News & Media http://www.law.uchicago.edu/feeds/newsandmedia.rss en Bryant Edwards, '81: Adventuresome Leader Takes Risks to Grow Practice and Firm http://www.law.uchicago.edu/alumni/accoladesandachievements/bryant-edwards-81-adventuresome-leader-takes-risks-grow-practice-and <div class="field field-type-text field-field-lead"> <div class="field-items"> <div class="field-item odd"> <p>"I was prepared for all of this at the Law School by the best legal minds of my generation, people like Posner, Easterbrook, Scalia, and Epstein, to name just some of them."</p> </div> </div> </div> <p>During law school, Bryant Edwards, ’81, had his sights set on a Wall Street lawyering job. Then he met some lawyers from a small Los Angeles firm with about 175 attorneys, and he liked what he saw in them. After visiting the firm’s offices, he liked it even more. “It was a departure from what I had been imagining for myself, but I could tell that these were top-quality lawyers with big ambitions, and I believed they had the ability to realize those ambitions,” he recalls. “So I took a chance, and after graduation I headed west to join Latham &amp; Watkins.”</p> <p>Today, Latham is one of the world’s largest and most prestigious firms, and Edwards has made significant contributions to that growth and that stature. He chaired the corporate practice at the Los Angeles office, then dramatically grew the European practice as chair of the London corporate department for eight years, then led the creation of Latham’s Middle East practice, serving as its Dubai-based chair and opening four new offices in the region, and now he’s chairing the firm’s five-office Asia practice from Hong Kong.At each stop, he has deployed notable leadership skills as well as a deep expertise in capital markets, high-yield bonds, restructuring, and mergers and acquisitions. When he transferred to the London office in 2000, it had about 40 lawyers, and Latham had little name recognition there. Today the office has seven times as many lawyers, and Latham is a go-to brand.</p> <p>“The high-yield market in Europe, which had really just begun around 1998, fell very hard in 2001 and 2002,” he recalls. “Practically everyone thought that party was over.” Persisting, he led the development of the European High Yield Association and became its chair. When the market roared back, Latham was at its forefront. In 2006, a European competitor remarked, “When you’re in high-yield at Latham &amp; Watkins, the business comes to you. At other firms, you go do lunch in Warsaw.”</p> <p>A similar story unfolded after he took the firm into the Middle East in 2008. Things had been booming—and then, when the global economic crisis hit, they went the other way. Among the many large projects that Edwards led was the restructuring of nearly $60 billion of debt obligations of Dubai World. As things turned positive again, he led the development of the high-yield market in the region and advised clients on transactions that included the Middle East’s first-ever conventional high-yield corporate bond offering and the issuance of a $4 billion sukuk by the State of Qatar, the largest dollar-denominated sukuk ever issued. (A sukuk is a financial instrument structured in accordance with Islamic principles.)</p> <p>In Asia, he anticipates the same strong growth that he oversaw in Europe and the Middle East: “There is tremendous economic vitality throughout Asia and increasingly strong connections into the Middle East, Africa, and beyond. Policies are supporting the growth of strong and responsive capital markets, which will provide the capital for Asia’s most successful companies to truly globalize.” Asia-focused publications have cited the firm as among the most innovative in the Asia-Pacific region and honored him as an external counsel of the year.</p> <p>“When I joined Latham, I knew I was in for a great adventure,” he says, “but the journey has been more amazing and fulfilling than I could have imagined. I was prepared for all of this at the Law School by the best legal minds of my generation, people like Posner, Easterbrook, Scalia, and Epstein, to name just some of them. I’m still inspired by that experience, and I know that today’s Law School is stronger than ever, turning out graduates with great skills, great legal logic, and the willingness to roll up their sleeves and work hard to help clients succeed. I’m a proud graduate, and a very grateful one, too.”