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“Y
OU NEVER GET TO PERFECTION
.”
What could an heir to a billiondollar fortune, privileged with aneducation at Harvard LawSchool, want most in life? For Finn M.W. Caspersen ’66, heir tothe chairmanship of BeneficialCorporation, philanthropy wasone of the most rewarding pur-suits available in a life of wealthand success. After the sale of Beneficial to Household In-ternational in 1998 for approximately $9 billion, Caspersenmanaged a private investment fund, Knickerbocker Man-agement, overseeing the assets of trusts and foundations.Outside of his business life, Caspersen was a selfless con-tributor to the success of HLS, including the largest dona-tion for the Northwest Corner Project, his chairmanship of the Dean’s Advisory Board, and chairmanship of the “Set-ting the Standard” campaign, which raised a phenomenaltotal of $476,475,707 for HLS.According to Louis Kaplow ’81, the Finn M.W.Caspersen and Household International Professor of Lawand Economics, contributing to HLS provided Caspersenwith great personal satisfaction. “I tried to personally thank him, but he was not an easy person to thank. He seemed notinterested, personally, in having praise bestowed upon him-self, and much more interested in participating in the de-velopment of the law school as a continuing enterprise.”Caspersen was tireless in his efforts to generate contribu-tions to the law school. In an interview with the
 Harvard  LawBulletin
after the conclusion of the “Setting the Stan-dard” Campaign, Caspersen said, “You always have to domore. You never get to perfection.”It may remain a perpetual mystery why a man who ap- peared to have everything – wealth, a family, social notori-ety, and a generous philanthropic nature – would decide toend it all.The
 NewYorkTimes
has indicated that Caspersenmay have been the subject of a Federal investigation.What-ever information comes to light in the future, the impact of Caspersen’s contributions to the law school will secure theability of HLS to continue setting the standard for legal ed-ucation into the twenty-first century.
“C
ITIZEN
W
ASSERSTEIN
Described by his colleagues asa prodigy, Bruce Wasserstein ’70entered Harvard University as a joint J.D./M.B.A. student at theyoung age of 19, and once armedwith an education in business andlaw, he tookWall Street by storm,quickly rising from a start at Cra-vath, Swaine & Moore to a management role at First Boston
Harvard Law Record
October 22, 2009Vol. CXXIX, No. 4
 www.hlrecord.org — twitter @hlrecord
 The Independent Newspaper at Harvard Law School
News
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Features
Are J.D.sAntisocial?• Cambridge’s Haloween Heaven
INSIDE
 The HL Record
HLS’LargestDonorsDead
C
ASPERSENAND
 W 
ASSERSTEIN
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EMORIALIZED
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Finn Caspersen Took Own LifeUnder Mysterious Circumstances
O B A M A ’ SN O B E L
 After Being Shocked, Awed,World Wonders: Why? HLS Students From Around the World React 
B
Y
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HRIS
S
ZABLA
The announcement elicited audible gasps fromthe audience in Oslo, and visible gapes on facesworldwide. The White House Press Secretary,Robert Gibbs, whose job is to react to such de-velopments, was rendered practically speechless(the word "wow" was all he managed to emit, toone reporter). For many, the initial shock was fol-lowed by an immediate and obvious question:why? Scarcely a year into his presidency, Barack Obama ’91 had won one of the most covetedawards on earth: the Nobel Peace Prize, and thefact that the prize committee seemed to placemore weight on the direction of his policies thanhis actual achievements thus far left manyscratching their heads.The committee justified itself by citing theaward's mission, and precedent: it is to be givento an individual whose efforts bring the world inthe direction of peace. In 1971, it recognized suchefforts in the policy of Eastern Bloc engagement,or 
Ostpolitik 
, pursued byWest German Chancel-
NEW 
!
A BIGGER
 ,
BETTERHLRECORD
.
