Harvard Law School has scored a major academic coup, luring renowned legal scholar Cass R. Sunstein from the University of Chicago Law School to join its star-studded faculty. Sunstein, who graduated from Harvard College in 1975 and Harvard Law School in 1978, will begin teaching in the fall and direct the new Program on Risk Regulation, which will focus on how law and policy deal with such hazards as terrorism, climate change, and natural disasters.

"Cass Sunstein is the preeminent legal scholar of our time, the most wide-ranging, the most prolific, the most cited, and the most influential," Elena Kagan, dean of the Harvard Law School, said in a statement released yesterday.

"His work in any one of the fields he pursues - administrative law and policy, constitutional law and theory, behavioral economics and law, environmental law, to name a nonexhaustive few - would put him in the very front ranks of legal scholars," Kagan said.

Sunstein, the author of more than 15 books and hundreds of scholarly articles, said in a statement that the new program would rely on substantial student involvement.

"The nation and the world are facing many unanticipated problems, and policymakers must find ways to protect people from risks without creating unanticipated side-effects," Sunstein said.

"Our goals are to improve our sense of what the law is now doing and to see how it might do better."

After law school, Sunstein clerked for Justice Benjamin Kaplan of the Supreme Judicial Court and Justice Thurgood Marshall of the US Supreme Court. Sunstein joined the University of Chicago Law School faculty in 1981 as an assistant professor.

His books include "Democracy and the Problem of Free Speech," "Radicals in Robes: Why Extreme Right-Wing Courts Are Wrong for America," and "Are Judges Political? An Empirical Analysis of the Federal Judiciary."

After eight years at Loyola Law School Los Angeles as the Fritz B. Burns dean and senior vice president, David W. Burcham was named today to the newly created position of executive vice president and provost of Loyola Marymount University. Victor J. Gold, a veteran law professor and a former associate dean, was named interim dean and senior vice president. A national search for a permanent dean will begin immediately.

As provost, Burcham will oversee all aspects of LMU's internal operations. That encompasses 400-plus faculty and several thousand students spread out over seven colleges and schools, including the law school. In his new position, Burcham vows to make the same commitment to the classroom and scholarly productivity that he did at the law school. "I view LMU's faculty and students as its greatest strengths and most important assets," Burcham said.

About David W. Burcham

Burcham ushered in a new era of educational excellence during his tenure at Loyola Law School. Determined to give students a broad range of experience, Burcham oversaw the launch of a host of innovative programs, including the Business Law Practicum, the Center for Juvenile Law & Policy, the LLM in International Legal Practice, the London IP Institute, the Tax LLM program and other vital initiatives. The law school's practical training programs excelled under Burcham's stewardship, during which time the Byrne Trial Advocacy Team won five national championships and several regional competitions. He also oversaw the creation of the National Civil Trial Competition, one of the country's preeminent mock trial events.

Burcham worked to enhance the size and prestige of the law school faculty, increasing the number of full-time professors by almost 15 percent -- from 65 in 2000 to 74 in 2007. Under his leadership, the faculty collectively produced more than 400 works of scholarship. Burcham also worked with professors to establish programs in their core areas of expertise, including the Center for the Study of Law & Genocide, the Civil Justice Program, the Distinguished William J. Landers Lecture on Prosecutorial Ethics, the Fidler Institute on Criminal Justice, the IP Special Focus Series, the Journalist Law School, the Sports Law Institute and others.

Burcham made great strides to grow the law school financially. He raised money for the completion of the Girardi Advocacy Center, which houses the school's flagship classroom, Robinson Courtroom. He then instituted a moratorium on building to focus on the school's endowment, which more than doubled under his watch. He used part of that money to increase support for the Public Interest Law Department, which helps students pursue public interest careers through scholarships, internships and loan forgiveness. Elsewhere, Burcham worked to establish seven new faculty chairs.

