Rising Star

by David J. Garrow

  By mid-September, something else occurred in Barack’s life that he did not mention to any of his new law school friends. Sheila Jager was staying with him at his Somerville apartment. Her Fulbright fellowship was for her to spend twelve months doing her dissertation fieldwork at Seoul National University in South Korea. After Barack left for Harvard, Sheila had intended to leave Chicago in mid-September and go to Seoul. But Barack wrote to her soon after his arrival in Cambridge, and after some phone calls, Sheila agreed to fly to Boston before going to South Korea.

  “Why did I end up with him for a month in his Somerville apartment before leaving for Korea?” Sheila asked herself after recounting how she had refused to accompany Barack to Harvard. “I never said that I wouldn’t visit him,” she remembered, and she also recalled how her parents, who were then in Japan, were “really angry with me” when they learned she was staying with Barack and would not arrive in Seoul until after they had left the Far East.

  Barack and Sheila’s weeks together in the private basement apartment became a replay of their final months in Chicago before Barack’s trip to Europe and Kenya. “I felt smothered by Barack, by his neediness to be the center of my world, by his sheer overpowering presence, and by the isolation I felt because we were always alone,” Sheila recalled. Barack recounted what he most liked about his new life as a law student. “I do remember Barack telling me about Rob, although we never met. He described him, as I recall, as ‘a bear of a man’ and talked about him with great warmth, as a kind of older brother. . . . He said the two of them were the smartest people in their class at Harvard and ran rings around everybody else.” Many of Rob and Barack’s Section III colleagues were coming to share that characterization as the fall semester progressed, but after a month in Barack’s apartment, Sheila was indeed ready to leave for Korea.

  “He was like a huge flame that sucked up all the oxygen, and toward the end of our relationship, I felt breathless, exhausted really. I remember getting off the plane in Seoul and feeling like I could breathe again.” Deep down, Sheila’s feelings for Barack remained the same as in Chicago. “I knew at that point that the relationship could not work in the long term even though I loved him very deeply. He, of course, realized this as well. When I left for Korea, I felt as if I had abandoned him, although the split was completely mutual.”

  But even when Barack drove Sheila to Logan Airport, their relationship had not seen its true end.5

  As September turned to October for the 1L students in Section III, their distaste for Ian Macneil gave way to gallows humor as they realized they could do nothing to alter their fate. The section took on the mordant nickname of “the Gulag.” Lisa Hay, who had worked for Democratic presidential nominee Michael Dukakis’s campaign before beginning her 1L year, began anonymously producing a weekly mimeographed newsletter chronicling life in Section III entitled Three Speech. It recorded odd or humorous statements from their reading and from classroom comments. Macneil, of course, was a prime target. One headline was: “You Make the Call: Fact? or Fiction?,” followed by a quotation from Macneil’s Contracts casebook: “Habit, custom and education develop a sense of obligation to preserve one’s credit rating not altogether different from that Victorian maidens felt respecting their virginity.”

  Hay quoted Macneil’s maladroit attempts at classroom humor that often backfired. For example: “The sexual relation is a good one for you to think about—in the context of this course, I mean.” Or when Macneil asked, “Give me an example of a voluntary exchange,” Richard Cloobeck, one of Section III’s best provocateurs, volunteered, “Having sex with your girlfriend,” to which Macneil replied, “Give me an easier one.” The next week, when the concept of inadequacy arose, Macneil bluntly asked one student, “Does your girlfriend ever say you are inadequate?” and a few days later, he insultingly told another, “Maybe you don’t have the skills to be a law student.”

  When Hay crafted a top-ten list of reasons for not doing Macneil’s assigned readings, entries included “slept through class,” “was laughing too hard at footnotes to read the text,” and a joke about Macneil’s almost daily references to the Encyclopedia of Philosophy. Most pointed of all was “Proportionality: Contracts homework out of proportion with length and value of class.” In October, Hay reported a joking exchange between two classmates: “‘If I learned I only had a week to live, I’d want to spend all my time with Macneil.’ ‘Why’s that?’ ‘Because he makes every minute seem like a year!’”

