Columbia Law ProfessorLouis Henkin ‘40, oftencalled the Father of HumanRights, died on Oct. 14 at theage of 92.According to the NewYork

Times, Henkin applied toHarvard Law School on awhim after graduating fromYeshiva University in 1937.He went on to edit the Har-vard Law Review and clerkfor Judge LearnedHand at theUnited States Court of Ap-peals for the Second Circuit inManhattan before serving inthe Army during World War

II. During his service, Henkinconvinced a German force of78 soldiers to surrender to his13-man group and earned theSilver Star. Upon his return,Henkin clerked for JusticeFelix Frankfurter at theUnited States Supreme Court.Still, Henkin's most remem-

bered achievements are hiscontributions to HumanRights scholarship and advo-cacy. Henkin founded Colum-bia's Center for the Study ofHuman Rights in 1978 and itsHuman Rights Institute in1998. He authored forcefulworks in the field of human

rights, including "ForeignAf-fairs and the Constitution,''"The Rights of Man Today,''"How Nations Behave,'' and"The Age of Rights." Collec-tively, the New York Timesreferred to his work as "re-quired reading for govern-ment officials and diplomats.""Loius Henkin was a giant

in the field and a pioneer inthe cause of human rights inthe United States," said Pro-fessor James Cavallaro, Exec-utive Director, Harvard LawSchool Human Rights Pro-gram.

Spend five minutes in the lounge ofthe Criminal Justice Institute (CJI) andyou are bound to be overwhelmed. Stu-dents run from small office to small of-fice, commandeer the copymachine, andvigorously debae the merits of an ob-scure law review article. It is no wonderthis program produced the victors of theNational Puerto Rico Trial AdvocacyCompetition for the second consecutiveyear, held this year in San Juan on Oct.28-30.CJI’s trial advocacy team is composed

of four student advocates, handpicked bythe dedicated leaders tasked with coach-ing them to success. “The goal was todefend [last year’s] title,” said ClinicalInstructor Dehlia Umunna, who, alongwith CJI Deputy Director Soffiyah Eli-jah, coaches the CJI team. “It was notenough to do well.”This year’s team was comprised

Ieshaah Murphy ‘12, Anthony Hen-dricks ‘12,MostofaAbdelkarim ‘13, andNneka Ukpai ‘13. Murphy, who wonbest advocate after a statistical tie withUkpai — the two were separated by asmall fraction of a point — participatedin mock trial competitions throughouther undergraduate career and has hersights set on the public defender’s office.A spot on the CJI trial advocacy teamseemed a natural fit.The trial team argued a case involving

an armed robbery and murder commit-ted within days of the defendant’s re-lease from prison for a separate armedrobbery charge. The prosecution, staffedby Abdelkarim and Hendricks, calledtwo police officers who testified that thedefendant confessed to committing thecrimes to them. In response, the defensecalled the defendant’s parents, whoserved as alibi witnesses. When askedwhy the defense made the decision notto call the defendant to testify on his ownbehalf, Akpai remarked, “that’s not a

In his own words, "badthings happen to good peo-ple everyday."It is only in special cases,

however, when faced with atragedy that leaves an indeli-ble mark on the UnitedStates and its citizenry, thatKenneth Feinberg is calledupon to decide how best tocompensate victims.On Nov. 3, Feinberg lec-

tured to a packed house ofprofessors, students, andcommunity members at Har-vard Law School as part ofits Views from Washingtonseries. Introduced by DeanMartha Minow as "the mas-ter of problem solving,"Feinberg launched immedi-ately into a discussion of hisrole as Special Master incharge of compensating vic-tims of some of the country'sgreatest public policy crisesin recent times, includingthe Virginia Tech shootings,the Sept. 11 terrorist attacksand, most recently, the BPGulf oil spill.His distinct Boston accent

and oratory skill on full dis-play, the reluctant "pay czar"described his methods of ap-proaching national crises,why his strategies have beensuccessful in different situa-tions, and why mastery, cre-ativity, and flexibility haveproven key ingredients tocareer success.Sometimes the conven-

tional way of resolving adispute in the courtroomdoes not or cannot work,

said Feinberg. In such situa-tions, as after Sept. 11, dis-pute resolution andmediation may prove moreuseful tools."The sheer volume of

claims [that would arise as aresult of a monumental

tragedy] makes the legalsystem inefficient, which isa terrible label to put on thesystem," said Feinberg.Instead, dispute resolution

and managed funds help re-move pressure from the sys-tem and provide

compensation for victims ofnational tragedies. The deci-sion to establish a fund forthe families of Sept. 11 vic-tims, for example, was "avery unique response to anunprecedented event," saidFEINBERG, cont’d on pg. 8

