The Milbank Tweed Forum 2012-2013

Fall 2012

SEP. 12

Living La Vida Corrupción: Wal-Mart, Mexico, and Corporate Bribery
In April, the New York Times published a page-one story headlined "Vast Mexico Bribery Case Hushed Up by Wal-Mart After Top-Level Struggle.” Written by Pulitzer-Prize-winning reporter David Barstow, the article chronicled a campaign of pay-offs by Wal-Mart to win market dominance in Mexico, followed by a corporate cover up of the conduct by officials at the highest level of the company. What does such brazen illegality by one of the world's largest and most visible corporations say about business culture generally? And what does it say about the effectiveness — or point — of the U.S. Foreign Corrupt Practices Act and other laws that bar such conduct?
Jennifer Arlen ’86, Norma Z. Paige Professor of Law, New York University School of Law
David Barstow, Investigative Reporter, The New York Times
Michael Nolan, Partner, Milbank, Tweed, Hadley & McCloy
Kevin Davis, Vice Dean and Beller Family Professor of Business Law, New York University School of Law
Click here to watch the video.

SEP. 19

Ask the G.C.: Corporate Counsel Offer a View from the Top
Find out what keeps the top lawyers at major companies up at night, what they like and what they would change  about their jobs – and about the lawyers they retain – and what recommendations they might have for those just starting their careers.
Paul Cappuccio, Executive Vice President and General Counsel, Time Warner
Richard Cotton, Executive Vice President and General Counsel, NBCUniversal
Randal Milch ’85, Executive Vice President and General Counsel, Verizon
Deirdre Stanley, General Counsel, Thomson Reuters
Esta Stecher, Chief Executive Officer, Goldman Sachs Bank USA
Samuel Estreicher, Dwight D. Opperman Professor of Law, New York University School of Law
Click here to watch the video.

OCT. 3

Is this a 1% Court?: The 2012-13 Supreme Court Preview
Co-hosted by the Alliance for Justice
The 2011-12 Supreme Court Term was full of blockbuster cases and the 2012-13 term is already shaping up to be its equal. Last Term featured the health care decision some called “The Case of the Century,” the GPS tracking decision, and the Arizona immigration case, among others. This Term the Justices are already tackling affirmative action, and many expect gay marriage and the constitutionality of the Voting Rights Act to follow. But while these cases grab the headlines, some believe that the Supreme Court has quietly become a court for the 1%, rendering decision after decision that benefits corporations at the expense of consumers and employees. Is it a pro-big business Court? Is the Court contributing to the rising inequality in American society through its business decisions and its “social issue” decisions? Or are these claims over-stated?
Viet Dinh, Founding Partner, Bancroft PLLC; Professor, Georgetown University Law Center; and former Assistant Attorney General for Legal Policy, U.S. Department of Justice
Katrina vanden Heuvel, Editor and Publisher, The Nation
Judge Nancy Gertner (Ret.), Former Judge, U.S. District Court of Massachusetts; Professor of Practice, Harvard Law School; and Author of In Defense of Woman: Memoirs of an Unrepentant Advocate
Barry Friedman, Jacob D. Fuchsberg Professor of Law, New York University School of Law
Click here to watch the video.

OCT. 10

Rule of Law in China: A Conversation with Chen Guangcheng
More than four months ago, and with much fanfare, Chinese activist Chen Guangcheng arrived in the U.S. and began his affiliation with the U.S.-Asia Law Institute (USALI) at NYU Law. USALI co-director Professor Jerome Cohen, who played a central role in the arrangements that brought Chen to this country, engage Chen in a Q&A. Ira Belkin ’82, USALI new executive director, participates in the discussion-and provide translation.

Jerome Cohen, Professor of Law; Co-Director, U.S.-Asia Law Institute, New York University School of Law
Click here to watch the video.

OCT. 17

Making the Most of Law School: What We're Doing and What You Can Do
Lots of questions have been raised lately about the value of a law school education, and whether law schools are providing the kind of training demanded by the marketplace. A strategy committee of NYU Law’s board of directors considered these criticisms, as well as recent changes in law practice, and recently issued recommendations for enhancements to the Law School curriculum. Dean Richard Revesz and strategy committee chair Evan Chesler ’75 will announce a series of initiatives based on these recommendations, many of which are aimed at giving more focus to the 3L year. Joining them for a discussion – and to answer your questions – will be several of the individuals who will play a key role in carrying out the new programs.

