Georgetown Law home page Continuing Legal Education A-Z index Directories Search Student Services Admissions & Financial Aid Academic Programs About Georgetown Law Alumni Workshops & Institutes Library Faculty & Administration About this site Site map

Deanpage Archive

ruler

Click on the links below to browse previous Deanpage postings.

OR Browse by topic

 


 

November 27, 2006 - During the last week of October 2006, the Law Center’s Institute of International Economic Law (IIEL) convened the first annual WTO Law & Policy Academy.  The Academy, an intensive week-long program, brought a diverse group of nearly sixty lawyers and other professionals from eleven different countries to campus.  Participants came from government agencies, NGOs, law firms, corporations and academia.

The Academy provides training to those from developing countries and transition economies as well as from developed countries.  Specific topics covered included: WTO institutional issues and dispute settlement, basic market access principles and exceptions, agriculture, import restrictions & trade remedy rules, subsidies, services, intellectual property protection, regional trade agreements, accession of new members, and other current and future challenges facing the world trading system (such as  developing country concerns, environment, labor, health, investment and competition policy issues).  A full program agenda is available at:
 http://www.law.georgetown.edu/iielacademy.

The Academy is chaired by University Professor and IIEL Director John H. Jackson and Adjunct Professor Jane Bradley, IIEL Deputy Director.  The Academy faculty of international trade law experts includes academics, lawyers and former government officials, who have represented parties before the WTO or helped negotiate or implement the treaties.

For a number of years the Institute has offered a Certificate in WTO Studies to Georgetown Law students who meet certain course requirements.  Recognizing that practicing lawyers and government officials have limited time to undertake professional development training, the Law Center can provide through the Academy an opportunity for detailed examination of the WTO in a concentrated fashion.

The success of the program has permitted us to schedule a 2007 Academy, tentatively slated for October 29-November 2, 2007.

back to top

 

November 1, 2006 – In an earlier post I had mentioned changes to the Law Center’s Legal Writing Program. I wanted to fill you in on some of these changes and our goal for the program.

We have had for many years a very strong Legal Research & Writing program at the Law Center with a talented and dedicated faculty. Last year, I appointed a committee to look at the program and to give advice on maintaining its strengths and any possible improvements that could be made. Their proposals were approved by the Faculty last spring.

The most significant aspect of the changes is a dramatic reduction in the size of first year Legal Research and Writing classes. Up until now, Legal Research and Writing professors have lectured to an entire section, with law fellows (2nd and 3rd year students) teaching small sections. Once the changes are fully in place, Legal Research and Writing professors will teach classes of approximately 30 students. This will permit much closer supervision of student writing and a far better learning experience.

To accomplish these changes, we have hired three new faculty members for the Legal Research and Writing Program:

  • Professor Heather McCabe (who has taught legal research and writing at American University's Washington College of Law since 2002)
  • Professor Jeffrey Shulman (who has a J.D. from Georgetown Law and a Ph.D. in English literature from the University of Wisconsin-Madison) 
  • Professor David Wolitz (a Yale Law School graduate who comes to Georgetown from the U.S. Department of Commerce)

To complete the reforms several more professors will be hired this year.

In addition to revising and strengthening our Legal Research and Writing Program, we have also been looking at ways to provide additional practice and training for our graduates and other practitioners. To that end, we have just formed a new Legal Writing Academy as a part of our Continuing Legal Education department. The Legal Writing Academy will build upon the strengths of our Legal Research & Writing Programs and our CLE programs to serve as a national training resource for lawyers from diverse backgrounds: private firms, government, corporations, and non-profit organizations.

The program curriculum will be developed to appeal to attorneys at all levels in their careers. An advisory board representing several prominent law firms, government agencies, and academia has been established to assist with curriculum development.

The Academy will provide traditional seminars at the Law Center and in-house training sessions at firms or agencies.

back to top

 

October 6, 2006 - I have written before about the rule of law and the importance of an independent judiciary. These crucial components of the American form of government—indeed, of any decent system of governance—were central in two significant events at the Law Center last week.

On Monday, September 25th, the Georgetown Law Forum sponsored a panel discussion on Guantánamo and the Rule of Law: Military Tribunals and the Geneva Conventions. We heard from Philip Zelikow, Counselor to Secretary of State Condoleeza Rice; Professor Neal Katyal; Colonel Lawrence J. Morris, Chief of the United States Army Trial Defense Service; and Deborah Pearlstein, Human Rights First. The panelists focused on the legislation hammered out between the Administration and (primarily) Republican Senators Graham, McCain, and Warner establishing rules for military commissions and compliance with the Geneva Conventions. (The legislation was necessitated by Professor Katyal’s victory in Hamdan v. Rumsfeld last Spring, which held that the military commissions established by the President after September 11 violated federal and international law.) I have deep concerns about some aspects of the legislation, particularly the provisions that strip courts of jurisdiction to hear claims that the Conventions have been violated. Judicial review of executive branch conduct is a hallmark of both the rule of law and the separation of powers that serves to protect liberty. Furthermore, provisions in the law that treat U.S. citizens and non-citizens differently are likely to be subject to constitutional attack. At the same time, the fact that Congress has finally taken up its constitutional responsibility to fashion rules for the military commissions, interrogations and detention is a welcome development.

The idea of the rule of law means more than complying with the rules of law. It is an aspirational notion, one that evokes images of a just system of laws administered justly. As noted, courts play an indispensable role in supporting the rule of law in mature democracies. This is not to say, of course, that courts are immune from error, prejudice and sometimes even corruption. Neither can they be immune from criticism. But as was explored at the Conference on a Fair and Independent Judiciary held at the Law Center on September 28-29, recent attacks on the judiciary threaten the independence of judges and thereby threaten our constitutional system of checks and balances.

The Conference was co-chaired by former Justice Sandra Day O’Connor and Justice Stephen Breyer and co-sponsored by the American Law Institute. Six sitting members of the Supreme Court attended the Conference, as did the Attorney General and Solicitor General of the United States, state and federal judges, former members of Congress, business leaders, members of the media, law deans and academics.