ORG
 History Shows Precedent, Prescience of Obama’s Prize
S P E C I A L C O M M E N T
Bruce Wasserstein Went From Nader  Acolyte to Wall Street Legend
HarvardOutofFluVaccine
On Wednesday morning, Harvard Law School awoke to thenews that the clinic scheduled that day to administer the sea-sonal flu vaccine would be cancelled due to lack of adequatevaccine supplies. A later e-mail further stated that
all 
HarvardUniversity flu clinics had been cancelled due to the shortage.According to University Health Services, over 15,000 vaccineshave been administered in the last month and a half, promptingUHS to close its seasonal clinics early even though a larger sup- ply had been ordered than in previous years.UHS will be proceeding with scheduled clinics in under-graduate dining halls, but has encountered difficulty in receiv-ing its final shipment of an additional 1600 doses that wereneeded for the other clinics around campus. UHS advises stu-dents seeking vaccination to contact local pharmacies.Although the supply of seasonal flu vaccine has been de- pleted, UHS anticipates providing H1N1 vaccines once a sup- ply becomes available. UHS has said that it will conduct thevaccination for H1N1 according to “guidelines established by public health authorities to prioritize distribution.”B
Y
M
ATTHEW
W. H
UTCHINS
Each year a committee of  Norwegians is convened to de-cide what person will receivethe prize endowed by Alfred Nobel to recognize “the personwho shall have done the mostor the best work for fraternity between nations, for the aboli-tion or reduction of standingarmies and for the holding and promotion of peace con-gresses.Past Nobel PeacePrize honorees have rangedfrom visionary leaders likeMartin Luther King Jr. andLechWałęsa to tireless but lessvisible diplomats and negotia-tors like Ralph Bunche andMartti Ahtisaari as well as in-spirational models of self-sac-rifice like Mother Teresa andAlbert Schweitzer. Althoughthere have been strongly criti-cal reactions to selections likeHenry Kissinger and Yasser Arafat, the high esteem inwhich most honorees are heldhas prompted a world full of watchers to wait each year tolearn the next name lifted intothe pantheon of humanity'sB
Y
M
ATTHEW
W. H
UTCHINS
The
 Record 
asked HLS students to submittheir views on President Obama’s Nobel Prizeand convened a forum onTuesday, Oct. 20 for submitters to voice their opinions in public.Our panel included views from LL.M.s Mo-hammed S. Helal of Egypt,Alfonso Lamadridde Pablo of Spain, and Matthias C. KettemannofAustria, and was introduced by
 Record 
Co-Editor-in-Chief Matthew Hutchins. During thediscussion, speakers elaborated on their writ-ten opinions, which appear on page three of this issue, with a comment by Prof. CharlesOgletree. A recording of the event will soon be available at hlrecord.org.
Nobel,
continuedonpg.2
Donors,
continuedonpg.2
Comment,
cont’donpg.2
 
Page 2 Harvard Law Record October 22, 2009
OBAMA’S NOBEL
lor Willy Brandt. In 1990, Soviet leader Mikhail Gorbachevwas given the prize for his policy of greater social and polit-ical openness,
 perestroika
, in much the same spirit.Yet former President Jimmy Carter's efforts to bring aboutthe Camp David accords went unrecognized until 2002, after the peace he helped negotiate between Egypt and Israel wasrecognized as a durable one. Dissenters have pointed to for-mer President Bill Clinton's tireless efforts to bring about aMideast peace, in contrast to Obama's mere rhetoric, andZimbabwean opposition leader Morgan Tsvangirai's coura-geous stand against the monopoly on power held by thatcountry's longtime president, Robert Mugabe. The "snub"against Tsvangiraiwas one of the mostcommented-onitems on Twitter inthe hours after theannouncement thatObama had wonthe prize.Comment hasalso focused on the effect the award might have on Obama's political priorities. Critics believe it is likely to intensify crit-icism that the President has achieved little in the way of ac-tual foreign policy success, despite his lofty initiatives. His persuading the UN General Assembly to adopt a resolutionon the reduction of nuclear weapons has been a rare successin a year when multilateral overtures have failed to result inmuch coordinated action on the financial crisis or other  pressing global issues, such as climate change.Obama has also