During Burcham's tenure, Loyola saw dramatic improvements in many national rankings: first for Best Classroom Experience and fourth for Professors Rock (Legally Speaking) by the Princeton Review and fifth for Trial Advocacy by U.S. News & World Report. Burcham's efforts to increase campus diversity were recognized by a number of rankings: ninth for Most Diverse Faculty by the Princeton Review, tenth on U.S. News' Diversity Index and a listing among the top 10 schools for Latinos by Hispanic Business magazine.

Burcham was a public school teacher and administrator for more than eight years before receiving a J.D. from Loyola, where he was chief articles editor of the Loyola of Los Angeles Law Review and received numerous academic honors. After graduation, he served as a law clerk to both the Honorable Ruggero J. Aldisert, chief judge of the U.S. Court of Appeals for the Third Circuit, and U.S. Supreme Court Justice Byron R. White. Before returning to Loyola as a faculty member in 1991, Burcham practiced labor and employment law with Gibson, Dunn & Crutcher in Los Angeles. He served as associate dean for academic affairs from 1999-2000 and was appointed the 15th dean of Loyola Law School in 2000.

About Victor J. Gold

Gold, a William M. Rains fellow, earned myriad accolades as an esteemed legal educator and administrator during his two decades at Loyola Law School. A prolific scholar with dozens of law review articles to his name, Gold earned an Excellence in Teaching Award from the graduating class of 2007. Gold's tenure as associate dean for academic affairs from 2000-2005 saw an increased focus on Loyola Law School's national stature, a drive to recruit top-notch professors and an emphasis on faculty research.

"Professor Gold is an extremely capable leader who cares deeply about the law school," Burcham said of his replacement. "He will continue to enhance the academic excellence of LLS."

Gold teaches and writes primarily in the areas of contracts, evidence and remedies. Widely considered one of the country's top experts in evidence law, he has penned several books on the topic, including one with fellow Loyola Law School Professor David Leonard. Possessing an uncanny ability to explain legal issues, Gold served as a CBS legal analyst from 1994-97. Prior to teaching at Loyola, he was a law professor at Arizona State University and an associate at Nossaman, Krueger & Marsh. Gold graduated Order of the Coif from UCLA Law School, where he was an editor of the UCLA Law Review.

About Loyola Law School Los Angeles

Located in downtown Los Angeles -- a legal, financial and media capital -- Loyola Law School is home to prominent faculty, dedicated students and cutting-edge programs. Committed to legal ethics and the public interest, Loyola Law School has produced top attorneys for nearly a century. For expert commentary, please contact Brian Costello, deputy director of communications, at 213.736.1444 or brian.costello@lls.edu. For more information on Loyola Law School, please visit http://www.lls.edu/.

The University of Minnesota has named David Wippman, a vice provost and international law professor at Cornell University, as dean of its law school.

The board of regents still must approve the appointment. While at Cornell, Wippman focused on international law and human rights. A native of Minnesota, he attended Yale Law School and practiced at a firm in Washington, D.C. before joining Cornell's faculty. He also served as director of the National Security Council's Office of Multilateral and Humanitarian Affairs during the Clinton administration.

The University of Akron School of Law was announced as the champion of Loyola Law School’s 6th annual National Civil Trial Competition on Saturday, November 17, 2007 at an awards banquet held at the Wilshire Grand Hotel in Los Angeles, CA. The winning members of the Akron team included: Matt Bruce, John Conley, Julie Grant and Ryan Melewski. The “Best Advocate/Final Rounds” award went to John Conley from the University of Akron School of Law; and the “Best Advocate/Preliminary Rounds” award was a tie between Caitlin Ewing from Chicago-Kent College of Law and Aryeh Kaplan from Washington University in St. Louis School of Law.

The National Civil Trial Competition is “by invitation only” and was started in 2002 by Loyola Law School Prof. Susan Poehls (www.lls.edu). Since its inception, the NCTC has been sponsored exclusively by the Santa Monica, CA. law firm of Greene Broillet & Wheeler (www.greene-broillet.com).

