A newsletter for friends of the Indiana University Maurer School of Law • March/April 2009 (Vol. 7, No. 2)

Dear Friend,

Let me begin this Update with some thanks. It has been wonderful to reconnect with so many of you in the past weeks. Last month, the School hosted alumni receptions in Cincinnati, New York City, and Washington, D.C., and I was able to visit with many alums in those cities and in Chicago and Louisville.

Lauren Robel Particularly in these uncertain economic times, I deeply appreciate the number of alumni who are watching for employment opportunities for our students and relaying them to the School, as well as all of you who are giving time to our students in their job searches and as mentors. I want to stress that our Office of Career and Professional Development is also a resource for our alumni and urge you to be in contact with the office if we can be of assistance. I know that these are stressful times in the legal profession, and those of us in Bloomington want to be as helpful as possible.

As you will remember, a year ago, the Lilly Endowment made a significant investment in faculty for our School. I am pleased to report that five new permanent faculty members and one visiting faculty member will join us in the fall — and one wonderful faculty member will return to the fold.

In what patent law bloggers call "a major coup," Mark Janis, JD'89, the H. Blair and Joan V. White Chair in Intellectual Property Law at the University of Iowa College of Law, will join us as a tenured professor. Mark won teaching awards at Iowa and is one of the most frequently cited IP scholars of our time. Prior to entering teaching, he practiced law with Barnes & Thornburg in Indianapolis, specializing in patent prosecution and litigation. We happily welcome him back to his alma mater and look forward to his leadership for our intellectual property program.

Our School has developed a reputation for excellent research on the legal profession. Jayanth Krishnan, who joins us as a tenured professor, adds to that expertise. An award-winning teacher at William Mitchell College of Law, and most recently a visiting professor at Iowa, Jay brings expertise in globalization and the legal profession, particularly in relation to India. Jay earned his PhD in Political Science from the University of Wisconsin–Madison and a JD from Ohio State. He teaches immigration law, property, and comparative law.

Brian Broughman joins the faculty from a visiting position at University of California, Berkeley. Brian earned his JD from the University of Michigan, and his PhD in Jurisprudence and Social Policy from Berkeley. His research focuses on the law and economics of entrepreneurship and venture capital. He will teach courses in the areas of corporations and corporate finance. Brian practiced with Bell, Boyd & Lloyd in Chicago.

Ryan Scott clerked for the Honorable Michael McConnell on the United States Court of Appeals for the Tenth Circuit before joining O'Melveny & Myers in Washington. Ryan has published articles in numerous law journals, including those at Northwestern and Cornell, on issues involving federal jurisdiction, judicial selection, and sentencing. He will teach federal jurisdiction and criminal law and procedure.

Deborah Widiss, another exceptional scholar, will join us this fall following a term as a visiting assistant professor at Brooklyn Law School. Deborah received both her undergraduate and law degrees from Yale and completed a federal judicial clerkship in the Eastern District of New York. She has numerous publications to her credit and specializes in analyzing how the legislative process impacts the workplace and the family.

Tim Lynch will join us as a visiting assistant professor of law. Tim is a graduate of Harvard Law School and is completing his MBA at the IU Kelley School of Business. His research focuses on governance and regulation of global capital markets and international trade. He will teach courses in the areas of corporate finance and international trade. Tim previously practiced with Coudert Brothers in New York.

Fred Aman And, happily, Fred Aman will rejoin our faculty in the fall after serving as dean of Suffolk Law School in Boston for the past two years. The author of seven books and many articles and book chapters, Fred is a world-renowned scholar in administrative law and globalization and the law and founded the Indiana Journal of Global Legal Studies here at the IU Maurer School of Law.I am delighted that Fred is returning to our faculty.

These stellar faculty members mark our continuing progress toward the central goal of our strategic plan — to be recognized as one of the top 10 public law schools by 2010.

In all of our efforts, we are grateful for the unmatched dedication and enthusiastic support from our alumni. Central to all our efforts are the Board of Visitors and Alumni Board, which will hold a joint meeting April 17 in Bloomington. These boards continue to form the energized core of our alumni network. Their contributions of time and talent — from the classroom to the boardroom — are inspirational.