Harvard Law RecordNovember 12, 2010 Vol. CXXXI, No. 2www.hlrecord.org — twitter @hlrecord

The Independent Newspaper at Harvard Law School

News

• Law School Gets Crafty at Fair• Suk Awarded Tenure

Culture• Soul Food Exists in Cambridge• Costumed Revelers CelebrateHalloween with Boos and Booze

INSIDEThe HL Record

‘Pay Czar’ Feinberg Discusses His Role inDistributing Funds to Victims of U.S. Tragedies

COMPENSATING THE INCOMPENSABLE

BY TAREAH IKHARO

Kenneth Feinberg, the independent administrator of a $20 million fund set upto compensate victims of the BP oil spill in the Gulf of Mexico, told HarvardLaw students that dispute resolution and managed funds help to removepressure from the legal system, which cannot always handle the volume ofclaims that arise after a large tragedy.

DAVID BRODY/HL RECORD STAFF

Mock TrialTeamWins inPuerto Rico

TRIAL, cont’d on pg. 2Louis Henkin ‘40, ‘Father of Human Rights,’ DiesBY JOEY SEILER

HLS YEARBOOK/PHOTO COURTESY

Henkin appears in HLS’1940 yearbook.

BY TAREAH IKHARO

Page 2 Harvard Law Record November 12, 2010

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Mock Trial TeamWins Puerto Rico Competitiongood idea in general.” Doing so,he explained, has the potential toshift the burden of proof fromthe prosecution to the defense.“Every school we went againstcalled the defendant,” saidAkpai, noting that such tacticaldecisions routinely make orbreak cases for attorneys.The relationship between the

Puerto Rico competition teammembers and their coaches canonly be described as one of mu-tual admiration. “I’m not a drillsergeant—yet,” said Umunnawith a laugh, noting that thosestudents lucky enough to makethe CJI team already have thetalent and fundamentals essen-tial to advocacy. “Our job issimply to hone those skills forsuccess.”The coaches are not, however,

dictatorial — part of their men-torship process involves provid-ing a great deal of autonomy tostudent advocates and allowingthem to develop their own casetheories. “It’s really more of acaring, mentoring relationship,”said Ukpai. “They are like myfamily.” Ukpai, the most expe-rienced member of the PuertoRico team, having won a placeon numerous trial teams, includ-ing last year’s Puerto Rico team,describes her relationship withher teammates in similar terms.

While theymay have passionatedebates on whether to introducea piece of evidence or on themerits of calling a certain wit-ness, disagreements are voicedrespectfully. “Reasonablemindscan differ,” she said. One key tosuccess is figuring out a methodfor working through disagree-ments in a constructive manner.“We get into passionate eviden-tiary debates, people bring for-ward supporting law for theirpositions, we discuss, and thenwe come to a group consensus,”said Ukpai. In the end, whatmatters for the success of theteam, after spending countlesshours together debating in-tensely, is the maintenance ofcohesion. “It is much easier tomanage a teamwhen they agreeon principle and realize that theteam unit matters more than anyindividual, “ said Umunna. “Inthat sense, this team in brilliant.Committed. Passionate. Proba-bly one of the best teams wehave ever had.”And members seem to have

much appreciation for the skillseach person brings to the team.Abdelkarim is described by histeammates as the great story-teller of the bunch, with the abil-ity to captivate the courtroomcompletely. “The prosecutortold meMostofa’s closing argu-ment moved her to tears,” said

Ukpai with a smile. “And shehelped write the problem!”Murphy elaborated that whenin character, Abdelkarim takeshis role very seriously. “Duringone really intense and longpractice session, I said a “mur-dery” instead of a murder androbbery. Mostofa, who wasplaying a witness, did not

laugh at all — he just lookedme dead in the eye!”Hendricks, an affable and

proud Oklahoman, is describedas the epitome of poise andcalm in the courtroom. “He’sthe everyday guy,” said Mur-phy. “Nice, easy to get alongwith... you want to listen towhat he has to say.”

For Ukpai, who plans to be atrial lawyer, the benefits gar-nered from participation on theteam outweigh the hard workand long hours she puts inalong the way. “We get an in-credible amount of one-on-onecriticism and feedback that wewould not normally have thechance to receive,” she said.