been slow to change direction on many policies initiated by his predecessor, George W. Bush, a pledge many have pointed to as the primary motivation for the award. His January pledge to close the controversial de-tention facility at Guantanamo Bay, for example, remains un-fulfilled. Obama has also reportedly sparred with hisAttorney General, Eric Holder, over prosecution of U.S. of-ficials involved in torture.But the Nobel might also be an intervention – an attemptto right the course of Obama's policies by persuading the president to turn away from domestic political preoccupa-tions and focus on achieving results on matters of global con-cern. While some point to the contrast between the awardand Obama's potential escalation of the increasingly deadlywar inAfghanistan, the committee might have, in effect, beenforcing the juxtaposition with its announcement - forcingObama to rethink his strategy there.Previous recipients of the award have led countries intoconflicts, however: critics of the award often cite the timeHenry Kissinger and Le Duc Tho shared the prize for whatturned out to be a short-lived peace in Vietnam, and IsraeliPrime Minister Menachem Beginwon for signingthe Camp Davidaccords withEgypt, before promoting theconstruction of Israeli settlementsin Palestinian territories and involving his country in theLebanese civil war of the 1980s.Whatever the award's implications or consequences, it re-mains a tremendous achievement for the young president,whose life has been marked by early triumphs and firsts.Thefirst African-American editor of the
 HarvardLawReview
and the first black President, he is now the second HarvardLaw School alumnus to win the award, and the first to beable to claim it as his own right (DavidA. Morse '32 acceptedthe award on behalf of the International Labor Organizationin 1969). He will now be the third sitting U.S. President towin the award, afterTheodore Roosevelt andWoodrowWil-son, and, with Carter, the fourth President to receive it.Clearly surprised himself, the President brushed off anyspeculation he would not accept the award some have called"premature" during a Rose Garden press conference. “I amhonored and humbled," he said. “I will accept this award asa call to action”.
Obama will be the second HLS alum to accept thePrize. DavidA. Morse ’32 accepted it on behalf of the International Labor Organization in 1969.
S P E C I A LC O M M E N T
and the establishment of the mergers and acquisitions bou-tique, Wasserstein Perella Group. Over his several decadeson Wall Street, Wasserstein made history through his coor-dination of blockbuster mergers like the acquisition of RJR  Nabisco by Kohlberg Kravis Roberts & Co., the acquisitionof Warner Bros. by Time, Inc., and the merger of AOL andTimeWarner in 2000.After the sale ofWasserstein Perella &Co., Wasserstein became the head of Lazard Ltd., where heorganized the investment bank’s 2005 IPO and where the
WallStreetJournal 
reports he was recently engaged in the bid by Kraft for Cadbury Plc.Despite his phenomenal success on Wall Street, Wasser-stein’s beginnings as a law student were characterized by a passion for civil liberties. Mark J. Green ’70, who ran againstWasserstein to be the head of the
 HarvardCivilRights-Civil  LibertiesLawReview
, remembers a quiet genius who “basi-cally brained his way to success”. Green, who has had a longcareer in public advocacy, has written twenty-two books, andwas the Democratic candidate for mayor of NewYork in the2001 election against Michael Bloomberg, was a lifelongfriend of Wasserstein. “Looking back, I guess it was impos-sible to know that this fellow law student, who I would eatwith at Harkness 42 years ago, would end up the leading in-vestment banker of his era and one of the leading donors toHLS ever,” said Green in an interview with the
 Record 
. “Itwasn’t pedigree or GQ looks, or a Clintonian public person-ality. He added value, big time, to his clients and his friends.”When Green won the place as editor-in-chief at
CR-CL
, hemade Wasserstein his managing editor, a partnership whichwould continue in their work for Ralph Nader ’58. Together they authored the book 
WithJusticeforSome:AnIndictment oftheLawbyYoungAdvocates