Melody Barnes, Vice Provost for Global Student Leadership Initiatives, New York University; Former Assistant to President Barack Obama and Director of the White House Domestic Policy Council
Evan Chesler ’75, NYU Law Trustee and Presiding Partner, Cravath, Swaine & Moore
Kevin Davis, Vice Dean and Beller Family Professor of Business Law, New York University School of Law
Sally Katzen, Visiting Professor of Law, New York University School of Law; Senior Adviser, Podesta Group
Richard Revesz, Dean and Lawrence King Professor of Law, New York University School of Law
Click here to watch the video.

OCT. 24

Law School Exams: Finding the Right Approach
The old saw has it, the two things you can't avoid are death and taxes. There's a third - exams! As we come to the end of the Fall Semester, this Forum is devoted to the art and science of exam-taking. Professor Friedman, co-author of Open Book:  Succeeding on Exams from the First Day of Law School, will give a comprehensive primer on how to succeed in writing law-school exams. Student guests will discuss their tips on outlining and studying.

Subash Iyer '13
Maria Ponomarenko '14
Barry Friedman, Jacob D. Fuchsberg Professor of Law, New York University School of Law
Click here to watch the video.

OCT. 31 Event canceled due to hurricane Sandy.

Blasphemy and Beyond: Reconciling Faith and Free Expression, from YouTube to the Pulpit
Religious offense often flows in multiple directions. Take the infamous YouTube video, which unleashed a firestorm of outrage and violence from Muslims worldwide. Days before, priests in every parish in Scotland read a bishops' letter denouncing that country’s plan to legalize same-sex marriage, which Scottish Cardinal Keith O’Brien called “a grotesque subversion of a universally accepted human right.” These and other examples will animate a discussion among leading scholars in law and philosophy in which they will consider how tensions between free speech and faith should be managed in a democratic society: should free speech be limited in such circumstances and if so, where should boundaries be drawn and by whom?
Kwame Anthony Appiah, Laurance S. Rockefeller University Professor of Philosophy and the University Center for Human Values, Princeton University
Andrew March, Associate Professor of Political Science, Yale University
Jeremy Waldron, University Professor, New York University School of Law
Shaheed Fatima, Global Visiting Professor of Law, New York University School of Law

NOV. 14

Diplomacy in the Twenty-First Century: Challenges for the New Administration
Iran is on the verge of a breakout nuclear capability; the Eurozone is in deep distress; Syria is facing a humanitarian crisis; China and North Korea are undergoing leadership transitions; and turbulence continues in Egypt and throughout North Africa.  As President Obama prepares for his second term, questions about American leadership are at stake. And traditional patterns of interstate diplomacy have been upended, given the enhanced power of popular movements, private sector actors like banks, and terrorist groups to influence the geopolitical agenda. Two prominent foreign policy experts will join us to discuss how the United States might accomplish its strategic objectives in this environment of diffused power: Ambassador Christopher Hill, America’s former Ambassador to Iraq, South Korea, Poland, and Macedonia who also served as the Assistant Secretary of State for East Asian and Pacific Affairs, and as the head of the U.S. delegation to the Six-Party Talks on the North Korean nuclear issue; and Dr. Charles Kupchan, Whitney Shepardson Senior Fellow at the Council on Foreign Relations (CFR), Professor of International Affairs in the Walsh School of Foreign Service and Government Department at Georgetown University, and former Director for European Affairs at the National Security Council (NSC) during the first Clinton administration.  Before joining the NSC, Dr. Kupchan worked in the U.S. Department of State on the policy planning staff.

Christopher Hill, Dean, Josef Korbel School of International Studies; Former U.S. Ambassador to Iraq
Charles Kupchan, Whitney Shepardson Senior Fellow, Council on Foreign Relations
Sujit Choudhry, Cecelia Goetz Professor of Law, New York University School of Law
Click here to watch the video.


