Summer 1999 – Issue 55 - Stanford Lawyer - Stanford University

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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
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Summer 1999 – Issue 55 - Stanford Lawyer - Stanford University

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