and worked together on“Closed Enterprise System”, a critical view of antitrust en-forcement. “He was always the smartest guy in the room,”said Green. “But by and large he was calm and quiet, sowhen he spoke, people listened.” Nader remembers Wasser-stein as a bright, ambitious man with a dream of being Chair-man of the SEC, but whose business responsibilities precluded such a career. “If he had been Chairman ten yearsago, we might not have had some of this trouble,” said Nader in an interview for the
 HarvardLawRecor
.As a philanthropist,Wasserstein was a generous man, hav-ing recently made a major donation to HLS of $25 million for the construction of the Northwest Corner complex. ButGreen remembers him for both his generosity and his loy-alty. “If he took you into his orbit of confidence at a personallevel, a company level, or an educational level, he stuck withyou in good times and bad.” In Green’s campaign to becomemayor of New York, Wasserstein acted as his campaign fi-nance manager, and though Green had a history as a populistconsumer advocate, Wasserstein was able to convince hisWall Street colleagues to support his campaign. In a remem- brance published to Bloomberg.com on October 20
th
, Greensaid that even after his defeat in the 2001 mayoral election hereceived encouragement from Wasserstein to “run for gov-ernor”. “The understanding was that I shouldn’t advise himon business, but he could counsel me on government.”In addition to his investment banking activity,Wassersteincarried an interest in writing throughout his life, which Greendescribed in his Bloomberg.com remembrance, analogizingWasserstein to Charles Foster Kane. From his early experi-ence as editor-in-chief at the
 MichiganDaily
, as managingeditor at the
 HarvardCR-CLLawReview
, and his work withGreen and Nader, Wasserstein returned to publishing as anowner by purchasing
 AmericanLawye
and
 NewYorkMag-azine
, partly with the goal of improving publication quality.“All his deals and billions notwithstanding, Wasserstein’s‘rosebud’was journalism,” said Green.With his untimely passage the HLS community can onlyimagine the accomplishments that may have been yet tocome. Nader looks back with certainty that the communityhas lost one of its most valuable citizens. “BruceWassersteinis heralded as a brilliant investment banker and financier whoavoided the egregious excesses of his speculative competi-tors. What is not known is his philanthropy, which was ac-celerating into imaginative dimensions. Philanthropically, itcan be said that the best of his past would have been the leastof his future, so tragically cut short.” Despite its early end,Wasserstein’s life will be remembered, in Wall Street and New York for his legendary business acumen, and at Har-vard Law School for his generous contribution to the con-struction of the Northwest Corner.greatest peacemakers.The selection of President Barack Obama ’91 as this year's Peace Prize re-cipient was an incredible surprise and anotable event in the history of the Prizein being only the third time a sittingU.S. President has been so honored.Even the President himself was sur- prised by his receipt of the prize, re- portedly not even aware that he hadeven been nominated. The shock of thenews left commentators and the publicdisoriented, and as the novelty of theidea faded, the diversity of reactions tothe President's Nobel became crystal-ized in opinions with little correspon-dence to individual political alignment.Arch-conservatives certainly did nothesitate to co-opt this latest honor as anew focal point around which to con-centrate their perpetual campaignagainst the President, asking the ques-tion, “What has Obama done to deservethis Prize?” and deriding it as a politicalmaneuver by a cadre of socialist Euro- peans who are more enamored withObama than his own American sup- porters.On the other side of the aisle, many praised the Prize as a stamp of interna-tional approval on a drastically re-designed American foreign policy andvision of the nation within the worldcommunity. Talk, they said, is no smallthing when it moves the world to for-give past failings and unite once again behind the U.S. banner. But many of thevoices criticizing the Nobel commit-tee's selection came from supporters of the President, with a common chorussoon becoming, “Too much, too soon.”As the present controversy fades intohistorical evaluation, President Obamawill be compared to other