</p> Thu, 03 Sep 2015 15:56:27 +0000 willcanderson 29589 at http://www.law.uchicago.edu The Scrivener's Error http://www.law.uchicago.edu/faculty/research/ryan-doerfler-scriveners-error <div class="field field-type-text field-field-facultyresearch-photo"> <div class="field-items"> <div class="field-item odd"> http://www.law.uchicago.edu/files/imagecache/sidebar-image/image/ryan-doerfler-crop.jpg </div> </div> </div> <div class="field field-type-text field-field-lead"> <div class="field-items"> <div class="field-item odd"> <p>It is widely accepted that courts may correct legislative drafting mistakes, i.e. so-called “scrivener’s errors,” if and only if such mistakes are “absolutely clear.”</p> </div> </div> </div> <div class="field field-type-nodereference field-field-facultyresearch-author"> <div class="field-items"> <div class="field-item odd"> <div class="field-label-inline-first"> Author:&nbsp;</div> Ryan Doerfler </div> </div> </div> <p>It is widely accepted that courts may correct legislative drafting mistakes, i.e. so-called “scrivener’s errors,” if and only if such mistakes are “absolutely clear.” The rationale is that, if a court were to recognize a less clear error, it “might be rewriting the statute rather than correcting a technical mistake.”</p> <p>This Essay argues that the standard is much too strict. The current rationale ignores that courts can “rewrite,” i.e. misinterpret a statute, both by recognizing an error and by failing to do so. In turn, because the current doctrine is designed to protect against one type of mistake (false positives) but not the other (false negatives), that doctrine systematically underrecognizes errors and results in systematic misinterpretation of the law.</p> <p>Using the example of King v. Burwell, this Essay shows that the overly strict scrivener’s-error doctrine threatens dramatic real-world harm. In King, opponents of the Affordable Care Act exploited a likely-but-less-than-absolutely-clear scrivener’s error to nearly bring down the most significant health reform legislation of the past half-century. More still, the challenge only failed because six justices were willing to accept an implausible textual argument. Furthermore, King is far from sui generis. Recent challenges to ambitious executive-branch action, for example, try to take similar advantage of the current doctrine.</p> Thu, 03 Sep 2015 14:39:42 +0000 willcanderson 29577 at http://www.law.uchicago.edu Perri Irmer, '91, Named CEO of DuSable Museum http://www.law.uchicago.edu/alumni/accoladesandachievements/perri-irmer-91-named-ceo-dusable-museum <div class="field field-type-text field-field-lead"> <div class="field-items"> <div class="field-item odd"> <p>Chicago attorney and government wonk&nbsp;Perri Irmer&nbsp;has been named president and CEO of the DuSable Museum of African American History.</p> </div> </div> </div> <div class="field field-type-text field-field-aa-source"> <div class="field-items"> <div class="field-item odd"> <div class="field-label-inline-first"> Original source:&nbsp;</div> <p><a href="http://www.chicagobusiness.com/article/20150902/BLOGS03/150909926/chicago-attorney-architect-named-ceo-of-dusable-museum" title="http://www.chicagobusiness.com/article/20150902/BLOGS03/150909926/chicago-attorney-architect-named-ceo-of-dusable-museum">http://www.chicagobusiness.com/article/20150902/BLOGS03/150909926/chicag...</a></p> </div> </div> </div> <p>Chicago attorney and government wonk&nbsp;Perri Irmer&nbsp;has been named president and CEO of the DuSable Museum of African American History.</p> <p>Irmer, 56, is a Chicago native and lifelong resident of the Hyde Park-Kenwood community and has a broad range of experience—she's also an architect and worked for years as head of the Illinois Sports Facilities Authority.</p> Thu, 03 Sep 2015 14:12:17 +0000 willcanderson 29576 at http://www.law.uchicago.edu Paul Woo Helps Track Down the Pen that Marked the End of WWII http://www.law.uchicago.edu/news/paul-woo-helps-track-down-pen-marked-end-wwii <div class="field field-type-text field-field-news-title"> <div class="field-items"> <div class="field-item odd"> One Pen’s Journey Through War and Peace </div> </div> </div> <div class="field field-type-text field-field-news-author"> <div class="field-items"> <div class="field-item odd"> Brian Spegele </div> </div> </div> <div class="field field-type-text field-field-news-publication"> <div class="field-items"> <div class="field-item odd"> The Wall Street Journal </div> </div> </div> <div class="field field-type-date field-field-datepublished"> <div class="field-items"> <div class="field-item odd"> <span class="date-display-single">September 2, 2015</span> </div> </div> </div> <div class="field field-type-text field-field-lead"> <div class="field-items"> <div class="field-item odd"> <p>Paul Woo—who works as director of career services at the University of Chicago Law School—recalls his grandfather’s friendship with Nimitz, and has memories of visiting the retired admiral’s home as a child.