The entire proceedings of the Conference are available on the Georgetown Law website [see http://www.law.georgetown.edu/judiciary/program.html]. The Law Center was proud to sponsor the Conference and proud to welcome to campus the many distinguished participants. Here is a list of some of the important considerations that were discussed:

• Attacks on the courts appear to be on the rise.

• There is a general lack of understanding about the judiciary; a major educational effort—at all levels and among the media—is needed.

• Corporate America is opting out of court system because of burdensome discovery and tort system, particularly punitive damages.

• Judicial selection needs to be reformed; the federal nomination process is broken and disturbing amounts of money are being spent on state judicial elections.

• Supreme Court arguments should be broadcast.

• Access to courts must be improved for low-income persons.

• Judicial compensation is probably too low, creating recruitment and retention problems for the courts.

• Interbranch relations need to be improved.

The Law Center will stay engaged in these issues, serving as the home for follow-on work from the Conference.

back to top

September 12, 2006 – As the first weeks of classes are underway, I want to tell you more about the entering class. They are an extraordinary group both in terms of qualifications and life experiences. Here are some facts about the class:

This year’s entering class has students from 47 states and 11 foreign countries, representing 205 different colleges and universities.

This year, almost two-thirds (63%) of our Day students have taken some time off before coming to law school.

Eighty students in the full-time and part-time divisions have advanced degrees; 11 have Ph.D.’s.

The top “home” states of our full-time students are:

  1. California
  2. New York
  3. Maryland
  4. Florida
  5. District of Columbia
  6. Virginia
  7. New Jersey
  8. Massachusetts
  9. Pennsylvania
  10. Texas

The top five majors represented in this year’s class are:

  • Political Science
  • English
  • History
  • International Relations
  • Economics

Andy Cornblatt, Dean of Admissions, adds these comments:

Once again this year we have an extraordinary variety of backgrounds in our first year class. We have sixteen teachers, five from Teach for America and one who is a primary school teacher in a refugee camp in Ghana. We have five patent examiners, a disc jockey, two professional actors, the Executive Director of Business Affairs for AOL Europe, and two ballerinas. We have eight student body presidents, one who is North American Director of the World Youth Alliance, a Chinese linguist for the Army, three newspaper reporters, and the Director of Community Affairs for the New York City Council.

I am particularly delighted that along with their outstanding statistical credentials, this year’s entering class has continued our strong commitment to public service. We have four members of Americorps, one who managed homeless assistance grants to Illinois, three members of the Jesuit Volunteer Corps, and nine Peace Corps volunteers, including one who led development projects in Ecuador, one currently helping with refugee resettlement in Africa, and one who speaks nine languages who co-authored a guide for literacy training for Vanuatu’s Ministry of Education. In the last two years, we have had eleven Americorps volunteers and twenty-one Peace Corps workers.

We have forty-nine Varsity athletes, including three academic All-Americans, a professional volleyball player, a collegiate boxer, an All-American long distance track runner, and a rower for the U.S. National team which just finished fifth in the world championships this past weekend. We have four editors of their school newspapers, two admissions officers, the chief scientist for telecommunications at GAO, a Korean patent attorney who holds two patents, the winner of a nationwide science innovation contest, and the Director of Photography for over fifteen movies.

We have three Truman Scholars and five Fulbright Scholars, one of whom is the head of Democratization for the organization for Security in the European Mission to Serbia. In the past five years, we have had thirty-six Fulbright Scholars and fourteen Truman Scholars. We have the Assistant Chief Patrol Agent for Homeland Security, the Deputy Chief of Staff for Boston Emergency Medical Services, and two lead guitarists for professional rock bands.

We have twelve members of the military including a Marine Sergeant awarded a medal for heroic action in Iraq, a Navy fighter pilot, a law enforcement specialist for the Navy, and a Marine Colonel who is the Director of the Readiness Division for the Inspector General of the Marine Corps. We also have a circuit design engineer and a senior electrical engineer at NASA, a cryptoanalyst at the Defense Department, and a program manager for Africare.

Also, we have two professors, one of Sociology, and one of Classics who authored a report for the UN Committee to eliminate discrimination in Turkmenistan. We have three national champion debaters, two mock trial national champions, and a Chinese law graduate who was the National English debating champion in China. Finally, we have an expert Scrabble player, formerly number one in the country 21 and under, and a cardiologist who was the First African American to finish an internship at John Hopkins.

back to top

 

August 30, 2006 – Summer is suddenly over, as the returning students are back this week interviewing for jobs in the On-campus Early Interview Week. Approximately 15,000 interviews will be conducted this year.

The entering class of students is stronger than ever. We received about 11,200 applications for 450 places in the full time J.D. program and 125 in the evening program. The median LSAT score of the entering class was 169 (the 98th percentile) and the median GPA increased to 3.71, both figures the highest ever. More information about this entering class will follow in my next entry.

We are pleased to welcome five new members to our faculty this year:

Professor Randy Barnett joins the Georgetown Law faculty this fall as the Carmack Waterhouse Professor of Legal Theory after serving as a visiting professor. Most recently, he was the Austin B. Fletcher Professor at the Boston University School of Law, where he taught constitutional law, contracts and cyber law, as well as torts, criminal law, evidence, agency and partnership and jurisprudence. Barnett graduated from Northwestern University and Harvard Law School and later served as a visiting professor at each of his alma maters. He was a prosecutor in the Cook County State’s Attorney's Office in Chicago, and in 2004, argued the medical marijuana case of Gonzales v. Raich in the U.S. Supreme Court. Barnett has produced more than 80 articles and reviews, as well as seven books, including “Restoring the Lost Constitution: The Presumption of Liberty" (Princeton, 2004), "Contract Cases and Doctrine" (Aspen, 3rd ed. 2003), and "The Structure of Liberty: Justice and the Rule of Law" (Oxford, 1998). He will be teaching contract law, constitutional law, and a range of seminars.