“The law schools participating in the National Civil Trial competition came prepared to win and put some earnest effort into coming up with novel, creative arguments,” said Prof. Susan Poehls. “It is encouraging to see how seriously the students perceived their role as litigators – it’s their passion for the law that makes our tournament so exciting. And, we are most appreciative of the lawyers and judges who volunteer their time to make the trial experience authentic.”

“Loyola’s National Civil Trial Competition gives law students an opportunity to experience a civil trial from both the plaintiff’s and defendant’s perspective,” stated Timothy J. Wheeler, managing partner of Greene Broillet & Wheeler and a member of Loyola’s Class of 1978, “and exposes them to the real workings of our civil justice system. We are proud to sponsor a program that’s fostering future generations of trial lawyers.”

Over 50 law schools applied to be one of 16 law schools invited to participate in this year’s competition. The three-day tournament began on November 15, 2007 with early elimination rounds held inside the actual courtrooms at the US District Court in Los Angeles. Each school sent a four-member team, with students required to argue both sides of a hypothetical case involving claims of racial harassment by a firefighter alleging that co-workers put dog food in his spaghetti.

On November 17, 2007, the semi-final and final rounds were argued on campus at Loyola’s contemporary Albert H. Girardi Advocacy Center. The four law schools in contention for the championship were: University of Akron School of Law, University of Houston Law Center, Stetson University College of Law, and Washington University in St. Louis.

The final round of the NCTC was held between the University of Akron School of Law and Stetson University College of Law. The “Finalist Trophy” was awarded to Stetson and “Semi-Finalist Trophies” went to University of Houston Law Center and to Washington University in St. Louis School of Law.

More than 120 members of the greater Los Angeles legal community volunteered as tournament judges. The “Final Rounds” of the National Civil Trial Competition were presided over by The Hon. Gary Klausner and also judged by Bruce A. Broillet and Alan Van Gelder with Greene Broillet & Wheeler, Tom Girardi with Girardi & Keese, and Mark Robinson with Robinson, Calcagnie & Robinson.

The “Semi-Final Rounds” were co-presided over by Federal Public Defender Sean Kennedy and Carl E. Douglas with the Law Offices of Carl E. Douglas along with judges Mark Quigley, Geoff Wells, Scott Carr, Robert D. Jarchi and Ivan Puchalt from Greene Broillet & Wheeler, Amy Solomon from Girardi & Keese and John "Jack" Daniels from Daniels Fine Israel Schonbuch & Lebovits.

This year’s competing law schools included: University of Akron School of Law, University of Alabama Law School, Barry University School of Law, Chicago-Kent College of Law, University of Connecticut School of Law, University of Denver College of Law, Hastings College of the Law, University of Houston Law Center, Loyola Law School, Los Angeles, University of the Pacific, McGeorge School of Law, St. John’s University School of Law, Stetson University College of Law, Suffolk University Law School, Syracuse University College of Law, Temple University Beasley School of Law, and Washington University in St. Louis School of Law

Cornell Law School Associate Professor John H. Blume argued a case involving the death penalty before the U.S. Supreme Court on Wednesday, March 21. This was Blume's seventh argument before the Supreme Court. In the case, Roper v. Weaver, Blume, the director of the Cornell Law School Death Penalty Project, was lead counsel/counsel of record on behalf of William Weaver, who was sentenced to death in Missouri in 1988.

Weaver was found guilty of first-degree murder for killing a prospective witness in a drug trial. During his sentencing, the prosecutor made remarks which Weaver viewed as inflammatory, violating his right to habeas corpus. In February 2006, the 8th U.S. Circuit Court of Appeals agreed, vacating his death sentence. Missouri appealed, invoking the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA).

The AEDPA authorizes federal courts to grant habeas petitions only if the state court’s decision violates “clearly established Federal law, as determined by the Supreme Court of the United States.” Missouri argued that the federal courts did not have the authority to grant Weaver habeas, since the Supreme Court had not held that the penalty-phase argument was too inflammatory. In December 2006, the Supreme Court agreed to hear the case.