Suk Awarded TenureHarvard Law School awarded Pro-

fessor Jeannie Suk ‘02 tenure in Octo-ber, making her the firstAsian-American woman to gain tenureat the school.One of the most striking features of

Suk’s work is the sheer diversity anddepth of her research interests, fromcriminal law to intellectual property todomestic violence. Dean MarthaMinow lauded the interdisciplinary na-ture of her work."Jeannie Suk's imaginative, probing,

and sometimes provocative scholarshipbuilds bridges between criminal andfamily law, between law and the hu-manities, and between theory and prac-tice," Minow wrote in a statementannouncing Suk's tenure.In an interview with the Harvard

Law Record, Suk described herself as“multilingual”: she said she enjoysswitching between different subjectareas and following several ideas.Once she has explored a topic, shemoves on to other areas, but does not“close the file” in her intellectual life,she said.She is currently working on her next

book. which will examine the develop-ment of the concept of trauma and howit connects with and influences manydifferent areas of the law. Her work asa Guggenheim Fellow and HumanitiesFellow at Harvard College this past ac-ademic year allowed her to research thetopic and its intersections with otherdisciplines.

Many have celebrated Suk for beingthe first Asian-American woman pro-fessor to receive tenure at the LawSchool. While acknowledging the im-portance of her accomplishments to herethnic community, Suk says she findsthe Harvard Law environment support-ive and inclusive and feels comfortableamong her peers and colleagues.She described a very different expe-

rience in her time as a student here.When Suk attended Harvard Law, each1L was just one member of a 120-stu-dent section with far less social cohe-sion and no feeling of, as she put it,“esprit de corps.” Now she observesstrong section solidarity. Section Fourstudents from past years now feel animmediate connection with her as itsleader this year, she said.Suk, a dancer since childhood, has

also connected with many studentswith backgrounds in the fine arts. Herexperience as a disciplined ballerinaserved, she says, as her “first trainingground for aiming for excellence.”More specifically, her history has in-

formed her current interests in law andthe arts. In a recent article for the Stan-ford Law Review, she advocated thatcopyright protection be extended tofashion. New York Senator CharlesSchumer's most recent fashion copy-right bill draws from the work done bySuk and co-author C. Scott Hemphill, aprofessor at Columbia Law.Suk is currently co-teaching a course

on Performing Arts and the Law withacclaimed dancer Damian Woetzel.

BY STEPHANIE YOUNG

NNEKAUKPAI/PHOTO COURTESY

(l-r) Anthony Hendricks '12, Mostafa Abdelkarim '11, Ieshaah Murphy '12, andNneka Ukpai '11 pose with Judge Jay A. Garcia (center), a federal judge for theUnited States District Court for the District of Puerto Rico.

TRIAL, cont’d from pg. 1

November 12, 2010 Page 3

Moderates are the greatest enemy oftoday’s liberals. On Saturday, Oct. 30,Jon Stewart’s “Rally to Restore Sanity”was attended by borderline apathetichipsters who were more interested intheir witty, neon-colored posters than thesubstance of their political messages.Estimated at 200,000 people, the crowdthat filled sixteen square blocks of theNational Mall symbolized the biggestgathering of militant moderates D.C. hasever seen.Standing before themwas the greatest

moderate of all of them, Jon Stewart.Asked whether people should vote,Stewart replied, “They should do whatmoves them. It’s not my place to makethat choice for them.” Instead he saidthat he and Steven Colbert “just hopethat people continue to like [their shows]so that Comedy Central can continue tosell beer to young people.”Calling Jon Stewart, the Comedy Cen-

tral king of liberal satire, a moderatemight seem inaccurate. But moderate hewas in encouraging signs like “LegalizeConan,” “If you keep shouting like thatyou’ll get big muscles all over yourface,” and “Is this the line for JustinBieber Tickets?” over his encourage-ment of a liberal vote.As Scott McLemee of Inside Higher

Ed wrote, the “anti-ideological spirit ofthe event is dangerous. The attitude thatit's better to stay cool and amused thanto risk making arguments or expressingtoo much ardor -- this is not civility. It’stimidity.”This moderate or timid behavior has

consequences. Just two days after theRally, the Democrats suffered a poignantloss as the Republicans picked up 60seats in the House, the largest Housesweep since 1948 in the mid-term elec-tion, removing Nancy Pelosi as Speakerof the House.One reason for the loss was that only

roughly 20 percent of Americans underthe age of 30 voted in Tuesday's midterm

elections, according to the Center for In-formation and Research on Civic Learn-ing and Engagement. In other words, theexact demographic present at the Mallwas the same demographic missing atthe polling stations just two days later.Despite this turnout being in the nor-

mal range for midterm elections, thiswas three percentage points lower thanthe 2006 election.However, not everyone agrees that the

youth were to blame. Quoted in a Chron-icle of Higher Education article aboutthe midterm elections, Heather Smith,president of Rock the Vote said, "Whatwe saw was not an enthusiasm gap"among young voters, "but a leadershipgap from these candidates."One political leader many have

blamed is President Barack Obama. In

March of 2009, the NewYork Times re-ported a “moderate” David F. Hamiltonwas to be President Obama’s first nom-ination to the Court ofAppeals. Similarobservations have been made aboutObama’s other nominations, his legisla-tive reforms, and political statements.Since Hamilton’s confirmation, The