Professor Rosa Ehrenreich Brooks also joins the Georgetown Law full-time faculty after serving as a visiting professor. Brooks holds degrees from Harvard, Oxford, and Yale Law School. From 2001-2006, she was an associate professor at the University of Virginia School of Law. In 2000-2001, she was a fellow at the Carr Center for Human Rights Policy at Harvard’s Kennedy School of Government and a consultant to the Open Society Institute and to Human Rights Watch. Brooks worked at the U.S. State Department until 1999, where she was senior advisor to the Assistant Secretary of State for Democracy, Human Rights and Labor. Before joining the State Department, Brooks was a lecturer at Yale Law School, where she also served as acting director of Yale's Schell Center for International Human Rights Law and faculty supervisor of the Lowenstein Human Rights Law Clinic. Her current research focuses on human rights, terrorism and the law of war, and post-conflict rule of law issues. Her book, "Can Might Make Rights?" (Cambridge, 2006), will be published this fall; co-authored with David Wippman and Georgetown Law professor Jane Stromseth, the book looks at the difficult issue of restoring the rule of law in the wake of military interventions. She also writes a weekly column for the Los Angeles Times.

We have added three new Legal Research & Writing faculty members as part of a new legal writing program (which I will describe is more detail in a subsequent post).

Professor Heather McCabe taught legal research and writing at American University's Washington College of Law since 2002, where she just completed teaching a course in family law. She is a graduate of Amherst College and the George Washington University Law School. After law school, McCabe practiced with the firm of Mason, Ketterman & Morgan in Baltimore and Annapolis, Md., and then established her own family law practice in Maryland. She has been of counsel to Mason, Cawood & Hobbs in Annapolis, Md. since 2001. Her research and teaching interests include legal analysis, research and writing, including curricular development, and family law. She has a particular interest in the impact of assisted reproductive technology on custody and parental rights determinations.

Professor Jeffrey Shulman received a B.A. in English literature from the University of Maryland, an M.A. and Ph.D. in English literature from the University of Wisconsin-Madison, and a J.D. from Georgetown Law. From 1984 to 2005, he taught in the English department at Georgetown University. After graduating from Georgetown Law in 2005, he worked for the Washington, D.C., Public Defenders Service as a D.C. Bar pro bono fellow. He was an associate at Sidley Austin in Washington, D.C., from 2005-2006. Shulman has written on the constitutional implications of spiritual custody disputes (Journal of Law and Family Studies, 2005); he also co-edited "Robert Kennedy In His Own Words" (Bantam, 1988), and has published numerous works of literary criticism on classical and Renaissance literature. His research focuses on the relational character of constitutional rights and the law of church and state; he is especially interested in statutory efforts to determine the scope of the Free Exercise Clause, religion and family law issues, and the ministerial exemption.

Professor David Wolitz comes to Georgetown from the U.S. Department of Commerce where he was an attorney specializing in the anti-proliferation controls administered by the Bureau of Industry & Security. Prior to this, he practiced in the litigation department of the law firm of Morrison & Foerster and served as the deputy director of the Oxford Program in Comparative Media Law. Wolitz is a graduate of Stanford University and Yale Law School. In 2003-2004, he was a Blakemore-Freeman Fellow at the Inter-University Center for Japanese Studies in Yokohama, Japan, where he studied Japanese and researched various proposals to amend the Japanese constitution. His research interests include legal discourse analysis, national security law, and comparative jurisprudence.

back to top


 

July 13, 2006 - The Supreme Court’s decision in Hamdan v. Rumsfeld, announced the final day of the Court’s term, is of surpassing importance as this nation wages its war against terrorism. Professor Neal Katyal represented Hamdan, whom the government alleges was at one time Osama bin Laden’s bodyguard and driver and had received training at an al Qaeda camp. Hamdan was apprehended in Afghanistan in 2001 and transported to Guantánamo Naval Base shortly thereafter; he has been detained there since. In 2004, Hamdan was charged with war crimes and scheduled for trial before a military commission that had been convened pursuant to an Executive Order issued by President Bush shortly after the September 11 attacks on the U.S. A majority of the Court accepted Neal’s argument that the structure and procedures of the military commissions were illegal under federal law and the Geneva Conventions relative to the Treatment of Prisoners of War.

Hamdan has been read by some legal experts in separation of powers terms; that is, they see the Court as insisting that Congress be involved in the establishment of procedures for trying detainees for war crimes. This reading, which is buttressed by Justice Breyer’s concurring opinion in the case, would recognize power in Congress to authorize the kind of tribunals that the President sought to constitute on his own. My reading of the case is a bit different. I think that underlying the Court’s decision are fundamental principles of fair procedure implicit in the idea of the Rule of Law and international law—norms that both Congress and the Executive Branch are bound to respect.

Whatever the ultimate meaning of Hamdan, its immediate impact has been dramatic: the Executive Branch has abandoned its earlier position that al Qaeda and Taliban detainees are not protected by the Geneva Conventions; and the Pentagon has ordered all Department of Defense personnel to review policies and practices to ensure adherence to the Conventions’ standards. The New York Times reports (July 12) that “the new White House interpretation is likely to have sweeping implications.”

Neal was aided by the research of a number of Georgetown students and by an amicus brief by Professors Steve Goldblatt, Peter Rubin and Carlos Vázquez. The case was mooted before the Law Center’s Supreme Court Institute shortly before it was argued at the Court.

 

Commencement 2006June 28, 2006 – In May, we celebrated the graduation of the 134th class at the Law Center [858 graduates: 563 J.D.s and 295 LL.M.s].

The Law Center granted an honorary degree to the Honorable John G. Roberts, Jr., Chief Justice of the United States Supreme Court. Chief Justice Roberts told the graduating class that “being lawyers is of course a special calling in a society that is governed by the rule of law.You have assumed an obligation to protect and promote the rule of law while resisting the very real temptation to substitute for it the rule of lawyers. There is a difference.”

Also receiving an honorary degree from the Law Center was Gay Johnson McDougall, former Executive Director of GlobalRights.org and the first United Nations Independent Expert on Minority Issues.

