c o m ~ ' t i o n , mrporate m~pon~ibility, and the

C$hina question I

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Markets mi social actoh r -

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The University of Michigan Law School

Volume 45 Number 3 FalYWinter 2003

Copyright O 2003, The Regents of the University of Michigan. All rights reserved. Lac) Quadrangle Notes (USPA #%) is issued by the University of htichigan Law School. Postage paid at Ann Arbor, h/Iichigan. Publication office: Law Quadrangle Notes, University of Michigan Law School, Ann Arbor, MI 48109-1215. Published three times a year.

POSTMASTER, send address changes to: Editor, Law Quadrangle Notes, Un~versity of Michigan Law Scllool, 801 Monroe St., Ann Arbor, MI 48109-1z15

FACULTY ADVISORS: Evan Caminker, Edward Cooper, and Yale Kamisar

EXECLITWE EDITOR: Geof L. Follansbee 11.

EDITORIWRJTER: Tom Rogers

WRITERS: Nancy Marshall Lindsay Vetter

DIRECTOR OF COMMUNICATIONS. Lisa IVIitchell-Yellin

DESIGN: Brent Futrell

On the cover: Behveen the solstice and the equinox: Snow, light, and shadow mingle to ornament the Law Quad.

THE UNIVERSITY OF MICI-IIGAN, as an equal opport~~uity/aliir~l~ative aclion employer, con~plies \\,ill1 all applicable federal and state laws regarcling lion-discrimination and affirmative action, includir~g Title IX of the Education Anlendmenls of 1972 and Section 504 of the liehabilitation Act of 1973. The University of Michigan is co~nmitted to a policy of non-discrimination and equal opportunity lor all persons regardless o l race, sex, color, religion, creed, national origin or ancestry, age, ~uarital status, sexual orientation, disability, or Vietnan-era status in employnlent, educational programs and aclivitics, and admissions. Inquiries or complaints may be addressed to the University's Director of Affirmative Action and Title KISection 504 Coordinator, Office for a Multicultural Community, 2072 Administrative Services Building, Ann Arbor, Michigan 48109-1432, 734-763-0235, 734-647-1388.

David A. Brandon, Ann Arbor Laurence B. Deitch, Bingham Farms Olivia P. Maynard, Goodrich Rebecca McGowan, Ann Arbor Andrea Fischer Newman, Ann Arbor Andrew C. hchner , Grosse Pointe Park S. Martin Taylor, Grosse Pointe Farms Katherine E. White, Ann Arbor Mary Sue Coleman, ex oficio

Gregory Fox Brent Futrell, University of Michigan Law School Colnmunicatiolls Paul Jaronski, University of ~ i c h i g a n Photo Sevices Marcia Ledford, University of ~ i c h i g a n Photo Sevices Thomas Treuter Imagebank Photodisk

Have you moved lately?

If you are a Law School graduate, please send your change of address to:

La\v School Development and Alumnl Relat~ons 721 South State St Ann Arbor, MI 48104-3071

Non-alumni readers should Address all other news to: write directly to:

Editor Law Quadrangle Notes Law Quadrangle Notes 1041 Legal Research 1041 Legal Research

Building Building Ann Arbor, MI 48109-1215 Ann Arbor, MI 48109-1215

Phone: 734.647.3589

Fax: 734.764.8309 Phone: 734.615.4500

trogers@umich.edu Fax: 734.615.4539

R R I E F S Completing William W. Cook's vision

Ho\lr \\.ill international law cope with terrorism? Thc law ant1 the clock: .A good partnership?

F.\c rT T,TY Schneider spotlights The Larv of Bioerhics

.Ilodern Crimjnal Procedure - 10 editions and counting

Bruno Simma elected t o International Court of Justice

Speaking with Michigan State Bar President

Reginald M. Turner, '87 Deput\- U.S. Attorney General Larry Thompson, '74:

'The battlefield is right here'

Construction la\\- builds a treatise

72 A R T T C L E S A tasing settlement C:itizcrlc auc iridtlatricc fnr tort ii7juric.i. 771it11 is foi7ii/itlr. C~~)1~cri71~7ciits ctlc

t/lc ct1r7ic ;ridl~.ctricc for cnct c l ~ f ( r . r c d iri c-riiic/inl-otiri~ nr j ~ r ~ ~ ~ . c r i t j r i ~ tliosc

iriillrica. Tlitit i c 11rihri71/I~ir. 7 . < I I C ~ ~ ' /7~1ti!cni njlitiqtrtioii c1ric1 scft /ci i7~111

jlilr~rcrit/~. t7l1ts thc ~in1'~riiri i~ii t jri cor7i17~fIiIori 1 1 . j f / 7 i t 5 c i t i : ~ i ~ x . I 7 I