“While the literal question before the Court is a technical one having to do with limitations on habeas relief contained in the Anti-terrorism and Effective Death Penalty Act of 1996 (AEDPA),” says Blume, “the underlying constitutional issue regarding whether numerous improper and inflammatory comments made by the prosecutor during his sentencing phase argument at Mr. Weaver's trial should not be lost in the ‘AEDPA battle.’ Both the district court and the court of appeals found that the prosecutor made a number of inappropriate comments which likely influenced the death sentence imposed by the jury. If the Court were to reverse the decisions of the lower courts, it would essentially be giving prosecutors the ‘green light’ to make similar, improper arguments in capital cases.”

Professor Blume joined the Cornell Law School in 1993. With Professors Sherri Lynn Johnson and Stephen Garvey he formed the Cornell Death Penalty Project to foster empirical scholarship on the death penalty, offer students an opportunity to work on death penalty cases, and provides information and assistance for death penalty lawyers. He teaches criminal procedure, wrongful convictions, mental health issues in criminal cases, and the Supreme Court's treatment of the death penalty; he supervises the capital trial and capital punishment clinics. He has served since 1996 on the Habeas Assistance and Training Project Counsel, which consults the Defender Services Committee of the United States Courts. Previously, he clerked for the Hon. Thomas A. Clark of the U.S. Court of Appeals for the Eleventh Circuit and was Executive Director of the South Carolina Death Penalty Project.

Growing up in a military family, Micah Schwartzman ’05 moved often. Charlottesville, the town where he spent his undergraduate years and then came back to for his legal education, is the most familiar place he has known. Schwartzman will again return to Charlottesville in the fall, this time as an associate professor of law.

“It’s something of a dream to come back to your alma mater to teach, so having the opportunity is something that you could never really expect but it’s wonderful to be able to do.”

As a law student, Schwartzman was a Hardy Cross Dillard Fellow, the highest honor awarded to entering students, offering a full merit scholarship. During law school he won the Margaret G. Hyde award, which is the highest graduation award given by the faculty, and the Daniel Rosenbloom Award for providing academic assistance to students. He was articles development editor of the Virginia Law Review and is a member of the Order of the Coif. After graduating, Schwartzman clerked for Judge Paul V. Niemeyer of the U.S. Court of Appeals for the Fourth Circuit in Baltimore and then took a postdoctoral fellowship at Columbia University’s Society of Fellows in the Humanities, where he currently teaches.

He began cultivating an interest in academia as an undergraduate government and foreign affairs major. While studying social ethics at the University, he became interested in broader questions of political philosophy. The next stop was the University of Oxford, where he earned a Ph.D. in political philosophy as a Rhodes Scholar.

“It seemed like a fairly natural progression to go to law school after that,” Schwartzman said. “When I came to law school I shifted gears a little bit. I put the interest that I had in political philosophy on the back burner for a little while, so I could focus on my legal education and not mix the two entirely in the beginning. I think it’s good to get grounded in the law on its own.”

Even though he didn’t come to law school with the intention of becoming a practicing attorney, he was tempted by his internships to go into practice. “My interest at that point was more in legal theory. But I spent my summers at Latham & Watkins, and I really enjoyed the work there. I thought very hard about going to practice after clerking,” he said.

But academia beckoned and he took a position with the Society of Fellows at Columbia University and will begin teaching at Virginia this fall. He hopes that his background in philosophy will enhance his teaching. “I think a philosophical perspective can be useful,” he said. “The way you approach the law can be informed by the way you think about the philosophical foundations of the principles that you find in constitutional law.”

Professor Vincent Blasi met Schwartzman when Schwartzman interviewed for the Dillard Fellowship. Schwartzman subsequently took many of Blasi’s courses.

“I am thrilled that I am going to have him as a colleague,” Blasi said. “He’s already written pieces as a student that I think have the maturity associated with a scholar in mid-career, and I think his temperament is to be scrupulous and rigorous about argument. I think he will be an excellent teacher because he is such a clear thinker.”