Spring 2013

FEB. 6

Mandatory Detention: The Mass Incarceration of Immigrants
Approximately 400,000 people are detained in prisons, jails, and private detention facilities across the country pending deportation proceedings.  For many of these immigrants, the federal government asserts that their detention is mandated--even for years--without the right to an individualized bond hearing.  As the Obama Administration and Congress contemplate comprehensive immigration reform, elected officials have paid little attention to the expansive and costly mass incarceration of immigrants as part of the country's current enforcement-first approach.  In this Forum, we'll hear from the leading litigators and community activists who are taking the mandatory detention system head-on, both nationwide and just across the river in New Jersey, where hundreds of immigrant New Yorkers are held each year.

Judy Rabinovitz '85, Deputy Director and Director of Detention and Federal Enforcement Programs, American Civil Liberties Union
Ravi Ragbir, Organizer, New Sanctuary Coalition of New York City
Silky Shah, Communications Director, Detention Watch Network
Alina Das '05, Assistant Professor of Clinical Law, New York University School of Law
Click here to watch the video.

FEB. 13

U.S. Reproductive Rights in 2013: A Critical Look at Where We Stand
The 2012 election was full of references and rhetoric related to women’s reproductive rights.  From whether birth control should be covered by Obamacare, to the attempts to defund Planned Parenthood, to the infamous “legitimate rape” statement by a congressional hopeful, women’s rights in the context of their reproductive freedoms was front-page news.  Observers in New York City may find it hard to gain perspective on how reproductive rights issues play out in less liberal parts of the country. This forum will look at these issues in the national context, providing an overview of where we stand as a nation, with facts and figures, and an opportunity to discuss where these issues fit in the broader context of women’s rights, access to health care, and the march towards equality.  Panelists will also discuss some recent “wins” for women’s rights in New York.

Dina Bakst, Co-Founder and Co-President, A Better Balance
Angela Hooton, State Policy and Advocacy Director, Center for Reproductive Rights
Ariela Migdal '01, Senior Staff Attorney, American Civil Liberties Union Women's Rights Project
Denise Tomasini-Joshi, Assistant Dean for Public Service, NYU School of Law
Click here to watch the video.

FEB. 20

Cliffs Forever?: Tax Reform and the Future of Fiscal Policy
After weeks of negotiations, in the first days of January, Congress and the Obama Administration struck a last-minute deal that averted the so-called “fiscal cliff”, a combination of federal tax increases and budget cuts.  Yet this compromise merely deferred until March 1st “sequestration”, which will cause the military and dozens of other government agencies to face about $1 trillion in automatic budget cuts over the coming decade.  And, the debt limit again looms later in the year.  Did Congress make progress toward reducing our fiscal shortfalls by enacting tax increases earlier this year?  What is likely to happen in the upcoming sequestration negotiations and how will it affect the economy?  Is tax reform the way forward, or is it a distraction?  And why do budget and tax debates appear to occur only when the clock is ticking on looming high-stakes deadlines?  Join a panel of experts for a timely discussion of these questions and more as we consider approaches to addressing America’s fiscal future.
Rosanne Altshuler, Professor and Chair, Department of Economics; Rutgers University
David Kamin '09, Assistant Professor of Law, New York University School of Law
Daniel Shaviro, Wayne Perry Professor of Taxation, New York University School of Law
Joshua Blank (LL.M. ’07), Professor of Tax Practice; Faculty Director of the Graduate Tax Program, New York University School of Law
Click here to watch the video.

FEB. 27

Why Top Law Schools Still Aren't Hiring Enough Faculty of Color
It has been twenty-three years since Professor Derrick Bell left Harvard Law School in protest of the school's refusal to hire any tenure-track women of color. Today, though the US News "top ten" law schools publicly assert their commitment to diversity, over five out of six of their faculty members are white. Those in charge of hiring often say it’s a “pool problem”—that there aren’t enough qualified candidates of color to fill available positions.

But who picks the pool?  What do they value when selecting candidates?  What can and should institutions be doing to build diverse faculties? As important, what is the impact of the absence of faculty diversity on the student experience? And what might law schools' hiring practices say about their values as institutions?
Leonard M. Baynes, Professor of Law and Director of the Ronald H. Brown Center for Civil Rights and Economic Development, St. John’s University School of Law
Dorothy A. Brown, Professor of Law, Emory University School of Law
Peggy Cooper Davis, John S.R. Shad Professor of Lawyering and Ethics, New York University School of Law
Sarah E. Burns, Professor of Clinical Law, New York University School of Law
Click here to watch the video.