</p> </div> </div> </div> <p>Aboard the deck of the USS Missouri anchored in Tokyo Bay 70 years ago this week, [<span>Fleet Adm. Chester]&nbsp;</span>Nimitz took two pens from his pocket and signed Japan’s surrender, ending the war.</p> <p>One of them—a Parker fountain pen given to Nimitz by a friend and California banker named&nbsp;Y.C. Woo—soon vanished.</p> <p>[...]</p> <p>Paul Woo—who works as director of career services at the University of Chicago Law School—recalls his grandfather’s friendship with Nimitz, and has memories of visiting the retired admiral’s home as a child. When he began the search for the pen, he assumed it was buried away somewhere in Taiwan.</p> <p>Mr. Woo sought help from Taiwanese authorities in Chicago. But he learned over time the pen had never reached Taiwan.</p> <p>As the hunt continued, it became clear the missing Parker pen was, in fact, at a museum in Nanjing.</p> <div class="field field-type-text field-field-news-source-url"> <div class="field-items"> <div class="field-item odd"> <div class="field-label-inline-first"> Read more at:&nbsp;</div> <p><a href="http://www.wsj.com/articles/one-pens-journey-through-war-and-peace-1441166400" title="http://www.wsj.com/articles/one-pens-journey-through-war-and-peace-1441166400">http://www.wsj.com/articles/one-pens-journey-through-war-and-peace-14411...</a></p> </div> </div> </div> <div class="field field-type-nodereference field-field-faculty-news"> <div class="field-items"> <div class="field-item odd"> <div class="field-label-inline-first"> Faculty:&nbsp;</div> <a href="/senioradmins/woo">Paul Woo</a> </div> </div> </div> Wed, 02 Sep 2015 16:31:24 +0000 willcanderson 29565 at http://www.law.uchicago.edu Brian Leiter on the Gay Marriage Case in Kentucky http://www.law.uchicago.edu/news/brian-leiter-gay-marriage-case-kentucky <div class="field field-type-text field-field-news-title"> <div class="field-items"> <div class="field-item odd"> The Gay Marriage Case in Kentucky </div> </div> </div> <div class="field field-type-text field-field-news-publication"> <div class="field-items"> <div class="field-item odd"> CBS New York </div> </div> </div> <div class="field field-type-date field-field-datepublished"> <div class="field-items"> <div class="field-item odd"> <span class="date-display-single">September 1, 2015</span> </div> </div> </div> <div class="field field-type-text field-field-lead"> <div class="field-items"> <div class="field-item odd"> <p>Kim Davis, the county clerk in Morehead, Kentucky, is refusing to issue marriage licenses to same-sex couples based on her religious objections.</p> </div> </div> </div> <p>WCBS Anchor Wayne Cabot speaks with Brian Leiter, University of Chicago Law School Professor and author of "Why Tolerate Religion?," about Kim Davis, the county clerk in Morehead, Kentucky who is refusing to issue marriage licenses to same-sex couples based on her religious objections.</p> <p><a href="http://newyork.cbslocal.com/audio/880-extras/">Listen to the clip</a> (3 minutes, 30 seconds).</p> <div class="field field-type-text field-field-news-source-url"> <div class="field-items"> <div class="field-item odd"> <div class="field-label-inline-first"> Read more at:&nbsp;</div> <p><a href="http://newyork.cbslocal.com/audio/880-extras/" title="http://newyork.cbslocal.com/audio/880-extras/">http://newyork.cbslocal.com/audio/880-extras/</a></p> </div> </div> </div> <div class="field field-type-nodereference field-field-faculty-news"> <div class="field-items"> <div class="field-item odd"> <div class="field-label-inline-first"> Faculty:&nbsp;</div> <a href="/faculty/leiter">Brian Leiter</a> </div> </div> </div> Tue, 01 Sep 2015 20:53:26 +0000 willcanderson 29555 at http://www.law.uchicago.edu Labor Day: All libraries closed http://news.lib.uchicago.edu/blog/2015/09/01/labor-day-crerar-open-limited-hours-all-other-libraries-closed-2015/ In observance of the Labor Day holiday, all campus libraries will be closed on Monday, September 7. For a full list of library hours, see hours.lib.uchicago.edu. Tue, 01 Sep 2015 18:19:34 +0000 The University of Chicago Library http://news.lib.uchicago.edu/?p=27544 Personalizing Negligence Law http://www.law.uchicago.edu/faculty/research/omri-ben-shahar-personalizing-negligence-law <div class="field field-type-text field-field-facultyresearch-photo"> <div class="field-items"> <div class="field-item odd"> http://www.law.uchicago.edu/files/image/ben-shahar-porat-thumb.jpg </div> </div> </div> <div class="field field-type-text field-field-lead"> <div class="field-items"> <div class="field-item odd"> <p>We argue that with the increasing availability of information about actors’ characteristics, negligence law should give up much of its objectivity by allowing courts to “subjectify” the standard of care.</p> </div> </div> </div> <div class="field field-type-nodereference field-field-facultyresearch-author"> <div class="field-items"> <div class="field-item odd"> <div class="field-label-inline-first"> Author:&nbsp;</div> Omri Ben-Shahar </div> <div class="field-item even"> <div class="field-label-inline"> Author:&nbsp;</div> Ariel Porat </div> </div> </div> <p>The most fundamental feature of negligence law is the "reasonable person" standard. This feature bases negligence law on a strictly objective foundation: it requires people to behave in the prudent way that, as Holmes explained, the ordinary, typical member of their community observes. In this Article we argue that with the increasing availability of information about actors’ characteristics, negligence law should give up much of its objectivity by allowing courts to “subjectify” the standard of care—that is, to tailor it to the specific injurer’s tendency to create risks and her abilities to reduce them. We discuss the effects of this personalization of the standard of care on injurers' and victims' incentives to take care, injurers' activity levels and the injurers' ex ante investments in improving their skills. We also discuss justice considerations as well as the feasibility of personalization with the aid of Big Data.</p> Mon, 31 Aug 2015 21:49:52 +0000 willcanderson 29533 at http://www.law.uchicago.edu Esther Lardent, '71, Founder of the Pro Bono Institute, Profiled by The American Lawyer as 'Lifetime Achiever' http://www.law.uchicago.edu/alumni/accoladesandachievements/esther-lardent-71-founder-pro-bono-institute-profiled-american-lawye <div class="field field-type-text field-field-lead"> <div class="field-items"> <div class="field-item odd"> <p>Esther Lardent, founder of the Washington,&nbsp;D.C.-based Pro Bono Institute, can be very persuasive.&nbsp;</p> </div> </div> </div> <div class="field field-type-text field-field-aa-source"> <div class="field-items"> <div class="field-item odd"> <div class="field-label-inline-first"> Original source:&nbsp;</div> <p><a href="http://www.americanlawyer.com/id=1202735048092/Lifetime-Achiever-Esther-Lardent-Pro-Bono-Institute?slreturn=20150731112806" title="http://www.americanlawyer.com/id=1202735048092/Lifetime-Achiever-Esther-Lardent-Pro-Bono-Institute?slreturn=20150731112806">http://www.americanlawyer.com/id=1202735048092/Lifetime-Achiever-Esther-...</a></p> </div> </div> </div> <p><span>Esther Lardent, founder of the Washington,&nbsp;</span>D.C.-based Pro Bono Institute, can be very persuasive. Just ask U.S. Supreme Court Justice Ruth Bader Ginsburg, who has spoken at nearly all of PBI's yearly meetings since the late 1990s, no matter how busy her schedule. Ginsburg happens to be a big fan of PBI's efforts to give poor and disadvantaged communities better access to legal services. But Lardent's lobbying hasn't hurt.</p> <p>"She's a hard person to say no to," says Ginsburg.</p> <p>Many managing partners and general counsel would agree. Since PBI's launch in 1996, Lardent (aka the "Queen of Pro Bono") has convinced nearly 150 top-tier law firms and dozens of Fortune 500 legal departments to step up their commitment to pro bono. Her pitch is simple but effective: By doing good on the pro bono front, big law firms can boost recruiting and generate positive PR buzz—and thus also do well.