Also in April, the School will host a groundbreaking event called "FutureFirm," a competition to envision the next model for the successful American law firm. The two-day event will bring together attorneys (some of whom are our alumni) from major law firms and corporations, scholars from elite law schools such as Columbia and Georgetown, and students and law firm associates from across the country. The brainchild of Professor Bill Henderson, this event is the most recent step in our initiative to establish the School as a leading authority on the legal profession. American Lawyer will cover the competition in its entirety; watch for the story later this spring.

I hope to see you in Bloomington soon!

All my best,

Lauren Robel, JD'83
Dean and Val Nolan Professor of Law

2009 Academy of Law Alumni Fellows Honored April 17

alaf On Friday, April 17, six Indiana University Maurer School of Law alumni will be inducted into the Academy of Law Alumni Fellows, the highest honor the Law School bestows upon its graduates. The awards go to alumni who have distinguished themselves in their careers through personal achievements and dedication to the highest standards of the profession.

This year's inductees are:

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Book Advises Attorneys on Handling National Security Letters

A new book by Professors David Fidler and Sarah Jane Hughes aims to help attorneys navigate the complex process of receiving, reviewing and responding to national security letters. Responding to National Security Letters: A Practical Guide for Legal Counsel was published in March by The American Bar Association.

NSL book cover The federal government issues NSLs to obtain information from banks and other financial institutions, telephone companies, Internet service providers, and consumer credit reporting agencies when conducting national security, counter-espionage, and counter-terrorism investigations. The authority to use NSLs has been in place for decades, but changes made in the PATRIOT Act in 2001 increased the federal government's ability to issue them.

Under the provisions of the PATRIOT Act, recipients of NSLs could not disclose them to legal counsel under strict non-disclosure requirements. Successful court challenges to the amended NSL rules led Congress to change the law to allow recipients to disclose NSLs to their legal counsel. However, because of the prior non-disclosure requirements, few lawyers had seen, let alone handled, such letters.

The project originated in the ABA's Cyberspace Law Committee, of which Hughes is a member. Fidler, the James Louis Calamaras Professor of Law, joined the effort and made it part of the research agenda of the Indiana University Center on American and Global Security, which he directs. They were assisted by four Indiana Law students who provided assistance in reviewing every aspect of the law of NSLs, ranging from court decisions to heavily redacted documents released by the federal government.

Hughes and Fidler said they hope the book will inform citizens about the delicate balance between the government's need to protect national security and its responsibility to respect individual privacy and civil liberties.

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Winners Selected in Sherman Minton Moot Court Competition

Second-year law students Eric Rey and Jeff Stemerick were named the 2008-09 Sherman Minton Moot Court champions on March 6 after participating in the finals along with fellow 2Ls David Munkittrick and Jeremiah Williamson.

moot court 2009 This year's distinguished panel of judges included Judge Michael Kanne, JD'68, of the U.S. Court of Appeals for the Seventh Circuit; Judge Timothy Dyk of the U.S. Court of Appeals for the Federal Circuit; Indiana Court of Appeals Judge Patricia Riley; Indiana Solicitor General Tom Fisher, JD'94; and attorney Greg Castanias, JD'90, a partner at Jones Day in Washington, D.C.

Competitors presented arguments in a fictional but realistic case in which a same-sex couple sued a pharmacy for refusing to dispense fertility drugs. The pharmacists contended that their First Amendment rights allowed them to refuse to dispense fertility drugs to unmarried couples. The plaintiffs argued that the true reason they weren't given the medication was because they are a same-sex couple.

Complicating matters, an anonymous author on an Internet message board claimed to have knowledge supporting the plaintiffs' beliefs. The plaintiffs sued the Internet service provider that hosted the message board, seeking to reveal the identity of the person who posted the message.

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Judges, Academics Differ on Judicial Decision Making

Charles Geyh Indiana Law hosted a conference, "What's Law Got to Do With It?: What Judges Do and Why It Matters," on March 27-28, which explored the interplay between law and other influences on judicial decision making, and the implications of that interplay for judicial selection and public confidence in the courts.