Atlantic, The New Republic, and eventhe Wall Street Journal have all joinedthe New York Times and describedObama and his administration as mod-erate. His administration’s turn to mod-erate politics has also been blamed forthe apathy within the party.Just days before the Rally, Jon Stew-

art intimated this to President Obama inan on-air interview, stating, “You ran onvery high rhetoric, hope, and change,and the Democrats this year seem to be

running on, ‘Please baby, one morechance.’” Moreover, Stewart called thehealthcare plan “timid,” “political,” anda mediocrity which only “papered overa foundation which is corrupt.”Certainly Stewart is not all wrong.

Marshall Ganz, a veteran union organ-izer and lecturer at Harvard’s KennedySchool hired as an Obama campaign of-ficial, agreed that Obama’s administra-tion faltered when it lost its powerfulrhetoric from the campaign. Values, ac-cording to Ganz' LosAngeles Times op-ed, are what dropped out of theDemocratic politics.In addition to rhetoric, certainly ad-

vocates of changing corrupt practices inCongress like Prof. Lawrence Lessigwould agree that the Obama adminis-tration should have attacked faulty pro-cedures in Congress that led to aweakened healthcare bill. However,Stewart missed a point.But at the end of the interview Presi-

dent Obama asked his host if he couldmake just one plug to the audience. Hethen said, “vote.”In contrast, Stewart never asserted the

same message in his rally. Instead, heasked left and right pundits to “take itdown a notch for America” and dispar-aged what he called “the country’s 24-hour political pundit perpetual panicconflictinator.” Instead of taking softswings at the media, perhaps he couldhave uttered one important politicalword: “vote.” He should have askedthat moderates become political.Certainly Stewart is not to blame for

the election. He is just a symptom of alarger sickness. But it isn't just Stewart’srefusal to become political while stand-ing on the most political geographiclandmark of our country that we shouldcall out.We should all question our ownbehavior: Are we too timid to becomepolitical? Had we found the courage tovote, to write an article, to picket, to en-gage, and to take a stand, then perhapswe could have returned to progress.

BY VICTORIA BARANETSKY

Some signs at the “Rally to Restore Sanity,” held in Washington, D.C. on Oct. 30, made reference topolitical affairs; others made light of pop culture, telling officials to “Legalize Conan.”

DAVID BRODY/HL RECORD STAFF

Cowardice is the Greatest Enemy of the Liberal Party

OPINIONRALLYING FOR APATHY

DAVID BRODY/HL RECORD STAFF

When I’m really in the mood for afeast — the kind that’s going to leaveme reeling in a fit of foodie bliss —there’s always one cuisine I can relyon: Southern, real Southern. Unfortu-nately, or so I thought, I'm in Boston.But then I found Hungry Mother,

somewhat of a local cult classic andright in Cambridge. This tiny restau-rant, nestled in an inconspicuous cor-ner on an equally inconspicuousstreet, brings Southern cuisine fromdown home to the city. The KendallSquare spot serves up everything fromcornbread and boiled peanuts to gritsand catfish — the exact remedy Ineeded for my insatiable craving forthe heavy, the starchy, and the fried.But Hungry Mother isn’t a shack;

inside you'll encounter a restaurantpacked to the brim with foodies. It'snot a hole-in-the-wall joint, thoughsome diners come for the homey,unassuming vibe. And while it keepsthings simple with bland, white wallsand small, cramped tables, every oneis packed with a mouth-watering dis-

play. Plus you get to drink out of amason jar.Regardless, it's the food people

come here for. Southern cuisine tendsto suffer from a negative stereotype.Because it uses simple, traditional in-

gredients, it can’t be elegant, complex,or novel. Hungry Mother, though,flips that all on its head, and adds itsown spin to the classics, for flavor-through-the-roof results.Take, for instance, the brilliant

chicken-fried Vermont quail ($13), myappetizer for the night. Normally,you’d get a bird breaded, fried, andserved with something starchy. Here,however, the quail was nearly per-fectly counterbalanced with Mutsu ap-ples and Tabasco honey. The outsidewas crunchy, but never too much. In-stead, I could taste the quail, which lit-erally burst with natural juices as I bitinto it. The Tabasco honey gave thedish a lightness to help take my mindoff the grease from the fry job, pro-viding a slightly spicy kick at the endthat left my tongue tingling. The ap-ples were slightly mushy from theirexposure to the sauce, but their sour-ness played off very nicely against thesweetness of the honey. Finally, therewas just enough salt to leave mesmacking my lips. In one dish, then, Igot sweet, crunchy, sour, spicy, sa-