</p> Mon, 31 Aug 2015 15:32:08 +0000 willcanderson 29515 at http://www.law.uchicago.edu Linda Hirshman, '69, Pens Biography of Justices Ginsburg and O’Connor http://www.law.uchicago.edu/alumni/accoladesandachievements/linda-hirshman-69-pens-biography-justices-ginsburg-and-o%E2%80%99connor <div class="field field-type-text field-field-lead"> <div class="field-items"> <div class="field-item odd"> <p>Part of what makes Hirshman such a likable writer — in addition to her wit and ability to explain the law succinctly without dumbing it down — is her optimism.</p> </div> </div> </div> <div class="field field-type-text field-field-aa-source"> <div class="field-items"> <div class="field-item odd"> <div class="field-label-inline-first"> Original source:&nbsp;</div> <p><a href="https://www.washingtonpost.com/opinions/groundbreaking-female-justices-on-the-supreme-court/2015/08/28/68290588-2bec-11e5-bd33-395c05608059_story.html" title="https://www.washingtonpost.com/opinions/groundbreaking-female-justices-on-the-supreme-court/2015/08/28/68290588-2bec-11e5-bd33-395c05608059_story.html">https://www.washingtonpost.com/opinions/groundbreaking-female-justices-o...</a></p> </div> </div> </div> <p>From the <a href="https://www.washingtonpost.com/opinions/groundbreaking-female-justices-on-the-supreme-court/2015/08/28/68290588-2bec-11e5-bd33-395c05608059_story.html"><em>Washington Post</em>'s review</a>:</p> <blockquote><p>Part of what makes Hirshman such a likable writer — in addition to her wit and ability to explain the law succinctly without dumbing it down — is her optimism. “Sisters in Law” ends with a call for more female justices. Surely, Hirshman concludes, judges who have experienced being female in American society will be more responsive to sex-equality concerns than the Roberts court has been.</p> <p>[...]</p> <p>Here is a biography of two women that focuses centrally on their work. (I have no doubt O’Connor loves her children, but their names don’t appear in the book.) This alone is cause for celebration; bookstore shelves aren’t exactly crowded with biographies of great women at work. How much better that the work in question seeks to enable many more women (and men) to carve out their own life stories unconstrained by sex-role stereotypes.</p> </blockquote> Mon, 31 Aug 2015 15:20:03 +0000 willcanderson 29514 at http://www.law.uchicago.edu My Chicago Law Moment: Debra Snider, ’79, Learned to Step Back and See What Others Didn’t http://www.law.uchicago.edu/news/my-chicago-law-moment-debra-snider-%E2%80%9979-learned-step-back-and-see-what-others-didn%E2%80%99t <div class="field field-type-text field-field-news-author"> <div class="field-items"> <div class="field-item odd"> Becky Beaupre Gillespie </div> </div> </div> <div class="field field-type-text field-field-news-publication"> <div class="field-items"> <div class="field-item odd"> Law School Communications </div> </div> </div> <div class="field field-type-date field-field-datepublished"> <div class="field-items"> <div class="field-item odd"> <span class="date-display-single">August 31, 2015</span> </div> </div> </div> <div class="field field-type-text field-field-lead"> <div class="field-items"> <div class="field-item odd"> <p>Before Debra Snider, ’79, was a law firm partner, a general counsel, an author, a speaker, or an executive focused on restructuring the law and corporate services departments of a multibillion-dollar company, she was a student at the Law School. And it was here that she honed powerful skills: the ability to see solutions that weren’t always apparent to others, and the ability to consider and incorporate outside perspectives without giving up her own position.</p> </div> </div> </div> <p><em><a href="http://www.law.uchicago.edu/search/node/%22My%20Chicago%20Law%20Moment%22">My Chicago Law Moment</a> is a new series highlighting the Law School ideas, experiences, and approaches that have impacted our students and alumni. </em></p> <p><img style="float: left; margin-left: 10px; margin-right: 10px;" src="http://www.law.uchicago.edu/files/files/my_chicago_law_moment_small_0.jpg" alt="" width="250" height="94" />Before Debra Snider, ’79, was a law firm partner, a general counsel, an author, a speaker, or an executive focused on restructuring the law and corporate services departments of a multibillion-dollar company, she was a student at the Law School. And it was here that she honed powerful skills: the ability to see solutions that weren’t always apparent to others, and the ability to consider and incorporate outside perspectives without giving up her own position.