Charles Geyh, the John F. Kimberling Professor of Law, said the conference explored differences between the academics and judges, but fostered an environment where the two sides could explore their points of view.

"For a long time, the debate over this issue was presented as an either–or proposition," he said. "Do judges follow the law, or do they follow their ideological predilections? Recent interdisciplinary research corroborates the commonsense view that judicial decision-making is more complicated than that, and is subject to an array of influences. By bringing together scholars and the judges who make the decisions, we were able to have a free-flowing exchange of ideas. I think both the judges and the academics came away with a greater understanding of one another."

The conference featured more than 25 scholars from across the country and was sponsored by the Joyce Foundation.

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IU Venture Capital Team Advances to International Finals

Indiana University's Venture Capital Investment Competition team won first place Feb. 20 at the Mid-Atlantic Regional Final at the Wharton School of the University of Pennsylvania. With the win, IU's team advances to the VCIC International Finals, which will be held April 16-18 at the University of North Carolina.

VCIC Participating from the IU Maurer School of Law were third-year law and Master of Business Administration students Cole Parker and Jonathan Rinehart. Second-year MBAs Cindy Warren, Kate Lehman and Benjamin Trumbull represented the Kelley School of Business. The team beat out competitors from Carnegie Mellon, Georgetown, Maryland, Rochester, and Vanderbilt universities to take home top honors.

"This is a highly competitive contest. Many of the other participating schools offer courses that are designed solely to prepare for the VCIC," said Mark Need, clinical associate professor of law, director of the Elmore Entrepreneurship Clinic, and the team's faculty advisor. "After the previous three years of competition at the regional level with minimal training, we set up an internal qualifying competition last fall and structured several accompanying training sessions. Our work paid off, as this year's highly talented team is the first to bring home first place."

In the competition, students take the roles of venture capitalists, evaluating business plans, performing due diligence, hearing "pitches" from real entrepreneurs, and drafting term sheets and executive summaries for their chosen investments. In the final segment of the competition, each team must negotiate its investment "live" with the chosen entrepreneur, all before a panel of real venture-capitalist judges.

VCIC began at UNC in 1998 as an educational event for MBAs to learn about venture funding. Now in its 11th year, VCIC has evolved into a marketplace for entrepreneurs seeking investors and a training ground for future venture capitalists.

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Indiana Law Adopts Public Service Program, Pro Bono Goals

Joining other top law schools across the nation, Indiana Law has adopted a Public Service Program, including an aspirational level of pro bono work to be done by students.

Beginning in fall 2009, students will be encouraged to fulfill 60 hours of pro bono work during their three years of schooling. Though the goal is not mandatory, the Law School hopes students will dedicate an average of 20 hours each year to providing law-related services without pay or academic credit.

It will match volunteers with opportunities through the state's pro bono project, as well as through the pro bono coordinator and attorneys at Baker & Daniels in Indianapolis. Indiana Law has an ongoing relationship with Baker & Daniels for staffing pro bono matters and hopes to establish similar relationships with other law firms in the future.

Third-year law student Rachael Yates, one of the School's two pro bono coordinators, organized a trip to New Orleans last year where a team of Indiana Law students helped residents with paperwork and other issues stemming from Hurricane Katrina. The Public Interest Law Foundation regularly schedules trips to destinations where there is a great need for service.

"We were doing things like successions, family law and FEMA appeals," Yates said. "We worked on things that are small in terms of the legal issues at hand but were barriers to access to funds that should have been available for rebuilding homes and other forms of aid."

Second-year student Judy Reckelhoff, also a pro bono coordinator, said this type of work offers students an immediate way to begin practicing the skills they learn in the classroom.

"You're helping real people with real problems," Reckelhoff said. "These aren't hypothetical situations. Working with the Protective Order Project and with Indiana Legal Services has enhanced my learning dramatically."

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Harris Lecture: Building the Federal Judiciary

Judith Resnick Judith Resnik, the Arthur Liman Professor of Law at Yale Law School, presented this year's Harris Lecture, "Building the Federal Judiciary (Literally and Legally): The Monuments of Chief Justices Taft and Rehnquist," on March 31 in the Moot Court Room.