  With the November presidential election, pitting Massachusetts governor Dukakis against the Republican nominee, Vice President George Bush, drawing near, Barack registered to vote on October 4. Starting the next day, he also began racking up a remarkable run of thirteen parking tickets over the next four weeks on his rusty yellow Toyota, with most of them happening on Mass Avenue just west of the law school. On campus, student politics were roiled when the conservative Federalist Society chapter objected to the student government’s reserving two committee seats for the Coalition for Diversity. Jesse Jackson addressed a pro-diversity rally of twelve hundred people, and Derrick Bell renewed his calls for greater minority representation on the law faculty.

  David Shapiro’s Civ Pro course was Section III’s most vanilla class, but most students thought Shapiro was an excellent, witty teacher. Classmates and Shapiro recall Obama speaking only irregularly in Civ Pro, but they do remember him as one of the most talkative voices in Richard Parker’s Crim Law classroom. Parker had “a class discussion” style that stood in contrast to Macneil’s classic Socratic method, recalls Kenneth Mack, one of Section III’s other African American men. Mack thought Barack was a standout presence from the first week of class. “He was a striking figure,” Mack said. “He spoke very well, and very eloquently,” and seemed “older and wiser than the three years that separated our birth dates. . . . It seemed like I was twenty-four, and Barack was thirty-four,” like Rob Fisher. “He and Rob seemed like they were the same age.” Shannon Schmoyer agreed: Barack “just seemed so much more mature” than most other 1Ls.

  Parker was an entertaining teacher, and having Peter Larrowe, a former police officer, in the class sometimes added a bracing dose of reality to discussions. Several students recalled Parker saying, “If you’re going to a protest, always take your toothbrush,” and Lisa Hay’s Three Speech recorded one exchange after Larrowe mentioned his background to Parker: “‘Does everyone know that you were a police officer?’ ‘They do now. . . . No more undercover work,’” Larrowe joked. Fisher also vividly remembered Parker querying students about their own experiences with police officers and one attractive woman describing how she was patted down outside a bar. “How did that make you feel?” Parker asked. “Oh, it was kind of nice,” she replied as the entire class erupted in laughter.

  Sarah Leah Whitson remembered Obama once making some real-world rather than doctrinal point in a colloquy with Parker, and Richard Cloobeck recalled a similar scene where Barack “spoke from the black perspective in Crim class because something had happened to him where he’d experienced racial discrimination in profiling, and it was very personal.” Sherry Colb, valedictorian of Columbia’s 1988 graduating class and Section III’s most loquacious female voice, remembered that when the subject of acquaintance rape came up in class, Barack expressed displeasure with what others had said. “‘I don’t even understand why we’re debating this. Why is silence enough? Why aren’t people looking for “yes”?’” Sherry recalled Barack asking. “I think the women in the class really appreciated that because there were other males in the class who took a more reactionary position.”

  Sima Sarrafan, an Iranian American honors graduate of Vassar College, realized that Obama “had a more pragmatic view of the law” than most classmates or professors. Roger Boord, a 1988 magna cum laude graduate of the University of Virginia, remembered Barack as “this voice of authority . . . his voice was like Walter Cronkite.” But especially in Parker’s class, Barack, David Troutt, and Sherry Colb
spoke up so regularly that it generated irritation and derision from some fellow students. Most Section III students spoke only when asked to. “The last thing I ever wanted would be to be called upon,” Greg Sater explained. “Most of my friends were the same way, and we would never in a million years ever raise our hand.”

  In stark contrast, Section III’s most self-confident voices, or “gunners,” in longtime law student parlance, raised their hands almost every day in participatory classes like Richard Parker’s. Dozens of Obama’s classmates remember him consistently waiting until a discussion’s latter part before he chimed in, with comments that he thought synthesized what others had said. “He never really took a very strong, argumentative position,” Ali Rubin recalled. Dozens laughingly recalled his insistent usage of the word “folks” as well as his regular introductory refrain of “It’s my sense” or “My sense is,” phrases that DCP members remembered hearing regularly during his time in Chicago. Barack “particularly loved to engage with Professor Parker,” Haverford College graduate Lisa Paget recalled. She has a “vivid” memory of Barack remarking, “Professor Parker, I think what the folks here are trying to say is” so as “to synthesize what other people were saying.” Barack “clearly liked to speak,” but “sometimes people got frustrated because they didn’t feel like they needed him” to speak for them. “‘Say what your own thinking is, don’t tell him what we’re thinking!’”