- Hanoch Dagan and James J. White, '62

ADR without borders I1ritr/ rccc.rith.. ltlhrrr d i s p ~ ~ t c ~ u il.crc loct~li:cd t11id hiql1l1. cite-cpccific. iri t/ic'jr r c ~ l ~ l t ~ t j o r i . I ' : \ ' ~ 1 7 i f fjic. ~.77i/~/n1.cr i ~ u s 11 riil~/tiri(itini~tll ~1 i t~~r j ) r j . s~ . tl

i ~ n r - k / ~ l l ~ c c C C I ~ ~ ~ ~ C I I ~ C ~ ~ I . ~ \ - ( - J I I / ~ liliiio,t iii~.ClrIc~/~/~\ 11?\'C)/\'c' ( 1 / x ~ r t i ( - ~ ~ l t i r 1111In11

o r g r n t l p c ) fc~r i ip /o~~c- . s iri ( I qi1.ci7 g('ogrtl/7/7jc /octltioii. . \t iiioct. t/?c coiif7Ict

r7iiqlit c i f j i ~ t t l r c > crriir/~trri~~'s 111arits iri t~ i ~ ' l i o / ~ cr)111itn., .\/I t/itit I S i7011'

clltlr1~;rlg.

- Theordore J. St. Antoine, '54

Competition. corporate responsibility. and the China question (:or/>.l?tircif~ r ~ s / ~ ~ r i ~ i l ~ ; l I t ) ' I S 11 dcl1t1ft7hl(n clllcstior? i\'ort/i /itl\.ili; ti d1ec11ssi0ri til7n~l t - ~ . ~ ~ i r i ~ ~ t j n r r cirrd d;ifCroii~c' fTnii7 f lrc' r7ori7i. 'rl7~1.c j~ ~i~'i.cs,ctlril~. t/lc iri?/diccitioi7 nf tlic7 ti/fcrt1~iii\~c3. o n r p ~ ) r l ~ t ( > rio7?-~os/7or?vi/7i/;h. {nr. snriic- i ~ , i ) l / I ~ /

l i f c to ~ 1 1 1 . . j r r ~ ~ / ~ o ~ i ~ i h i l j t ~ .

- Joseph Vining

hllarkets as social actors 1 7 7 / ~ c t ~ l t l i ~ llrc). ~ / I c ' rnIc7 tiri~l ccnpc ( I [ ii7tirk~~\ d5 ( I ~ i i ~ l ~ r ? \ ( ) / - T C \ O I I T C * L ~

t1l/oc't1t1or7 11' c o r ~ t c ~ t t l l ~ l ~ Tlic ro lc ( I { ri~trrkct{ (I\ oj7j~occ-d to c l~r~-c~r i f

ht~c.l;ltls/i c ~ i y ~ r r ? \ t iii~1r1tlq~d e t ~ r ~ 11/11<t~titc'\ flits c .~ i? t i~ i l lc ( l ~ . o r i t c ~ \ t t ~ / ~ ~ l ~ h of

1i1l~rkct~ 1 1 1 l ~c (~ l t l i~~ l r rc~

- Pcter J . Hammer, '89 LQN Fall I Winter 2003

\\.on a compctition for Rockcfcller Hall at

Vassar Collcgc, Ivhere the!, cvcntually did

sis more buildings. They 1tw-c influenced

bv the partncrs in thcir former firm, ant1

so was William Cook. Stanford Whitc

designed. for Cook's cmplo~w- Clarence

MacKay, a \,cry grand mansion called

Harbour Hill on Long Island, bet~vern

1899- 1901. Cook's aesthetic cducation

was undouhtcdly affectccl by that building,

\vhich David Garrard Lo~ve described in

Stanford ll711tc; Seir,)brk (rc\: cd. 1999) as

"fashioned of the finest pale gray Indiana

limestone. . . [with] rooms crammed with

priceless paintings, rare tapestries, and

fantastic furniture."

York and Sawyer, following their

departurc from McKim, Mead, and Whitc,

won 1 1 of thc 14 competitions they

entered in thc ncxt few years, when the

usual ratc was onc in four. Aftcr five years

they had S 5 million worth of work, morc

than their former firm. Evm so, Sa~r~ycr

\rrould recall later (in Edrrrard PalmerYork:

Personal Rcm~n~scenccr ty~ M t Frjcnd and

Partner Ph~lip Sarr;r.er and a R1o~qraph1cal

Sketch l y r Royal Cortlrsoz 9 [I95 11) that York

carricd little cash and had to horro\v a

By Margaret A. Leary

w illiam W. Cook first \vorked with

the architectural firm of Edward

York and Philip Sanyer in 191 1, when he

contracted with them to build his New

York town house at 14 East Seventy-first

Street. He then used them for his first gift

to Michigan, the Martha Cook Building

(named in honor of his mother), and

continued to work with them on

subsequent Michigan projects. Cook also

used the same interior finishing specialists,

the Harden Company, also based in Ne\r,

York City.