Resnik teaches about federalism, procedure, feminism, and local and global interventions to diminish inequalities and subordination. Resnik's writings include "Law as Affiliation: 'Foreign' Law, Democratic Federalism, and the Sovereigntism of the Nation State" (International Journal of Constitutional Law, 2008); "Representing Justice: From Renaissance Iconography to Twenty-First Century Courthouses," (with Dennis E. Curtis) (Proceedings of the American Philosophical Society, 2007); and "Law's Migration: American Exceptionalism, Silent Dialogues, and Federalism's Multiple Ports of Entry" (Yale Law Journal, 2006). Her book, Migrations and Mobilities: Gender, Borders, and Citizenship (co-edited with Seyla Benhabib), has recently been published by New York University Press.

Resnik is an occasional litigator; she argued the case involving women's admission to the Rotary Club before the U.S. Supreme Court. She has also testified before Congress, rulemaking committees of the federal judiciary, and the House of Commons of Canada.

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Snyder Lecturer to Examine Fallout from U.S. Mortgage Crisis

Richard Fentiman Richard Fentiman, a reader in private international law at the University of Cambridge and a fellow of Queen's College, Cambridge, will present the 2009 Snyder Lecture, "Trading Debts — A European Solution? Addressing the Fallout from the U.S. Mortgage Crisis," at noon on Tuesday, April 7, in the Moot Court Room. Fentiman previously practiced full time as a solicitor and is now consultant to the City law firm of Allen & Overy where he advises on conflict of laws problems arising in commercial practice, as well as developing an internal training program. He is well-known for his expertise and writing on the subject of private international law and, in particular, for his book Foreign Law in English Courts: Pleading, Proof and Choice of Law (OUP, 1998).

Held in memory of Dr. Earl Snyder, LLB'47, the Snyder Lectures are just one aspect of a unique partnership between the University of Cambridge and Indiana Law. In addition to these annual lectures, held alternately in England and the U.S., the Lauterpacht Centre hosts an Indiana Law student each year for a period of three months through the Snyder Visiting Scholarship.

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Barrister's Ball Renamed in Honor of Prevot

Indiana Law's Black Law Student Association (BLSA) has renamed the School's annual Barrister's Ball after alumnus Rapheal Prevot Jr., who died last June at the age of 49.

A devoted supporter of the school, Prevot served for 15 years as labor relations counsel for the National Football League in New York. Though his demanding schedule kept him busy year-round, Prevot would return regularly to Bloomington to advise and encourage law students about their futures. The 1984 graduate mentored hundreds of Indiana University law students and graduates, and was a fixture at the Barrister's Ball despite living on the East Coast.

BLSA President and second-year law student Gillian Crowl said Prevot was always willing to help a student in need. "He was always giving professional advice, always telling us to get on the right track as soon as possible," Crowl said. "He truly believed in the legacy of giving back to where he came from. We were lucky to have someone like him serve as a role model."

Rapheal Prevot The 2009 Barrister's Ball, which BLSA both sponsors and organizes, took place Feb. 20 at the Indiana Memorial Union. Dean Lauren Robel presided over a brief ceremony officially renaming the Ball in Prevot's honor during the event. "Rapheal's incredible dedication to the law school was unmatched," she said. "He was a great friend and was a central part of many of the school's most cherished traditions. Through another great tradition, the Barrister's Ball, we'll now honor his great legacy every year. Though it is a bittersweet moment, generations of students to come will now have the chance to learn of Rapheal's selfless contributions to our school and to honor his memory every February."

Before joining the NFL, Prevot worked as an assistant state attorney and division chief for Janet Reno in the Dade County, Fla., State Attorney's Office and as a litigator for Florida-based Adorno & Zeder. Prevot was a dedicated member of the National Bar Association and was inducted into the Hall of Fame for the group's Entertainment, Sports and Art Law section.

Prevot served on the Law School's Alumni Board and its Board of Visitors and received the School's Distinguished Service Award in 2004.

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In Memoriam: Fred H. Gregory, LLB'53

Fred Gregory Fred H. Gregory, LLB'53, passed away March 29. He was 83 years old.