laureates notfor the actions of his first one hundreddays but for the lasting impact of histerm in office, but even from the mo-ment of its announcement, the historyof the prize reveals a range of figuresinto which the President already fits asa rising leader of efforts at internationalcooperation and the limitation of theweapons of war.To the rue of many Re- publicans, the conditions for Obama'ssuccess were made abundantly possible by the policies of his predecesor,George W. Bush, but this should in noway diminish the significance of ac-tions that have changed the interna-tional tide of hostility against Americawhich was rising throughout the Bushera. The Nobel committee has given uscause to consider that the President hasthus far demonstrated a new vision of international cooperation, a new com-mitment to multilateralism, and a nu-anced understanding of the give andtake that is necessary to coax his coun-terparts to depart from the inherentlystubborn and vindictive behavior of na-tional leaders and humans in general.From the moment he took office, thePresident expressed a desire to end thewidely criticized conduct of the U.S.military at Guantanamo Bay, he beganthe acceleration of the draw down of 
Nobel
,continuedfrompg.1
Donors
,continuedfrompg.1
Comment
,cont’dfrompg.1
Comment,
cont’donpg.11
 
October 22, 2009 Harvard Law Record Page 3
B
Y
M
ATTHIAS
C. K 
ETTEMANN
Harvard should be proud. Its graduate, President Barack Obama is the firststatesman to prophylactically receive the Nobel Peace Prize (the most recent president to be strongly associated withYale, GeorgeW. Bush, is rather unlikelyto receive any Nobel Prize in the immediate future). Unfortunately, this addsanother issue to the President’s to-do-list: (1) reform health care; (2) make peacein the Middle East; and (3) decide what to do with the $1.4 million Nobel Prizemoney. Space does not allow me to sketch out my solution to the Middle East puzzle, and my European mind capitulates in face of the political flaying over Obama's health care plan, but I am happy to help with regard to the third issue.Mr. President, here's a list of five projects you could spend the money on:1) $680,000 to bridging the digital divide between Internet-haves and have-nots, by ensuring that developing states are better represented in the multi-stake-holder Internet Governance Forum in December in Egypt.2) $680,000 to study the importance of “human security”, a new security con-cept that focuses on individuals and not on states, thereby providing new in-sights on how to combat sources of insecurity, including failing states andover-‘securitization’.3) $30,000 for a study analyzing the effects of Harvard students’ air condi-tioner-induced colds and flus on the U.S. health system.4) $9,000 to reintroduce warm breakfast in Harvard dining halls.5) $1,000 to make sure Chauncy Street gets a bike path facing westwards.Since this is settled, Mr. President, you can now channel your forces towardsmaking peace in the Mideast and having Congress pass health care reform.
 MatthiasC.KettemannisanLL.M.studentfromAustria.
Obama’s Prize Money: Five Ideas
B
Y
M
OHAMMED
S. H
ELAL
“Deeds are to be judged by their intentions”: this is anArabic proverb that re-flects an ancient adage that intentions are just as powerful as deeds, and thatnotwithstanding the fact that not all good intentions lead to fruition they are stillworth recognition.The Nobel Peace Prize should not be considered an award to President Obamaor for his limited achievements since taking office. Rather, it should be seen asan endorsement of a worldview.Avision of the world that realizes the dream of Martin Luther King Jr. not to judge a human being by the color of his skin, a vi-sion where humanity does not live under the phantom of nuclear weapons, aview of a world where religions and cultures are reconciled and where diversityis celebrated, a global community that recognizes the dangers of environmen-tal degradation and is ready to unite to confront it, and a policy that understandsthat the challenges of today are global and require global responses.As an Egyptian, Arab, African, Muslim and Mediterranean citizen of theworld, I do not see this is as tribute to theAmerican President, but to humanism,multiculturalism, multilateralism, international cooperation and to humility.
