that wewere losing faculty to those schools.We initially attributed the School'sfinancial troubles to a combination oftheLorna Prieta earthquake, the University'sindirect costs problems, the recession ofthe early 1990s, and the rising cost ofPeninsula real estate. But we soon understoodthat these events merely exacerbateda problem ofmuch longer standing:Stanford alumni were not supportingtheir law school in the same numbers andat the same levels as the graduates ofpeerschools. And the fault was ours: We hadnot stayed in close contact with alumni.We had not engaged them in the School'smission. And we had not worked to developa strong tradition ofgiving.There has been a sea change.Starting with the Board ofVisitors' 2010Task Force and the Dean's AdvisoryCouncil that planned the Campaign forStanford Law School, and continuingwith many regional advisory meetingson the School's programs, we have developeda uniquely productive, consul-tative mode ofinteraction. In addition togaining needed financial support, thishas contributed to curricular improvementsand to valuable networks amongalumni, faculty, and students. Deans andfaculty will come and go, but with continuednurture, Stanford Law School'sextended community will only grow instrength. Many of us have worked togetherto bring this about, and we canshare great pride in this achievement.Until recently, I had every intentionof returning to the full-time faculty.Then along came an opportunity thatI found irresistible: the presidency oftheWilliam and Flora Hewlett Foundation.What can a recovering dean contributeto one of the nation's largest foundations?As I almost told a brash student reporterwho asked this question: Considerthe contribution that a retired safecrackercould make as a bank's security guard. Inany event, it will be interesting to see theworld from the other side of the table.When I accepted the position,Gerhard Casper commented that Iris andI would never again know who our realfriends were. That may be true goingforward-I certainly have gained quite afew new acquaintances in the last month.But in 30 years at Stanford and 12 yearsas dean, we have made many friends inthe University and its extended family,and we greatly look forward to sustainingand nurturing these friendships inthe years to come. _f"0111 page 67Henry T. Greely, "Bragdon v. Abbott, TheAmericans with Disabilities Act, and HIVInfection," Letter to the Editor, New EnglandJmlrnalofhteduine,April 15, 1999,p. 1213.HenryT. Greely, "Genetic Testing for Cancers:The Surgeons' Critical Role," remarks, Journal ofthe American College ofSurgeons, January 1999, p.86.Henry T. Greely, "Genomics Research andHuman Subjects," editorial, Science, October 23,1998, p. 625.Henry T. Greely, "The Human Side ofGenomics Research," The Stanford Repo1't, p.16March 17, 1999, p. 16.Henry T. Greely, "The Regulation of PrivateHealth Insurance," in Health Care Corporate Law(1998 supplement), Mark Hall, ed. Boston: Little,Brown, 1998.Miguel A. Mendez, "The Town Hall Meeting:One Perspective: A Word from Professor MiguelMendez," Stanford Public Interest Newsletter,February 16,1999, p. 2.Deborah L. Rhode, "Danger or Delight? IsRomance at Work All Bad?," National LawJournal,November 23, 1998, p. AZI.DeborahL. Rhode, "Re-Reform Welfare Laws,"National Law Journal, May 10, 1999, p. AZ6.Deborah L. Rhode, "Sex Harassment Remains aProblem in Schools," National LawJ(lllrnal, October5,1998, p. AZS.Deborah L. Rhode, "Solomon Amendments CurbAcademic Freedom," National Law Journal,February 1, 1999, p. AZI.KathleenM. SuIlivan, "1999 Resolved: The Law:Put Politics Back Where It Belongs," WashingtonPost, January 3,1999, p. C4.Kathleen M. SuIlvian, "Madison Got it Backward,"New York Times, February 16, 1999, p. A19.This bibliography was compiled by Erika Wayne,reference and Internet services librarian,Robert Crown Law Library. Continuouslyupdated, it is available online athttp://www.stanford.edu/groupllaw/libnry/wbatl1awbib.htm~ SLIMMER 1999

STANFORD LAW SCHOOLCAMPAIGN DONOR RECOGNITION GALLERYrStanford Law School is pleased to announce the creation of a unique recognition piecein honor of contributors to the Campaign for Stanford Law School. The CampaignDonor Recognition Gallery will recognize major donors and annual donors who made giftsfrom September 1, 1994, to August 31, 1999. Located in the James Irvine Gallery of the LawSchool's Crown Quadrangle, this innovative display will use gradations in type size to indicatethe magnitude of each donor's generosity to the School.For more information about theCampaign and the Gallery, pleasecall Catherine Nardone, Director ofDevelopment, Stanford Law School,at (650) 725-8115.Sample names of major donors as they are projected to appearin the Law School's new Campaign Donor Recognition Gallery.Images courtesy of Donavan Kindle of the design firm A.D.Johnson.