For 55 years, he was an exemplary public servant and lawyer in Bloomington and Monroe County. Soon after his graduation, he opened his own law practice. He served as Monroe County prosecuting attorney from 1959-1962 and then joined the law firm of Rogers & Rogers. After serving as a trust officer of Monroe County Bank, he opened another solo law practice where he continued to practice Elder Law.

Gregory's political activism and community work helped define his life in Bloomington over the decades. Gregory served as a member of the John Ashton Committee, which resulted in changes in the management of the Bloomington Hospital and the construction of a new modern facility. In the mid-1960's, he chaired a committee studying the need for a mental health facility in Monroe County. He subsequently served as the first president and member of the Board of Directors of the South Central Indiana Mental Health Foundation, which now operates a comprehensive behavioral health center for surrounding counties.

He was also active in the Monroe County Legal Aid program, and served as Judge Pro Tem and special judge in various Monroe County courts.

Gregory was recognized for his outstanding pro bono service in Monroe County and, in 2007 he was named a recipient of the Randall T. Shepard Excellence in Pro Bono Publico Award. For his work, he received Indiana Law's Distinguished Service Award in 2008.

Contributions in Gregory's honor can be made to the District 10 Pro Bono Project, Inc., P.O. Box 8382, Bloomington, IN 47407, in order to establish an annual Pro Bono Award in Fred H. Gregory's name.

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In Memoriam: I. Jay Krieger, LLB'39

I. Jay Krieger, LLB'39, passed away Feb. 16 in Covington, La. He was 90 years old.

After graduating from Indiana Law, the Gary, Ind., native did graduate work at the University of Chicago and obtained a second law degree from Tulane University in 1947.

During World War II, Krieger served as a lieutenant in the U.S. Army Signal Corps and, later, as commander of the Lakeview American Legion Post.

After his wife, Mildred "Angie" Levitan Krieger, graduated from Tulane Law School in 1962, the couple founded the law firm of Krieger & Krieger in New Orleans. Following Hurricane Katrina, they moved to Mandeville, La., where he continued a practice limited to successions, wills, and pro bono work for the Louisiana Bar Association, where he served as a member for more than 60 years.

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In Memoriam: Russell Strunk Jr., JD'82

T. Russell Strunk Jr., JD'82, passed away March 9 at Lutheran Hospital in Fort Wayne, Ind. He was 53 years old.

Born in Indianapolis, he was a lawyer and partnered with Holleran, Trexler & Strunk. He was previously with Lincoln Financial for 10 years. Strunk graduated from Southport High School in 1974; he received his undergraduate degree from IU in 1978 and his law degree in 1982.

He is survived by his wife, Denise, of Fort Wayne; son, Tyler; and daughter, Kelly.

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Upcoming Alumni Events

Welcome to the City: Washington, D.C.

washington springtime Join Dean Lauren Robel and the Indiana Law Society of Washington, D.C., for an evening cocktail reception welcoming summer interns and recent graduates to the city from 6 p.m. to 8 p.m. on Wednesday, June 3. Reconnect with fellow alumni, mingle with friends, and share your experiences with young alumni at Clyde's of Gallery Place, The Piedmont Room, 707 7th Street, NW, Washington, D.C., 20001.

Class of 1958 Reunion

The Class of 1958 reunion dinner will be held from 6 p.m. to 9 p.m. on Friday, April 17, at the Bloomington Convention Center's Great Room, 302 S. College Ave., Bloomington, Ind. It will be held in conjunction with the Academy of Law Alumni Fellows dinner. Special seating will be reserved for you and your classmates.

For more information or to RSVP to either event, e-mail lawalum@indiana.edu or call (812) 855-9700.

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Faculty News

Professor John Applegate co-wrote a white paper with member scholars of the Center for Progressive Reform. The paper is titled "Reinvigorating Protection of Health, Safety, and the Environment: The Choices Facing Cass Sunstein." President Obama recently tapped Sunstein, a Harvard law professor, to run the Office of Information and Regulatory Affairs.