 MohamedS.HelalisanLL.M.studentfromEgyptandadiplomatwiththe EgyptianMinistryofForeignAffairs.
Judge Deeds by Their Intentions
B
Y
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LFONSO
L
AMADRID DE
P
ABLO
In the preface to her book 
 MeninDarkTimes
(1968), Hannah Arendt wrotethat “even in the darkest of times we have the right to expect some illumination,and that such illumination may well come less from theories and concepts thanfrom the uncertain, flickering, and often weak light that some men and women,in their lives and their works, will kindle under almost all circumstances andshed over the time span that was given them on earth....”President Obama has shed a powerful light of hope upon the dark times inwhich we live. His accomplishments in the pursuit of peace can hardly bematched: he has inspired millions all over the planet; he has gained back the re-spect and leadership with which the United States can make a difference on theglobal stage; and he has set the world on a different path and shared spirit.Obama's Nobel Prize is an encouragement for all of us not to let this lightdim.
 AlfonsoLamadriddePabloisanLL.M.studentfromSpain.
The Powerful Light of Hope
B
Y
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ROF
. C
HARLES
J. O
GLETREE
, J
.I was surprised and pleased to learn that President Obama had won the NobelPeace Prize. His humility and deference in receiving an award that has been presented to such luminaries as MotherTeresa, Dr. Martin Luther King, Jr., and Nelson Mandela, among others, illustrates both his uncanny ability to focus noton awards but actual progress, and a commitment to work tirelessly to establisha safer and more collaborative world. His aspirations to close Guantanamo, ne-gotiate peace in the Middle East, talk with leaders of other countries even whenwe have massive differences in priorities and objectives, demonstrates his firmcommitment to continue working around the clock so that, in time, we will allsee what the Nobel Prize committee saw in honoring him now. The expectedcriticism, because he is so new in office, also ignores the almost immediatetransformation of global excitement concerning his election alone and it rein-forces a global commitment to end all forms of conflict and unite in a collabo-rative effort to pursue world peace.It is hard to imagine anyone else with such a broad and deep commitment, andthe same Barack Obama who changed history here at Harvard Law School twodecades ago by being elected the first African American to be the President of the
 HarvardLawReview
, is committed to doing the same on the world stage. Iapplaud him and Michelle Obama ’88 for their commitment to public service.It is a triumphant moment in Harvard Law School's history.
CharlesJ.Ogletree,Jr.’78istheJesseClimenkoProfessorofLawatHLandfounderoftheCharlesHamiltonHoustonInstituteforRaceandJustice.
ATriumphant Moment in History
OBAMA’S NOBEL
R E A C T I O N S
CORRECTION:CORRECTION:
Apologies to Profs. Elizabeth Warren and AllenApologies to Profs. Elizabeth Warren and AllenFerrell. Our front page caption last week failed toFerrell. Our front page caption last week failed tocorrectly identify them, and another caption miscorrectly identify them, and another caption mis--spelled Prof. Ferrell’s name. See our Web .pdf for thespelled Prof. Ferrell’s name. See our Web .pdf for thecorrect captions.correct captions.
The
Record
askedmembersoftheHarvardLawSchoolcommunitytosubmit  shortreactionstoPresidentObamasreceptionoftheNobelPeacePrizeinadvanceofourspecialforumontheissue.Wehavepublishedthemall,below. MohammedHelal,secondfromleft,speaksduringthe
Record
sforumon Pres.Obama’sNobelPrize.Fromlefttoright:
Record
Co-Editor-in-Chief  MattHutchins,Helal,AlfonsoLamadriddePablo,andMatthiasKettemann
Dissenting Opinion?
EMAILRECORD
@
LAW 
Look for aPodcast of ourNobel Forum!
Coming Soon onhlrecord.org 
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