Schwartzman is interested in teaching the religion clauses of the First Amendment; liberalism, religion, and the law; and constitutional law. “The subjects that I’m planning to teach are contentious ones, especially the religion clauses that are likely to undergo some changes under the Roberts Court. It will be very interesting to have discussions about the next generation of constitutional cases in this area with students.

“I think the course on liberalism, religion, and the law, which will be in some ways a course on liberalism and its religious critics, is a very timely course—a course about the way that disputes about religion and the liberal ideas that are found in the Constitution have emerged in the last 25 years.” Schwartzman taught a similar course at Columbia University to undergraduate political science and philosophy students. “I’m hoping that it will go well with law students. I think that will be a fun class.”

Schwartzman’s robust research agenda reflects his teaching interests. “I’m interested in the idea of equality as it applies in the context of the Establishment Clause. I’m also interested in principles of adjudication, in the justification for judicial review, and in ethical requirements applied to judges when they make constitutional decisions.” He is currently working on a paper that discusses whether judges have a duty to be sincere or candid in their decision-making.

Schwartzman looks forward to his return to Charlottesville as a faculty member. His fiancé, Leslie Kendrick ’06, will also join the Law School as an associate professor in fall 2008, after serving as a clerk for Supreme Court Justice David Souter.

“The quality of life in Charlottesville is just terrific and it will nice to be able to be in a smaller town and to have colleagues around, people who don’t leave the moment that their classes are finished. The collegiality of the Law School is very well known, so I’m looking forward to that,” Schwartzman said. He also looks forward to getting involved with the University as a faculty participant in various organizations. “There’s an opportunity to interact with the University and I think it will be nice to be able to be a part of that.”

http://www.law.virginia.edu/html/news/2007_spr/schwartzman.htm

Six Northwestern University School of Law students will share the difference they made over spring break working on death penalty cases in Malawi -- where defendants await trial in overcrowded prisons with little hope of seeing the inside of a courtroom.

The students and the clinical director of the Center for International Human Rights who led the law school class to Malawi will outline how their hard work paid off for prisoners at Maula prison during a discussion at noon Thursday, April 12, at the School of Law, 357 E. Chicago Ave. 

“Maula prisoners have a high risk of dying from disease or suffocation from overcrowding -- 150 inmates share one toilet in each small cellblock,” said Sandra Babcock, the clinical director of the Center for International Human Rights. “And the majority of the prisoners have never spoken to a lawyer.”

Babcock and law school students Sandra Adong (LLM ’07), Lynn Marshall (JD ’07), Ana Navarro (LLM ’07), Shimron Shapiro (LLM ’07), Marie Sorivelle (JD ’07), and Lucy Stroup (JD ’08) spent two weeks in Malawi. They interviewed prisoners and worked tirelessly with prosecutors and legal aid lawyers burdened with immense caseloads and no resources for investigators and experts.  

Students reviewed case files and wrote opinions for the chief prosecutor (Director of Public Prosecutions, or DPP), recommending plea bargains or dismissals in 25 cases. By the time they left Malawi, the DPP had reviewed 11 of those opinions and concurred with the students in every case.

Other students interviewed the 11 prisoners on behalf of the public defender’s office, obtaining information that would eventually be used as mitigation in their sentencing hearings.

As a result of the students’ work, four prisoners pled to manslaughter. One was sentenced to 45 months, another was sentenced to 40 months, and one will be released immediately for time served.

Another seven prisoners will plead guilty this week -- five to manslaughter and two to accessory after the fact. At least three of the prisoners likely will be released this week.

“Had those prisoners gone to trial on murder charges, they would have faced a mandatory death sentence if convicted,” Babcock said.

The prisoners were emaciated and feeble as a result of the hardships they endured at Maula prison (only one meal per day -- cornmeal with beans). They thanked the students repeatedly after the judge pronounced their sentences, telling them that they had been convinced they would die in prison.