A webcast of the proceedings may be viewed at: http://www.law.georgetown.edu/webcast/index.cfm

back to top


 

May 19, 2006 – It is with great pride that I let you know that as a tribute to his outstanding service as a member of the United States House of Representatives, Georgetown University Law Center Professor Robert F. Drinan, S.J. was presented a Congressional Distinguished Service Award. Father Drinan, a five-term Representative from Massachusetts, received the honor during a ceremony at the U.S. Capitol on May 10, along with fellow recipients Vice President Dick Cheney, outgoing CIA Director Porter Goss, and former Louisiana Representative Lindy Boggs.

I wanted to include here both my remarks and then Bob’s from the ceremony:

In 2004, the American Bar Association gave Bob Drinan the ABA Medal—the highest honor bestowed by the association. The citation stated: “In an amazing career that has spanned more than half a century, Father Drinan has never faltered in his extraordinary humanitarian efforts and support for justice under the law. He has demonstrated to lawyers what it means to be committed to public service and to countless law students what is embodied in the highest dedication to ethical, moral legal practice." Bob spoke after the citation was read—not about himself, but about human rights and justice. And he ended by quoting Hammurabi, the world’s first law-giver to achieve fame, who said that he was called to write his code “to bring about the rule of righteousness” and ensure “that the strong should not harm the weak”

This simple but profound principle lies at the core of Bob’s work as a legislator, as an educator, as a scholar, and as an advocate.

Bob, as all know, served five terms in Congress, from 1971 to 1981. He entered the House on an anti-war platform, defeating the chair-elect of the House Armed Services Committee. He was known for his outspoken opposition to the Vietnam war, and as well as for his early and persistent criticism of illegal activities undertaken by the Nixon Administration.

For these strongly articulated positions, Bob attained national recognition. But his views and his fame were not the result of political partisanship. He spoke from deep convictions, motivated by a love of justice.

When Bob left the House, he returned to the law school from which he had graduated in 1950. He has been at Georgetown ever since, teaching courses in human rights, constitutional law and legal ethics. While maintaining a full teaching load—and inspiring literally thousands of students—he has published scores of articles and 11 books, including published in the last three years: The Mobilization of Shame: A World View of Human Rights and Can God and Caesar Coexist? Balancing Religious Freedom and International Law.

Bob has been an indefatigable advocate for human rights. He has served on the Board of Directors of the International League for Human Rights, Human Rights First, the Council for a Livable World Educational Fund, the International Labor Rights Fund, and the NAACP Legal Defense and Educational Fund. He was founder of the National Interreligious Task Force on Soviet Jewry and a member of the Board of the US Holocaust Memorial Commission. He has been awarded 21 honorary degrees in recognition for his continued work on behalf of the poor, the weak, the victims of injustice.

But beyond these official duties and awards, there is always Father Drinan the person—the man who seems to know everyone, to have either officiated at their baptism or wedding, attended their bar mitzvah, counseled them in time of need or grief, or urged them to pursue justice in their work and life. Warm and wise, Bob uniquely combines conviction and compassion. Bob’s life has been one fully devoted to the service of others—in Congress, in the Church, in the classroom, and on the streets. I am honored to be able to participate in this ceremony today that honors Bob Drinan.

Father Drinan’s remarks:

Some 12,000 American men and women have served in the US House of Representatives during its existence of 217 years.

It is an honor almost beyond comprehension to be one of them. It is an additional honor to have been from the state that sent John Quincy Adams and John Fitzgerald Kennedy to this exalted place.

I take pride in the several accomplishments of the House Judiciary Committee where I served for 10 years. This historic body, created by the very first Congress enacted historic measures in my years of service related to Civil Rights, bankruptcy, voting rights and protection of crucial civil liberties of the American people.

I am especially proud of the enactment of a Bill that provides for counsel fees to prevailing parties in certain civil rights cases. The law is 42USC1988. I was the floor manager. The Bill, signed by President Ford, has vastly improved the opportunities for ordinary citizens to claim their rights. I cherish the pen given to me by President Ford at the signing of this Bill at the White House.

There is seldom any honor that is more appreciated than a tribute by one’s former colleagues. I thank the Speaker Dennis Hastert and the Democratic Leader Nancy Pelosi.

I will continue to work in every way available to me to assist in the noble work of this historic and esteemed Body. May God guide its deliberations. And may this day add to the gratitude and esteem which the people of America have for the Congress, which for over 200 years has members who are elected every 24 months.

May God bless this occasion and fill us all with the love that our Creator has for every one of His children in the universe.

We are prouder than we can say of Father Drinan – he serves as an example of the dedication to public service that is embodied in our motto: law is but a means, justice is the end.

back to top

April 12, 2006 - Over the spring break, eleven Georgetown Law students, joined by Professor Andy Schoenholtz and Mia Cohen traveled to Ecuador to undertake a “fact-finding mission” on an important issue in U.S. and international refugee law. Working with the United Nations High Commissioner for Refugees (UNHCR), the students spent ten days interviewing approximately 70 Colombian refugees, UNHCR officials, Ecuadorian and U.S. government officials, and human rights and refugee advocates in the cities of Quito, Ibarra, and Lago Agrio where large numbers of Colombian refugees live. The trip was a project of the Law Center’s new Human Rights Institute.

The issue of law they were investigating appears technical, but it has had worldwide implications. The USA PATRIOT Act and other recent immigration legislation bar persons who offer “material support” to terrorist organizations from entering the U.S. The definitions of terrorist activity and “material support” are quite broad and include no exceptions for persons coerced into assisting terrorist groups. These provisions apply to persons seeking to enter the U.S. as refugees; and as a result, thousands of refugees seeking protection from the U.S. have had their cases put on indefinite hold by the Department of Homeland Security (DHS) because of “material support,” such as goods or services, that terrorist groups extorted from them, often under the threat of death.