Jeannine Bell On Feb. 6, 2009, Professor Jeannine Bell presented a paper, "The Hangman's Noose and the Lynch Mob: Hate Speech and the Jena 6," to the faculty at Cornell Law School.

Professor Kevin Brown delivered the keynote address at The Future of Education and Educational Equity in Communities of Color Symposium at the Mid-Atlantic People of Color Legal Scholarship Conference held at Temple University School of Law in Philadelphia Jan. 24. His remarks were titled "Current Issues Impacting Urban Education." On March 13, he appeared as a panelist on "Innovative Practices and Opportunitites: Justice Barriers to Equal Education Opportunity" at the Hamline Law School's Journal of Public Law and Policy Symposium.

Professor Hannah Buxbaum was a discussant at "Private Enforcement of Competition Law: New Directions" at The George Washington University Law School Feb. 27 and 28.

Professor Kevin Collins served as a panelist on Patent Reform and Innovation Incentives during the Journal of Corporation Law Symposium: Invention, Creation, and Public Policy. The symposium was held Feb. 13 at the University of Iowa.

On Feb. 27, Professor Dan Conkle served as a panelist at the NeXus Journal-2009 Symposium "Judicial Activism: Same Sex Marriage and the Aftermath of Proposition 8" at the Chapman University School of Law in California.

Professor Ken Dau-Schmidt recently published a West casebook titled Labor Law in the Contemporary Workplace (with Marty Malin, Roberto Corrada, Chris Cameron and Catherine Fisk). On Feb. 7, he chaired a conference on the American Law Institute's Proposed Restatement (Third) of Employment Law held at the University of California Hastings College of the Law. Dau-Schmidt was appointed this year as secretary for the ABA Section on Labor and Employment Law and will be responsible for writing the Section's annual summary of Supreme Court cases.

Feisal Istrabadi Professor Feisal Istrabadi presented "The Iraqi Constitution of 2006: Memorializing a 'National Charter' or Irreconcilable Differences?" during a panel held Jan. 29 at a Symposium on Constitutional Design at the University of Texas School of Law; "Judge Thou Justly: Trying the Previous Leadership in Iraq," at a lecture Feb. 10 at the Washington University School of Law; and "The Protection of Fundamental Freedoms and Human Rights in Iraq: 1876-2006," at a lecture at a Symposium on Constitutionalism in Muslim Countries organized by the Max Planck Institute for Comparative Public Law and International Law, Feb. 13 in Dubai, UAE. He presented a lecture, "Iraqi and U.S. Politics at a Crossroads," to the Meadowood Retirement Community in Bloomington March 2. He also presented "Iraq: Policy Making in Transition" at a symposium titled Multidisciplinary Perspectives on International Public Affairs: Bridging the Gap between Theory and Practice. The event, which was held March 6, was sponsored by the IU School of Public and Environmental Affairs.

Professor Marshall Leaffer was an invited speaker at the biannual Global Forum on Intellectual Property (GFIP) held in Singapore Jan. 9-11. His talk was titled "Trademark Parodies and Free Speech: a Transnational Perspective."

Professor Leandra Lederman presented her article "W(h)ither Economic Substance?" at Boston College Law School's Tax Policy Workshop Feb. 26 and at UCLA School of Law's Tax Policy and Public Finance Colloquium March 19.

ajay mehrotra Professor Ajay Mehrotra recently published, "'Render Unto Caesar ...': Religion/Ethics, Expertise, and the Historical Underpinnings of the Modern American Tax System," 40 Loyola University Chicago Law Review 321-67 (Winter 2009). The article was part of a symposium titled "Taxes in a Liberal Democracy: Exploring the Relationship Between Taxation and Good Governance" held at Loyola University of Chicago.

Professor Andrea Need was recently appointed by Bloomington Mayor Mark Kruzan, JD'85, to the Bloomington Environmental Commission.

Archana Sridhar, assistant dean for research and special projects and co-founder of the South Asia Philanthropy Project, organized a blog forum at the Web site hosted by Professor Sudhir Venkatesh of Columbia University (author of Gang Leader for a Day). The forum was recently covered in the Chronicle of Philanthropy's Give and Take blog and several other Web sites.

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Recent Faculty Media Hits

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