STANFORD UNIVERSI fYSTANFORD LAW SCHOOLCROWN QUADRANGLE559 NATHAN ASSOD WAYSTANFORD, CA 94305-8610Non Profit OrganizationU,S, PostagePAIDPalo Alto, CAPermit No, 28STANFORD LAW SCHOOLCELEBRATIONALUMNI WEEKENDThursday to SundayOctober 14 to 17Hon. SandraDay O'Connor,AB '50,LLB '52AssociateJustice oftbeus. SlIjJremeCourtHon. AnthonyM. Kennedy,AB '58Associatejllstice ojtheUS.SujJremeCOllrlHon. StephenG. Breyer,AB '59Associatejllstice oJ theUS. SlIjJremeCourt,~ '.,,--.... -.i' ,I ".'"·-,1\ ,I{~.'99A truly historic gatheting of alumni, friends, students, and faculty celebrating Stanford Law School's oursranding achievements andfuture promise in its mission of preparing skilled and ethical problem-solvers and leaders in law, business, and the public seceor.FeaturingHon. GrayDavis, AB '64CovemoroJCaliforniaCharles R.Schwab,AB '59, MBA '61ClJain1JQn andCo-CEO,Tile CharlesScbwabC0I1JoralioJlHon. Ronald M.George,JD '64CMeJJustice ojtheSU/Jrel11e Coul'loJ California• Illuminating discussions with distinguished panelistsHIGHLIGHTS OF THIS EXTRAORDINARY WEEKEND WILL INCLUDE:Convocation on Law: The U.S. Supreme Court in Glohal PerspectiveA panel disl'ussioll tl'aturing ASM>l'iatl' Justices Sandra Day (rConnof. Anthony.v\. Kenne(h'. and Stephen ( .. Ilreyn. and moderated hy Dean Kathleen ,v\.Sullivan. Richard E. Lang Professor of I.aw and Stanley ,\1orrison Professor ofLaw.Convocation on Business: Wall Street's Romance with the Internet-Canthe Magic Last?Charles H. Sdlwab moderates a panel discussion addn:ssing the question andwhat it will mean for investors and the future of technology,Keynote AddressCalifornia gO\'lTnOr (iray Davis speaks on the state of education and the inlportantroIL- that Stanford and other universities play in enhandng thl" econoillicand intd1l'clUal power hasc of Silicon Valley. Calif(lrnia. and the nation.Judiciary Atrium DedicationlIonoring thc numerous Stanford Law School alumni who ha\'l' seryed on thehench.Judiciary Atrium Dedication Luncheon Panel: Courthouse andCommunity-The Judiciary's Changing Relationship with the PublicFeaturing lion, Ronald "'I, (;eorge. Chid.lustiee of the Supreme Court ofCalif(lrnia: lion. Susan Y. IIlston. .ID ·~5. [:.S. District Court of the :'\iorthernDistrict of Calif(,rnia: lion. Dayid Frank L""i . .Ill ·HO. [ ,S, District Court of theEastern District of Calif()rnia: and lion. I'amda Ann Rymer. LUI ·(H. [ .S. Courtof Appeals. :\inth Circuit.• Enlightening intellectual exchangesClasses \'\,ithout ()uizzes taught by eillinent Stanford Law School and l'ni\'l'rsityfaculty.• Elegant dining and entertainmentCelebration Under the StarsA starlit dinner on the l'niversity's ~1ain Quad. A tinle to rClninisl'c with oldfriends ami reflect on Stanf(m] Law School's exciting plans t(lt the future.Reunion Dinner/Dance at Stanford Law SchoolDine with fellow dasstnates in your own class payilion, then join otherreunion celebrants to dance the night away,Special reunion activities will he hdd f(lt the I. I'J';'J. I'J';I. and I'JI'J,l'1l'ase note: llis Excellency Koli Annan. Secretary {;eneral of the ['nitedNations. originally schedu1l'd III deliyer the .Iackson II, Iblsllln Lecture inInternational Law. has had III postpone his \'isit III Stanf()f(LFor further information, ~Iease call the Alumni Relations Office at(650 723·2730, or e-maillaw.a1umni.re ations®forsythe.stanford.edu.