Page 4 Harvard Law Record November 12, 2010

HUNGRY FOR SOUL FOOD? IT’S BUT A T RIDE AWAY.

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HLS to hostNobel Prizewinner, ex-Haitian PMA Nobel Prize winner and the for-

mer prime minister of Haiti are amongthe speakers who will discuss how totackle development challenges nationsface after natural disasters at a sym-posium to be held at the law schoolFriday, Nov. 19.Amartya Sen, a Harvard professor

who was awarded the 1998 NobelPrize in Economic Sciences, and for-mer Haitian Prime Minister MichelePierre-Louis will be the keynotespeakers at the HLS Law & Interna-tional Development Society’s inaugu-ral symposium. They will discusschallenges posed after two natural dis-asters that occurred in the past year –the floods that tore through Pakistanin July and the earthquake that devas-tated Haiti in January.Two panels will round out the sym-

posium. The first will focus on therule of law after a natural disaster oc-curs and methods for protectingagainst the collapse of the rule of lawin case of disasters. The second willaddress economic rights and financialflows.“This symposium will further LIDS’

mission to recognize the growing im-portance of the legal profession in theinternational development discus-sion,” HLS LIDS Co-President AnneHealy said in a press release. “We lookforward to the opportunity to engagewith these speakers and other mem-bers of the development community.”

BY JENNY PAUL

Kendall Square Spot Puts its Twist on Southern Traditions

SOUTHERN, cont’d on pg. 5

BY EDMUND MOKHTARIAN

Southern cuisine at Hungry mother isn’t your stereotypical fried fare.Diners can order chicken-fried Vermont quail as an appetizer. Platedwith Mutsu apples and Tabasco honey, the dish is “sweet, crunchy,sour, spicy, savory, and greasy,” all at the same time.

EDMUND MOKHTARIAN/PHOTO COURTESY

November 12, 2010 Harvard Law Record Page 5

SOUTHERN FARE MIGRATES TO CAMBRIDGE

vory, and greasy. This is not simpleSouthern cuisine.Next up was my cornmeal catfish

($19), again elevated to a higher levelwith an assortment of delectable, ifnot slightly odd, accompaniments:dirty rice, mustard brown butter, andchow chow (American pickled relish).I have to admit, this dish was more ofa stretch for me, a bit overloaded withgratuitous ingredients. The sour-sweetchow chow was piled needlessly ontop of the catfish more for presenta-tional flair than actual tasting delight.Regardless, once I sliced the catfish,soft as butter, and saw the steam burstout, I knew I was in for a treat. Thecatfish was, in fact, cooked perfectly,and the cornmeal dusting gave it aninteresting grittiness to contrast themelt-in-your-mouth texture of the fishitself. While the season-less catfishoccasionally veered towards thebland, the dirty rice compensated withearthy mushrooms, refreshing spices,and smoky, slightly spicy ham that leftmy mouth puckered with its deliciousgrease. The sauce, too, was a success,combining the tangy, the sweet, andthe creamy in one, though the mustardat times overpowered the other ingre-dients. Nonetheless, the dish passedwith flying colors, and I’m not even a

fan of catfish.The one disappointment of the night

came with the dessert, a plum pie($10) that seduced me with its irre-sistible-sounding accompaniments:Greek yogurt, candied walnuts, andfrangipane (almond filling). This dishgoes to show the tension inherent in arestaurant like Hungry Mother. The

chefs try to stay true to their rootswhile at the same time spreading in anew direction. It can work wonders,but nothing on this dish could meshwith any other part. The plums had aninteresting sourness, but the thickeryogurt suppressed those plums withtartness. The scarcity of the candiedwalnuts, the only significant source of

sweetness on the dish, didn't help.Worst of all, though, was that the pieitself was technically flawed—some-thing I honestly didn’t expect after thetechnical excellence of the otherdishes. The crust and plums were bothtasteless to the point that I wonderedhow ripe the plums had been. I do,however, give the dessert credit for itsdough, savory, nutty, and salty, as wellas an incredible yogurt sorbet/icecream.Still, for a three-course meal, I can’t

complain. The dessert underwhelmed,but Hungry Mother gave me a phe-nomenal meal. Here in Cambridge,you can still find Southern goodenough to hold its own against manyof the selections on the other side ofthe Mason-Dixon Line.