The students found that most of the refugees they interviewed—persons fleeing from Colombia to Ecuador—would be denied admission to the U.S. under the “material support bar.” One young man who had been kidnapped by paramilitaries and forced to dig graves could have been barred from refugee status for having provided services; a small business owner who was forced to provide scarves and ski masks to paramilitaries—and subjected to sexual abuse when she sought payment—could also be denied admission.

The student’s research is already beginning to have an impact, as is evident in a recent New York Times editorial that relied, in part, on the project’s fact-finding:

http://select.nytimes.com/gst/abstract.html?res=F00A1EFA38540C708CDDAD0894DE404482

 

March 7, 2006 – As I write, the Law Center is enjoying the relative quiet of Spring Break. (I say “relative” because we will hosting the Annual Alumni Women’s Forum and the Continuing Legal Education’s Corporate Counsel Institute over the next several days.) While most students are away taking a well-deserved break from their studies, I thought I would tell you about three initiatives students have begun.

This past fall, a group of students organized and opened General Jurisdiction, a Georgetown Law student-operated non-profit convenience store located in the Sport and Fitness building. Established by Equal Access to Justice Group (E.A.T. Justice), General Jurisdiction hires individuals who need assistance in attaining their professional goals. Employees are supported with training, career counseling and job placement assistance in their chosen field. Store proceeds will fund grants and fellowships for law students who work in volunteer public interest jobs over the summer.

Over the winter, students have developed an English-as-a-Second-Language (ESL) program on campus for Law Center employees. So far, nine employees have signed up and have been paired with Law Center students to practice basic conversation, work on pronunciation and learn essential vocabulary. The pairings will last for the entire semester. 

A new student organization was added this year to our roster of more than 70: Georgetown Law Students for D.C. Their stated goal is to raise awareness among the Georgetown Law Center community about national and local issues having a direct impact on the District of Columbia and its citizens.

I close this entry with a nice note about one of our alumnae. In January, Lorie Skjerven Gildea, L’86, was appointed as an Associate Justice on Minnesota’s Supreme Court.

back to top 

 

January 26, 2006 - This week, the Law Center initiated the Georgetown Law Forum, a series of speeches and panels on important legal and policy issues. Our topic was one of abiding significance: the legality of domestic surveillance by the National Security Agency (NSA). We welcomed to our campus Alberto Gonzales, Attorney General of the United States, who gave a major address on the topic. A distinguished panel of national security law and constitutional law experts representing widely different views on the legal and policy issues spoke at the conclusion of the Attorney General’s speech. The actions of the NSA, authorized by the President, raise profound questions of constitutional and statutory law—questions that merit close examination by the best legal minds in our nation. The Attorney General’s address and the panel discussion that followed were robust, analytical and serious.

The Law Center is committed to fostering debate on important legal topics. These topics can be highly controversial, but the heart of any institution of higher education is free and open speech and discussion. Learning and scholarship flourish best in a context of a free flow of competing ideas. An environment of free speech necessarily requires the Law Center to observe principles of civility that permit speakers to be heard without undue interference. Georgetown University's policy on speech and expression embodies these norms. It states that the University is "committed to standards promoting speech and expression that foster the maximum exchange of ideas and opinions" and that "[a]n individual or group wishing to protest at an event may do so as long as any speaker's right to free speech and the audience's right to see and to hear a speaker are not violated."

During the Attorney General's address, a group of students initiated a silent protest. Some rose to turn their backs to the speaker; some left the room; others displayed a banner paraphrasing the words of Benjamin Franklin. When the students’ placement of their banner obscured the view of the press cameras broadcasting the event, Law Center security personnel asked them to lower the banner—and the students did so. The Attorney General delivered his address without interruption. At one point he acknowledged that some members of the audience appeared to have views different from his own. Because the actions of the students did not impede the presentation by the Attorney General, it was permitted to continue. Had the protest become disruptive, had the Attorney General been unable to deliver his address, measures would have been taken to stop the protest.

In the future, Georgetown Law will continue to hold events and welcome speakers on controversial topics to our campus. Speakers—whatever their views—will be able to present their ideas. Most importantly, we will continue to promote and maintain an environment of free speech that is essential to our academic mission.

back to top

 

January 18, 2006  - We have just completed our new first year program: "Week One--Law in a Global Context." Week One (as we call it) marks the most significant change in the Law Center curriculum in a decade.

The purpose of Week One is to introduce first year students to transnational legal issues--international law, comparative law, choice of law, and law in other jurisdictions. Faculty members, working collaboratively, constructed problems that related to courses in the first year but that placed them in a cross-border context. One problem related to extradition to the U.S. from European countries bound by the European Convention on Human Rights (which prohibits, under some circumstances, extradition to countries that impose the death penalty). Another considered a tort problem, arising from the publication on a California website information alleging criminal conduct by a French wine producer. A third involved a contract between U.S. and French companies for a project in Laos made impracticable by environmental policies adopted by China. Each problem included an experiential element--an oral argument before the European Court of Human Rights, contract drafting or an international arbitration.

This was a terrific collaborative venture, involving participation by more than 30 faculty members and several dozen upper-class students who returned to the Law Center a week early to serve as Global Teaching Fellows in the program.

As I said to the first year class, Week One is a work-in-progress, not an experiment. By this I mean that the Law Center is now committed to ensuring that the first year curriculum includes a transnational legal component. We will, of course, continue to work on the Week One materials, probably adding new problems in years ahead.

We have asked students to provide us with evaluations of the week, and I will report on these when I receive them.

back to top

 

January 11, 2006 - The Washington Post has published a series of articles on the tenants of Capital Manor, who are represented by the Housing Clinic of the Harrison Institute for Public Law at Georgetown.

For the past five years, Georgetown Law students provided the legal services and transaction planning that the tenants of Capitol Manor needed to become owners of their 102 unit, three-building complex at 14th & W Streets in Northwest Washington. The buildings have been redeveloped as a tenant-owned, limited equity cooperative. Renovations are now complete, and a grand opening was held at noon on Friday, December 16th. D.C. government officials participated in the event, with continued coverage by the Washington Post and other media.