Ilene H. Forsythe's book, The U ~ e r of Art: A.ledieva1 il4etaphor in the Michigan Law

Quadrangle (1 993), includes many

examples of the dialectical process that

created the Law Quadrangle - quartcr from Sawyer to pay for lunch.

The samc book describes the working

relationship b c t w c n the two men. York

was the "thoughtfully directed energy

bchind" the partnership \reho nurtured

clients and developed the ovcrall stratcgy

for thc firm's future. Hc was "innatcly

philosophical and serene," a "rationalizing,

constructive architcct." According to

Sawyer, York did his work almost invisibly,

"eot his stuff drawn by othcrs, let thc

determining the site, siting the individual

buildings, selecting the type of stone -

and quotes Cook's description toYork of

this process as "Going over the designs

together, you furnishing thc art and I the

philosophy."

York and Sawyer met as associates at

the preeminent NewYork City firm of

McKim, Mead, and Whitc, where they

worked together from 1 89 1 - 1 898. They

left to form their own firm when thcv contracts, huilt it satisfactorily without

8 1 LQN Fall 1 Winter 2003

noisc, \vorking so intangibly that no one

c\*cr caught him at it.llAntl, Sa\vyer

continuctl, his "scope wras unlimitctl. He

ncvcr lost patience with any client, no

n~at tcr how' foolish his suggestions, and

\\,hen I once complained bittcrly of a

Builtling Committce ~ r h o woultl not allow

mc to tlo the thing \\.hich secmcd so

ol,\~iously thc hcst to me, he said, 'But

San.yer, think of all the fool things that our

clicnts have prcvcnted you from doing.' " Sa\vyer, in his own words, "\\.as a

draftsman. I \vould have confined myself

to dra\ving, sketching, and painting, if I could have afforded it. I had compromised

on architecture as the next best thing, and

my interest was in rounding out the

building on paper to thc last detail. What - - -

happened to the drawing afterward didn't

much matter to me."

The firm developed specializations in

college buildings, banks, and hospitals.

York and Salvyer designed about 50 banks,

including the Franklin Savings Bank at 8th

Avenuc and 42nd Street, and the Bo\very

Savings and Fcderal Reservc banks in Ne\v

York City. Among their hospitals \vas

Triplcr Army Hospital in Honolulu. Thcy

did a score of privatc rcsidcnccs, including

a 26-room apartment for Mrs. 1V.K.

Vandcrbilt in 1927. They also did office

buildings in Montreal and Toronto, and the

U.S. Steel Sphcre at the 1939 World's Fair

in New York.

One measure of the extent and quality

of York and Sa\\.yer's work is their 67 cntrics, as of May 7, 2002, in the Avery

Index t o Architectural Periodicals. A

mcasurc of the historical influence of thc

firm is that cntrics begin in 1905, and

rstcncl to the March 2002 issuc of

.lrchlrecrural Digcst, ~vhich dctails the

restoration of "one of the grcat, grand

apartments in Manhattan, a scldom-secn,

heauti full y prcscrvcd timc capsule," the

very maisonette originall? built for Mrs.

Vandcrhilt. An article in the June 2000

issuc of Interlor5 tlcscribes the restoration

of thc 1 92 3 Bowery Salrings Rank.

York ivas the lead architect on thc

Michigan project until he died in

Dcccmhcr 192s. Thus, he pcrsonally

crcated the style of the Lawyers Club

builtlings and \vorkcd estensively on the

concepts for the Legal Rewarch Building.

Cook announced, in early 1929, his

intent to gi\.e that building to the Law

School.Yorkls role in the design and detail

of the buildings \vas critical to a dialectical

process in making the Law Quadrangle.

For example, he educated Cook about the

comparati1.e qualities of various stones and

the rationale for using Gothic-style

architecture.

After York's death,

Sawyer became equally

influential, and Cook

accepted his suggestions

about the higher

foundation and towers

for the Legal Research

Building. The tlvo men

seem to have developed d 3 \ r.7 4 a close relationship;

Sa\\,vcr was one of three

\vitncsses to sign the

final version of Cook's

will on AuLpst 8. 1929. F7 .

Cook's death in June

1930 touched off a tlvo- j 93; wq --p - -.- . . -- % - >.rr - . . .:. a ,

. - . L Z l 1

year contest over his - \\.ill, and the University

did not receive proceeds

from the estate until the

fall of 1 9 3 2. Hutchins

Hall was c o n ~ ~ l c t c d in 1934 and is less

dctailcd and ornatc than any of the earlier

buildings, probably because of the

Depression, the some\\rhat smaller estate

after the will contest, the drop in thc

value of stocks, and Cook's absencc from

the last stages of planning.

LQN Fall I Winter 2003 1 9