Hungry Mother is located at 233Cardinal Medeiros Avenue, Cam-bridge, Mass.

Edmund Mokhtarian is a food criticand blogger. At his blog, The FoodBuster (www.thefoodbuster.com), hereviews restaurants, bakeries, wines,and chocolates from around the na-tion and the world. For more reviewsand photos of the Boston food scene,check out The Food Buster .

SOUTHERN, cont’d from pg. 4

EDMUND MOKHTARIAN/PHOTO COURTESY

Hungry Mother, a Kendall Square establishment, serves up South-ern food with a twist. This cornmeal catfish came with various ac-companiments, including dirty rice and chow chow.

Chicken-Fried Quail Roosts in Kendall Square

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Harvard Law Community GetsCrafty With More Than Just Words

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Tables and cloths were rolled out inRopes Gray last Wednesday for whatcould be the first annual Harvard LawSchool Crafts Fair. Seventeen mem-bers of the Law School communitysigned up to distribute their wares, butonly two were students.This isn't the first time the campus

has played host to a crafts fair,though. According to participants, thefaculty assistants held their ownsmaller fair that died away over theyears. The new version has expandedto include students, faculty, familymembers, staff, and friends."We're always looking for ways to

bring the entire community together,"said Dean of Students Ellen Cosgrove.As for the small number of studentcrafters, Dean Cosgrove admittedthere was little notice for the event,but hoped for more participation nextyear. "We want to make this an annualtradition. We had lots of students inhere buying. Next year we'd like to getmore distribution."Cosgrove estimates that several

hundred community members passedthrough Ropes Gray over the two-hour block — and those shopperswere excited by what they saw.Faculty Assistants Melinda Eakin

and Lauren Schauff ("If a professorworks in criminal law, we probablywork with them," joked Eakin) saidthey had no artistic skill of their own,but were already variously draped inor carrying "gorgeous necklaces" andearrings they had picked up whilemaking their rounds. Many were giftspurchased in advance of the holidays.Their purchases were typical. Ac-

cording to Dean Cosgrove, crafterssaid they did well, especially thoseselling pottery and jewelry. Severalsaid they had done better than at pre-vious staff craft fairs. Mira Singer,daughter of Dean Martha Minow andProfessor Joseph Singer, almost soldout of her photography and books. An-other table sold out of knit items forbabies and moved on to taking orders.One student who was doing well in

sales was Flora Amwayi '13. Amwayi,originally from Kenya, earned her un-dergraduate degree from MIT severalyears ago in Electrical Engineeringand spent time before coming to theLaw School consulting in New YorkCity, eventually at Morgan Stanley. Inher last year there, she picked up jew-elry design from one of her friends atthe same time she began applying tolaw schools."Most of this is from before I came

to law school," Amwayi said, indicat-ing her table full of necklaces and ear-rings. (She prefers to design theearrings for their variety of colors anddesigns: "Necklaces can be as easy asattaching an extension.")Amwayi sold several pieces while

we spoke, but immediately beganpacking up her things, still halfwaythrough the event. She had class at 1p.m."It's too much work right now,"

Amwayi said of designing more

pieces. "It's hard to find the time.""You guys have a lot less time," said

Cathy Conroy, associate director fordiscovery and access at the library, ex-plaining why she had an impressivetable full of knit items and eye-catch-ing stained glass. Conroy, who hasbeen working with the Law School formore than 25 years, began to spin herown yarn over the past year.Conroy picked up her knitting habit

while working at Harvard MedicalSchool. A co-worker who commutedfrom Andover brought her own workin to the office and taught Conroy.Now she is a part of a 25-woman knit-ting group at the Law School, mostlymade up of library staff.While there was a constant crowd

around her table, Conroy said she hadnot sold much. Mostly she was takingorders as the items on display werespoken for, frequently by Conroy her-self."I make almost all my own clothes,"

she said. "I don't want to sell mycloset."Time may be more of an issue for

law students than staff. At a place likeHarvard, almost every student has atleast one knack or hobby they've ex-celled at beyond the law. It's just thefunction of gathering 1,600-odd TypeA's to one campus. Dean Minow'srecitation of each class' previous ac-complishments in her welcomingspeech is a litany of commendationsand odd, but impressive quirks. Butthat's all before 1L.To be sure, many students have