</p> <p>“The Law School taught me how to look at all of the angles of a situation, a problem, or an environment dispassionately without losing my natural passion for my own view,” said Snider, the author of three books, as well as the former executive vice president, general counsel, and chief administrative officer of Heller Financial and a former partner at what was then Katten Muchin &amp; Zavis. “That, when you think about it, is extraordinary. At the Law School, the Socratic Method caused me to realize that very, very bright people can differ violently on how they see something—and none of them is wholly right or wrong. All of the pieces add up to what we choose to call objective reality. This realization was woven through my entire business and writing career, and I can see what a huge gift it was.”</p> <p>Over the years, this thinking grew into an ability to look at a strategy, a vision, or even an organizational design and “reverse engineer it down to its components before rebuilding it” into something that was more efficient and effective. Creative problem-solving, fueled by an ability to divorce herself from the status quo, became the cornerstone of Snider’s management style. She grew accustomed to hearing, “We’ve never done it that way before.”</p> <p>As an in-house counsel several years after law school, she remembers raising questions about her company’s pre-computer strategy for dispersing checks and paperwork during a recission offer. It was a small moment—but one that remains vivid in Snider’s mind because it represented, in the simplest of terms, the difference between critical thinking and rote execution.</p> <p>“Someone would call out a name from an unsorted list and then 10 people would shuffle through their stack of checks until they found the name—and that looked as wrong to me as if the conference room had been filled with rabbits instead of people,” she said, chuckling at the memory. “I immediately suggested they alphabetize one of the lists. They looked at me and said, ‘But we’re in a huge rush.’ These were smart, competent people, but they had been given a task and told to complete it lickety-split, and they didn’t take one second to stop and think, ‘What’s the best and fastest way to do this?’ Of course, once they alphabetized one of the lists, which took maybe 20 minutes, it was the easiest thing in the world.”</p> <p>Years later, at Heller—the financial services company later acquired by General Electric Capital Corp.— she applied deep, creative, all-angles thinking to restructuring the law department, realizing that she had the ability to not only improve productivity but to deeply impact the lives of 35 lawyers and the paralegals and administrative staff who supported them. Most were incredibly smart men and women doing high-level legal work, but they were underappreciated and many were unhappy, she said. She needed to figure out what wasn’t working and why; she needed Law School thinking.</p> <p>“I took what the department did down to its fundamentals and tried to clear my own mind about how I thought internal departments ought to operate,” she said. “Then my team and I rebuilt it so it operated perfectly—using outside counsel properly, using inside counsel properly, making sure my people had jobs that fit their salaries and their intelligence. We realized, for instance, that it made no sense to have internal lawyers drafting documents when outside lawyers could be hired to do that more efficiently. Plus, outside lawyers had other clients, so they could bring best practices to the party. It made much more sense to have inside lawyers doing strategic work for their business units. It was much more interesting for experienced lawyers, much more deserving of multi-six-figure salaries, and so much more valuable for the company.”</p> <p>Instead of coming in with a vision she wanted to impose, Snider came in determined to “make Heller’s law department great”—a goal that required her to remain open, flexible, and attuned to other viewpoints.</p> <p>“There were numerous times when I felt strongly that we should go one way, and then wound up having to go a different way because the group wasn’t ready or the clients couldn’t accept it. We would have to get where we needed to go in three steps instead of going directly,” she said. “Recognizing that is something I wouldn’t have been able to do, given my general personality, if I hadn’t