Under the supervision of clinic fellow Aaron O'Toole and Professor Michael Diamond, who directs the housing clinic, the students helped the tenants incorporate an association, train a board of directors, write contracts with developers and architects, acquire financing from banks, purchase the property, manage the rehabilitation process, and convert ownership to a cooperative.

The law that enabled Capitol Manor tenants to purchase their buildings in 2005 was drafted by Harrison Institute staff on behalf of the City-Wide Housing Coalition in 1980. Tenants can learn about this law and other tenant rights and responsibilities in the Tenant Survival Guide, which is published by the Harrison Institute (202-662-9600).

Capitol Manor is one of 18 multifamily projects now in the Harrison Institute's housing clinic. When completed, these projects will result in over 800 units of affordable housing based on $60 million in private and public financing.

Read the full article in the Washington Post

back to top


 

December 23, 2005 - As our fall semester's exams end and our students take a well-deserved break, I want to take this opportunity to wish everyone a warm and wonderful holiday season. Merry Christmas, Happy Hanukah, Happy Kwanzaa! And may next year be one of peace and joy for all.

Alex Aleinikoff

back to top

December 12, 2005 - It is with great sadness that I report that our beloved professor John Wolff died last week. He was 99 years of age and had taught at the Law Center for 44 years.

John fell in his home a week ago Friday and broke his arm. Although he had already prepared his examination, he was distressed because he had to miss his last class. It was the first class he had missed since he had started teaching at the Law Center in 1961!

For those of you not fortunate enough to have known Professor Wolff, I have included a brief bio. What the bio cannot capture is the energy and spirit of this dedicated teacher and musician. He will be greatly missed.

PROFESSOR JOHN WOLFF served as an Adjunct Professor of Law and a consultant on Foreign and International Law. He graduated with an LL.D. from the University of Heidelberg in 1929 and received his LL.M. from Columbia University in 1930. Professor Wolff worked as a consultant on foreign and international law. He was a lieutenant colonel in the Judge Advocate General's Corps of the U.S. Army and a deputy to the U.S. representative to the United Nations War Crimes Commission. Professor Wolff was also an advisor on international and foreign law to the U.S. Department of Justice and served as deputy chairman of the Council on International Law of the Federal Bar Association. He has published articles in numerous American and German legal publications. Professor Wolff has lectured at the universities of Munich and Muenster in Germany as well as the Law Society of Berlin. An adjunct professor at the Law Center since 1961, he has taught International Law, International Human Rights Law, Introduction to U.S. Legal Methods (for foreign lawyers), International Problems in Civil Litigation and Comparative Law. Professor Wolff has received three awards from Georgetown University:  in 1981, the Vicennial Medal in recognition of his distinguished service from 1961-1981; in 1988, the Charles Fahy Distinguished Adjunct Professor Award; and in 2003, a Certificate of Appreciation in recognition of his loyalty and commitment to Georgetown University and his decades of outstanding teaching. In 2002, he made a leadership level naming gift for the John Wolff International and Comparative Law Library in the Eric E. Hotung International Law Center Building.

back to top

 

November 11, 2005 - The Law Center's faculty continues to be involved in significant cases. Professor Neal Katyal is lead counsel in the case of Hamdan v. Rumsfeld, which challenges the President's authority to establish military commission at the U.S. Naval Base at Guantánamo Bay, Cuba. The Supreme Court announced this week that it will hear the case this spring. Linda Greenhouse, writing in the New York Times, said that the Hamdan case is "likely to be the marquee case of the Supreme Court term."

back to top

 

Our hearts go out to all who have been affected by the devastation of Hurricane Katrina. The images and stories of suffering and loss are deeply disturbing. I want to share with you the many ways that members of the Georgetown University Law Center community are lending a hand to the victims. In the aftermath of this disaster, many students, faculty, staff and alumni are reaching out to our neighbors in Louisiana, Mississippi, and Alabama as well as to students affected by the storm at law schools in the Gulf Coast region.

Georgetown is providing academic assistance to 29 displaced law students (23 J.D.s and 6 LL.M.s) with ties to the Washington, D.C. metropolitan area. The students, who are enrolled at hurricane-damaged Loyola University New Orleans Law School and Tulane University Law School, will attend Georgetown Law this semester as visitors, with academic credit and tuition going to their home institutions. Over the Labor Day weekend students met with academic advisors, student peer mentors, and financial aid staff. Textbooks were offered free of charge, and Georgetown students shared notes from the first week of classes. Temporary housing has been provided for our New Orleans visitors, and local alumni have generously offered assistance, including job opportunities.

A number of students and student organizations have inquired about fundraising initiatives to assist in relief efforts. A school-wide bake sale took place Thursday, September 8, with all proceeds benefiting the American Red Cross. The Office of Public Interest and Community Service (OPICS) is working closely with the broader DC legal community to identify ways in which the Law Center can assist in the provision of pro bono legal representation to hurricane victims.

The Law Center was also proud to host a major policy address on Hurricane Katrina by Marc Morial, L'83, President & CEO of the National Urban League. In his address, "Katrina & Beyond: Put People First, " he proposed a Katrina Bill of Rights that would address issues of economic disparity and equal opportunity in the recovery of New Orleans.

I am deeply thankful to those who have contributed to these efforts and proud to be a member of this caring community. As relief work continues, I encourage you to think about ways that we can further assist those in need. If you have suggestions or would like to find out how you can help, please contact the Law Alumni Office at (202) 662-9166 or alumnlaw@law.georgetown.edu . To those of you who have been directly affected by this calamity, please know that the thoughts, prayers, and unwavering support of the Georgetown University Law Center community are with you during this extremely difficult time.

back to top

 

The first year class joining us the Law Center is once again an extraordinary group of students. Their credentials are stellar, both in terms of their undergraduate performance and their other experiences. Here are some facts about the class prepared by Dean of Admissions Andy Cornblatt (Dean Cornblatt has also recently taken on the position of Associate Vice President of the University for Graduate Admissions Programs—a job in which he will assist graduate programs on the hilltop in strategy and policies):

We are, as always, very proud of the outstanding diversity of the entering class. This year's entering class is 45% women and 27% minority. This year's entering class has students from 45 states and 16 foreign countries, representing 206 different colleges and universities

This year, two-thirds of our Day students have taken some time off before coming to law school, our highest ever. Twenty-three of the students (5%) are 30 years old or older and fifty-four (12 %) have advanced degrees. There are 9 Ph.D.s in the full-time class.
Thirty students in the Evening program have advanced degrees, including five Ph.D.s.