maintained their side pursuits. In anygiven lecture hall you can find stu-dents racking up virtual poker chips,idly doodling caricatures that could be

hung up rather than relegated to mar-gins, or leaving seats empty to gopractice guitar. In off time, we craftHalloween costumes, paint to relievestress, play in jazz groups, or keep upwith dance and figure skating. Still,there's always plenty of work to comeback to.Some of it, though, is less a time

issue than a culture. Consider Ropes

Gray, center of much of HLS' socialscene. Every photographer I spoke toat the Craft Fair commented on thepoor lighting. Even in real life, the artcan look washed out. That's the archi-tecture, but there are also the people. Iasked Amwayi if she'd told her sec-tion-mates that she'd be selling jew-elry that afternoon. No, it was a bit"embarrassing."That's a shame. As the sign above

the library water fountain points out,lawyers can be some of the best peo-ple in the world to drink with. As thevarious comedians, writers, chefs, andartists to ditch their esquires for cre-ative successes can attest, they can —just maybe — be some of the bestpeople to imagine with.Fortunately, it's not necessarily so

restrictive at Harvard Law. The crowdcycling through Ropes Gray that af-ternoon is evidence.And, as Professor Daniel Halperin

quipped while standing next to hiswife's pottery display, it's not univer-sal."When I first went into teaching

[my wife] was a science teacher, andeveryone at Penn was married toartists," he said. "Now here they're allmarried to lawyers. I stay behind thetimes."

BY JOEY SEILER

JOEY SEILER/HL RECORD STAFF

Flora Amwayi ‘13 picked up jewelry design from a friend while work-ing as a consultant in New York City before coming to law school.She made many of the necklaces and earrings she was selling at theHarvard Law School Crafts Fair before her 1L year began.

November 12, 2010 Page 7OPINIONProp. 19 failure means advocates have clean slateThe passage of Proposition 19 in California would

have marked the beginning of the end of the drug warin the United States. Sadly, the ballot initiative failed,but even the fact of it making it to the ballot, not tomention garnering over 40 percent of the vote in anon-presidential election year is a success. Even ifwe have not the found the beginning of the end, wehave started chipping away at the mentality that ledus to this irrational and immoral place.Prop. 19 was a bill whose passage would have le-

galized and regulated marijuana as well as allowedfor the use, cultivation, and sale of marijuana withsome limitations.The initiative would have also allowed cities to

allow and tax sales, though the proposed statute didnot provide a mechanism for state taxation.The initiative also indicated that employees should

not be subject to discrimination in hiring practicesnor be fired on the sole basis that the employer is ableto ascertain that they use marijuana. Nothing permit-ted marijuana use by employees at work or in anyway that impaired work. In fact, under the statute,any industry could decide that use was a safety issueand arguably be immune from the general languageof the statute.Unfortunately, the message did not get out about

Prop. 19, at least not the correct one. Many in themedical marijuana community voted against it. Somedid for greedy reasons, thinking that legalizing recre-ational use and sales would cut into their businesses.Others were offended by the proposed increase incriminal penalties for furnishing marijuana. Prop. 19proposed an amendment to Section 11361 of the Cal-ifornia Health and Safety Code that would have cre-ated a new misdemeanor for those persons aged 21 orover who furnish marijuana to persons aged 18, 19,or 20. Currently, furnishing under an ounce of mari-juana is a misdemeanor punishable by no more than

a $100 fine.I believe that the next time around, the legalization

bill should completely legalize the cultivation, use,and sale of marijuana. Furthermore, it should be writ-ten by attorneys and marijuana legalization advocateswho appreciate the current hurdles in the law regard-ing marijuana and understand how they can be over-come.I believe that we have the inalienable right to alter

our consciousness and that criminalizing drug useand sales is not the way to deal with the public healtheffects of drug abuse.

Currently, people face life sentences in federalcourt and in some states for drug crimes. The federallaw still has severe mandatory minimum sentencesfor drug offenders, including some marijuana defen-dants. Defendants with only one prior misdemeanorcan face potential sentences of ten years to life forgrowing over 1000 marijuana plants and can onlyavoid these penalties by informing or by negotiatinga plea that generally involves prison time of overthree years.The Controlled Substances Act currently classifies

marijuana as a Schedule I drug, a drug with no med-

ical purposes . Cocaine, likewise, is a Schedule Idrug. We need to make it clear to our federal legisla-tors that they should reschedule marijuana and thatno one on either side of the political fence can reallychallenge providing marijuana to those who need itand immunizing those who grow for aid from prose-cution.The next Prop. 19 campaign in California needs to