MAR. 6

A New Framework for Success: Fine-Tuning Your Academic Approach
The Office of Student Affairs is proud to host the March 6 Milbank Tweed Forum dedicated to helping you fine-tune your academic approach. This workshop is a follow up to our January panel titled, "Making Sense of Your 1L Grades."
Join Professor Troy McKenzie and fellow students as we discuss ways to retool your exam taking skills and explore new approaches to studying. In an effort to build upon your first exam experience, we will highlight best practices for outlining and using outlines as your exam prep framework.
Jayla Randleman ’13
Arin H. Smith ’14
Joel D. Todoroff ’14
Troy McKenzie ’00, Associate Professor of Law, New York University School of Law

MAR. 13

Covering the Supreme Court: The View from the Press Corps
Normally journalists are the ones asking the questions, but at this event we’ll turn the tables and query a group of reporters who regularly cover the Supreme Court on the following topics:
 - The Roberts Court: What do we know about the Roberts Court? How conservative is it? Where is it conservative? Liberal?
 - Getting the great scoop: What does it take, what sorts of contacts do you need?
 - Contacts: What are your personal relations with the justices? Their clerks? Other staff?
 - Predictions gone wrong: Where have the press or academic pundits blown it?
 - Predictions about this term’s trifecta: the Voting Right Act, affirmative action, and same-sex marriage cases.
 - Translating law and legal abstractions for a general audience.
 - Is journalism a good career for lawyers?
Jess Bravin, Supreme Court Correspondent, Wall Street Journal
Adam Liptak, Supreme Court Correspondent, New York Times
Samuel Estreicher, Dwight D. Opperman Professor of Law and Co-Director of the Dwight D. Opperman Institute of Judicial Administration, NYU School of Law
Click here to watch the video.

MAR. 27

Climate-Proofing New York
What should New York City be doing to prepare for climate change? Some people propose building sea barriers, drawing on the experience of the Netherlands and St. Petersburg, Russia.  Others argue for “managed retreat” or buying out homes in areas damaged by Hurricane Sandy and vulnerable to future storms and rising seas.  Opponents of retreat insist on rebuilding damaged areas and do not want to abandon communities or lose the socio-economic diversity of the waterfront areas in the region.  There are also a wide range of ideas for improving the city’s infrastructure to better withstand the effects of climate change.  Come hear a panel of experts debate the options.

Eddie Bautista, Executive Director, The New York City Environmental Justice Alliance
Malcolm Bowman, Distinguished Service Professor and Professor of Physical Oceanography, State University of New York at Stony Brook
Stuart Gruskin, New York Chief Conservation and External Affairs Officer, The Nature Conservancy
Cortney Worrall, Chief Operating Officer, Metropolitan Waterfront Alliance
Katrina Wyman, Professor of Law, NYU School of Law

Click here to watch the video.


Concussions, Litigation, and the Future of Football
The current concussion litigation against the National Football League in federal court in Philadelphia has been called by noted attorney and former baseball commissioner Fay Vincent "an existential threat to the NFL." On April 9, the court will hear argument on the NFL’s motion to dismiss the lawsuit, now joined by 4,000 retired players, based on the argument that that the claims are preempted by labor law. Come hear a panel of experts deconstruct this complex case and assess whether it could ultimately throw football for a loss.

Jodi Balsam ’86, Associate Professor of Law, New York Law School and former Counsel for Operations and Litigation for the NFL
Robert Boland, Academic Chair, NYU Preston Robert Tisch Center for Hospitality, Tourism, and Sports Management
Harry Carson, Former player for the New York Giants and member of the NFL Hall of Fame
Kenneth Feinberg ’70, Founder and Managing Partner, Feinberg Rozen, LLP
Christopher Seeger, Co-Founder and Partner, Seeger Weiss, LLP
Arthur R. Miller, University Professor, NYU School of Law
Click here to watch the video.