Listed below is a ranking of full-time students by state of permanent residence.

1. New York
2. California
3. Florida
4. Maryland
4. Massachusetts
4. District of Columbia
7. Texas
8. New Jersey
9. Virginia
10. Illinois

The top five majors represented in this year's class are:

Political Science
International Relations
Economics
English
History

Once again this year we have an extraordinary variety of backgrounds in our first year class. We have twelve teachers, four from Teach for America; a professional opera singer, the chief speech writer for the Governor of Virginia, two CPAs, the former War Room Manager for the Bush reelection campaign, and the Deputy Finance Director of the Kerry campaign. We have six Student Body Presidents, four actors, three assistant professors, a rabbi, two pastors, and a founder of a company to develop software for Japanese children to learn English.

I am particularly delighted that along with their outstanding statistical credentials, this year's entering class has not only continued but expanded our commitment to public service. Last year, we had four members of Americorps and five Peace Corps volunteers; this year, we have eight Americorps members and twelve Peace Corps workers, including one who coordinated humanitarian assistance to refugee camps along the Thai-Burma border, and another who served as a technical advisor for AIDS prevention in West Africa.

We have forty-six Varsity athletes including four academic All-Americans, a member of a women's national championship cross country team, a two-time member of a National championship football team, and an American who played professional soccer in Malaysia and Germany. We have four PhDs in cell biology, a concert cellist, five CIA analysts including the Senior Director of Plans and Analysis, a Chinese translator for the National Security Agency, a Korean lawyer, and the Editor of the Economic Intelligence newsletter in Shanghai.

We also have eight Fulbright Scholars and four Truman Scholars in this year's entering class. In the past four years, we have had thirty-one Fulbright Scholars and eleven Truman Scholars. We have the Director for Japan and Korea trade policy for the Office of US Trade Representative, the holder of two patents, a Scottish Highland dancer, the manager of a program for USAID to implement development in Europe, Africa, and Latin America, and a former child actor who is leading the investigation of the violation of US sanctions in Liberia.

We have twenty members of the military including four who finished in the top 3% of their class, and three of whom earned five Bronze Stars. We have an Air Force Major who is commander of special agents devoted to threats to civilians in Iraq, an Army lieutenant who was the Company Executive Officer in Kosovo and the Battalion Motor Officer in Iraq and an Army Captain who is the Deputy Director of Personnel for the Army in Honduras. We also have an Army Colonel who is the senior military operations officer coordinating the analysis of the war in Iraq and Afghanistan, a Marine lieutenant now Marine liaison to the US Senate, and a Navy Lieutenant who was first in his class, who is now a Cryptology Officer for the Navy.

We also have a chef, a talent scout for Epic records, three members of the Jesuit Volunteer Corps, a Director of Operations for a stock brokerage firm, and the head ball girl for the Boston Red Sox. Finally, we have the Public Information Officer for the UN High Commission for Refugees, the Director of the Innocence Project for the DC area, the co-chair of the National Hiphop Political Convention, the Director of Humanitarian Aid in Iraq for the Mercy Corps, and a current State Senator in West Virginia who was a Truman Scholar and Rhodes Scholar and who also hosts a daily radio show in his home state.

Lastly, for those of you who are trivia buffs, the five most common male names in the entering class are: (in order) Michael, Daniel, Christopher, Matthew and David, and for females, they are: Jennifer, Sarah, Stephanie, Megan, and Elizabeth.

Back to top

 

Professor Gregory Klass comes to Georgetown from the Office of the New York Attorney General, where he served as an Assistant Solicitor General from 2003 to 2005. Greg received his J.D. from Yale Law School and a Ph.D. in philosophy from the New School University. Prior to working at the Attorney General's office, Greg clerked for Judge Guido Calabresi on the Second Circuit Court of Appeals. Greg's research focuses on contracts and legal theory. His particular interests include legal concepts of intent, both in civil and in criminal law, and the relationship between contract law and the morality of promising. Greg recently co-authored a book on promissory fraud, Insincere Promises: The Law of Misrepresented Intent, and authored "The Very Idea of a First Amendment Right Against Compelled Subsidization" (U.C. Davis L. Rev. 2005). He will be teaching contracts and legal theory.

Professor Nicholas Quinn Rosenkranz attended Yale College and Yale Law School, and then clerked for Judge Frank H. Easterbrook on the U.S. Court of Appeals for the Seventh Circuit and U.S. Supreme Court Justice Anthony M. Kennedy. After clerking, he served as an Attorney-Advisor at the Office of Legal Counsel in the U.S Department of Justice. Nick has testified before the House Judiciary Subcommittee on the Constitution, and he has published two articles, both in the Harvard Law Review: Federal Rules of Statutory Interpretation, 115 Harv. L. Rev. 2085 (2002), and Executing the Treaty Power, 118 Harv. L. Rev. 1867 (2005). He was recently appointed to the Board of Visitors of the Federalist Society for Law and Public Policy Studies. Nick's research interests include constitutional law, foreign affairs law, international law, federal jurisdiction, and statutory interpretation. He will be teaching constitutional law.

Professor Rebecca Tushnet comes to Georgetown from the faculty of New York University School of Law. She was a clerk for Chief Judge Edward R. Becker of the Third Circuit Court of Appeals in Philadelphia and Justice David H. Souter of the U.S. Supreme Court. Rebecca holds degrees from Harvard University and Yale Law School. Her publications include, Copy This Essay: How Fair Use Doctrine Harms Free Speech and How Copying Serves It, 114 Yale L.J. 535 (2004), Copyright as a Model for Free Speech Law (B.C. L. Rev. 2000), and Legal Fictions: Copyright, Fan Fiction, and a New Common Law (Loy. L.A. Ent. L.J.1997). Rebecca's research focuses on the relationship between copyright and free speech. She will be teaching classes on copyright law, the First Amendment, law of advertising and trademark and unfair competition law.