focus on the sadness of the mothers and fathers, sis-ters and brothers, and sons and daughters of those in-carcerated for drug offenses. We must not forget theincarcerated themselves. These individuals, some ofwhom must spend time in custody when they can’tafford bail, face sub-animal conditions, cops onsteroids, and, of course, the violent defendants theyare housed with.Drug use and abuse are social and pubic health is-

sues. But these drug laws started as purity laws in aprogressive effort to stop pharmaceutical companiesfrom addicting their unknowing customers to sub-stances like heroin and cocaine added to commonproducts like cough medicine and soft drinks. Wehave lost sight of these original goals.The idea of families being forced to turn on their

friends and neighbors and other members of theircommunity, is the 1984-esque reality of mandatoryminimums and misguided policy. Unfortunately, thestigma against hard drug and even marijuana use hasled to a political reality where those most affected bydrug laws are disenfranchised. That’s why we need torally for them and end the human suffering that con-stitutes the drug war.

Allison Margolin ‘02 is LA’s self-described “dopestattorney.” In addition to the criminal law practiceshe heads with her father, she has written and lec-tured about sex and drug law.

BYALLISON MARGOLIN

“I believe that we have theinalienable right to alterour consciousness, andthat criminalizing druguse and sales is not the

way to deal with thepublic health effects

Top right: A mysterious maskedL.L.M. from down under dons asheep mask, or as the Aussiesmight say, a jumbuck mask, beforeentering Ropes Gray to enjoy thefestivities.

Bottom: Tracy Branding ‘13 smilesand stops to pose, as other stu-dents mill about outside the party.

-Photos by Raquel Acosta

Page 8 Harvard Law Record November 12, 2010

Feinberg, one he believes is rivaledonly by World War II, the bombing ofPearl Harbor, and the assassination ofPresident John F. Kennedy in terms ofnational significance. The decision tointroduce compensation as an optionfor victims depends greatly on how atragedy affected the country as a whole,Feinberg explained, rather than on howit is perceived by individual victims.Feinberg also addressed his own atti-

tude towards his work and his methods

of mediating some of the country's mostprominent crises."You've got to love what you do, and

you've got to believe that you are doingsomething in the public good," he said.One attendee posited that the key to

Feinberg's success at getting individu-als to join victims' funds rather thanpursuing lawsuits was in his bedsidemanner. Feinberg agreed wholeheart-edly."I would've been better off with a di-

vinity degree or a psychology degree,"

he joked, explaining that success in hisline of work depends on his ability toeffectively and compassionately appre-ciate the emotional component of indi-vidual cases and to step beyond hisformal role as an attorney.Feinberg graduated from New York

University Law School in 1970 and isan adjunct professor at various lawschools in addition to his role adminis-tering compensation funds.Audience members got the opportu-

nity to push back on many of Feinberg's

assertions. One man inquired about thearbitrariness of placing a value on lostlives and, in a sense, playing God.Afterall, Feinberg's task is, in part, to deter-mine which lives deserve compensationand how much each life is worth. Fein-berg explained that judges and juriesaround the country, in deciding how tocompensate the negligent death of abanker versus that of a busboy, valuelives similarly every day."I am judge and jury structurally," he

noted, "but nothing illogically."

FEINBERG, cont’d from pg. 1

Feinberg shares compensation stories at HLS

With interview season mostly over and the weatherflip-flopping back to fall, about 400 Harvard Law stu-dents swapped suits for costumes at an on-campus Hal-loween party Oct. 30.The party, sponsored by Student Government, the 3L

Class Marshals and the L.L.M. Class of 2011, was heldin the Ropes Gray room. The event featured food, danc-ing, and a cash bar.Although last year's event featured an open bar, Stu-

dent Government President Jennifer Dein said the 3LClass Marshals picked up the tab for most of this year'sevent and could not afford to buy drinks for the entireschool. Last year, L.L.M. students weren't invited, whilethis year all Law School students and their guests wereinvited to attend, she said."The 3L Marshal budget just can't cover it for the

whole school," Dein said. "The consensus is [studentgroups] would rather have everyone be invited thanleave out one sector of the community."Before the event, Dein said she thought the party

would provide a much-needed study break for HarvardLaw students."I think it's a nice time, especially for the 1Ls, since

so many students have been studying so hard up to thispoint," she said. "It's an important time to have an eventfor the entire community to get together."

-By Jenny Paul

Masquerade, Mischief, and More:Law School Lets Loose on Halloween

Pumpkin by K. Peirce