Back to top

 


 

Trip to Asia

In May I travelled to Asia, including stops in Beijing, Shanghai, Tokyo and Seoul. We visited 14 universities, met with Justices of the Chinese and Japanese Supreme Courts, held alumni reunions in Tokyo and Seoul (for more pictures click here), and met with leading law firms in all three countries.

We are considering faculty and student exchanges with leading law schools in Asia and would welcome any suggestions or other information you have have about funding such programs.

 

Back to top

 

Over the summer the Dean of the N.Y.U. Law School, Ricky Revesz, prepared a statement criticizing recent attacks on the judiciary and supporting judicial independence. The letter, in part, reads:

Recent threats of retaliation against federal judges by members of Congress and others harm the rule of law and the important constitutional principle of separation of powers. We strongly oppose these threats of retaliation. Regardless of whether we agree or disagree with their opinions, we express our full support for judges who properly discharge their constitutional responsibilities by deciding the cases before them as they believe the law requires.

Dean Revesz circulated the letter for signature, and many Deans of American law schools signed it. The letter was sent to Members of Congress, the press, and the federal judiciary. While I fully agree with the sentiments expressed in the letter, I did not sign it -- primarily because I like to express important ideas in my own words and because Dean Revesz did not accept proposals to alter the language -- a stance I fully understand because of the large number of potential signees. I think the ideas expressed in the Revesz letter are of such vital importance. Accordingly, I have drafted my own statement to indicate my views:

An independent judiciary is the hallmark of American constitutionalism. Our Founding Fathers wrote it into the Constitution, our history has consistently affirmed it, and the American people are deeply committed to it.

Surely no branch of government is above criticism. The First Amendment guarantees that citizens have the right to object to government decisions and policies. But an attack by one branch of government that threatens or seeks to intimidate another branch undermines our finely crafted system of checks and balances and is not in the nation's best interest.

This is particularly true of attacks on judiciary which, as Alexander Hamilton wrote, is the "least dangerous branch," having "no influence over either the sword or the purse." The risk is more than a weakened judiciary. It is the loss of a restraining influence on the political branches of government -- a loss that would fundamentally alter our constitutional system, that would put our freedoms and liberties at risk, and that would deprive the American people of the objective administration of justice that we rightfully cherish and expect.

In their public statements and in carrying out their duties, persons occupying important positions of public trust should affirm, rather than deprecate, the constitutional principle of an independent judiciary.

Judge Douglas P. Woodlock of the Eastern District of Massachusetts and a 1975 graduate of the Law Center commented on "the proper posture of a judge" in remarks he made at the Boston Bar Association Law Day Dinner this year (at which he received the Association's Citation for Judicial Excellence):

The concept was . . . elegantly expressed by Learned Hand when he described [Justice Benjamin] Cardozo as "the detached man," a judicial exemplar free of "frustrated ambitions with their envies" and of "hopes of preferment with their corruptions" who could "weigh the conflicting factors of a problem without always finding himself in one scale or the other." [Learned Hand, Mr. Justice Cardozo, 52 Harv. L. Rev. 361, 362-63 (1939).]

The complexities of actual judicial decision making, with which every judge daily struggles after the appointment process is concluded, cannot, of course, be captured by sound bites or bumper stickers.

And the very best antidote to the current dumbing down of discussion about the subtleties of judging is found in a reflection my fellow honoree, Justice Kaplan, provided over 20 years ago when discussing "encounters" with Justice Holmes.

He has given us a nuanced a knowing examination of what judges . . . do when they undertake to "formulate [] the rule that will control."

They "tr[y] to trace out the consequences of the alternative choices they might make, and react [] to those prospects with as much detachment as [they] can muster."

And ultimately "out of fear that the immediate case may not be representative, [they] test the rule [they are] tempted to pronounce by imagining cases that deviate by this or that fact from the actual -- a test of generality or 'neutrality.'" [Benjamin Kaplan, Encounters with O.W. Holmes, Jr., 96 Harv. L. Rev. 1828, 1849 (1983).]

The test of neutrality is not the mechanical application of partisan or ideological principle but rather a concern with the morality of disinterested process in individual cases, which is the benchmark of the rule of law.

Back to top

In May, we celebrated the graduation of the 133rd class at the Law Center. [1034 graduates: 656 J.D.s, 376 LL.Ms, and 2 S.J.Ds]. The Law Center granted honorary degrees to the Honorable Margaret M. McKeown, a judge on the Ninth Circuit Court of Appeals and a 1975 graduate of the Law Center; and to the Honorable Lee Hamilton, President and Director of the Woodrow Wilson Center for Internationals Scholars and Vice Chair of the 9/11 Commission. Congressman Hamilton's address to the graduating class urged that they consider public service. "You should see yourselves as society's negotiators, mediators and peacemakers." He counseled them "to keep an eye on the disadvantaged. You should view yourselves as guardian of all, not just the rich. . . . As you have learned here at Georgetown, law is a profession of service with significant public obligations."


A webcast of the proceedings may be viewed at www.law.georgetown.edu/webcast/.


WTO Law & Policy

Legal Writing at Georgetown Law

Judicial Independence

Entering Class for 2006

A New Year Begins

Hamdan v. Rumsfeld

2006 Commencement

Professor Drinan receives Congressional Distinguished Service Award

Colombian Refugee Fact-Finding Investigation

Student Initiatives

Statement by Dean T. Alexander Aleinikoff

"Week One"

Georgetown Law Students & Harrison Institute in the Washington Post

Season's Greetings

Professor John Wolff

Professor Katyal's Hamdan Case

Hurricane Katrina Response

Entering Class for 2005

New Faculty

Trip to Asia

Thoughts About Judicial Independence

2005 Commencement