  Decades later, particularly for classmates who had become jurists or prominent attorneys, recollections of just how intensely irritating Obama’s classroom performance had been were burnished with good humor. But even though he was always prepared, always articulate, and always on target, many fellow students tired of Obama’s need to orate. Barack “spoke in complete paragraphs,” Jennifer Radding recalled, but “he often got hissed by us because sometimes we would all make comments” and then “he would raise his hand and say ‘I think what my colleagues are trying to say if I might sum up,’ and we’d be like ‘We can speak for ourselves—shut the fuck up!’” Radding thought Obama was “a formal person, reserved” but “always friendly.” Yet “I’m not sure he related to women as well on a colleague basis” as he did with older male friends like Rob, Mark Kozlowski, and Dan Rabinovitz, a former community organizer interested in politics. Jennifer remembered Barack asking Rob and Dan substantive questions, and “then he’d ask me did I party over the weekend.” One day “I called him on it, and I just said, ‘You’ve got to be kidding me. You’re someone who’s so liberal, and so women’s rights, and you talk to women like they’re not on the same level.’ It horrified him to hear that,” and “I wasn’t the only one who felt this way.”

  The joking about Obama’s classroom performance intensified as the fall semester progressed. One classmate, Jerry Sorkin, christened him “The Great Obama” because “he had kind of a superior attitude,” Sorkin’s friend David Attisani remembered. “Barack would start a lot of his speeches with the words ‘My sense is,’ and Jerry would walk around kind of stroking his chin saying ‘My sense is.’” Gina Torielli recalled that when Obama or especially Sherry Colb raised their hands to speak, more than a few of the younger men would “take out their watches to start timing how long” they talked. In time it became a competitive game, one played at many law schools over multiple generations, and often called “turkey bingo,” in which irritated classmates wager a few dollars on how long different gunners would exchange comments with the professor. Section III named its contest “The Obamanometer,” Greg Sater recalled, for it measured “how long he could talk.” But Sater explained how there “was a great feeling of relief to all of us whenever he would raise his hand because that would take time off the clock and would lower the chances of us being called upon.”

  No one questioned the value of what Barack, Sherry, or David Troutt had to say, but much of Section III got tired of hearing the same voices day after day. With Barack, Greg said, “we were envious of him in many ways because of his intellect,” self-confidence, and poise, but that did not stop the Obamanometer. “We’d kind of look at each other and tap our watch,” he recalled. “You might raise five fingers,” predicting that long a disquisition, “and then your buddy might raise seven.” Jackie Fuchs remembered the label a little differently, explaining that students would “judge how pretentious someone’s remarks are in class by how high they rank on the Obamanometer.”6

  Criminal Law was the course in which Barack “pontificated”—as Jackie called it—the most, but the class and professor that Barack and Rob found the most intellectually stimulating was Torts, with David Rosenberg. With only one-third of Section III’s students in that subsection, it was more intimate than Contracts, Civ Pro, or Crim, and the forty-five students responded enthusiastically to Rosenberg’s high-energy, in-your-face style and tough-minded libertarian economics. Everyone remembered Rosenberg’s invitation to a 6:30 A.M. law library tour, when he would discuss the practicalities of thorough legal research. Amy Christian, Richard Cloobeck, Diana Derycz, and Barack were among the half dozen or so students who showed up, and Three Speech recounted Rosenberg insisting during it, “I am not a masochist.”

  David Attisani “loved” Rosenberg’s class. “He was my most useful professor by a wide margin,” and Rosenberg also held a volleyball clinic and took a large group of students out to dinner. Richard Cloobeck agreed that Rosenberg was “the most practical and realistic and effective” of Section III’s professors. He also was often the most entertaining. Mark Kozlowski remembered Rosenberg asserting that Harvard-trained lawyers taking legal-services jobs was the equivalent of MIT engineering graduates becoming appliance repairmen. Three Speech captured an exchange in which one student asked Rosenberg if a passage in one case opinion was dicta, or beside the point; Rosenberg responded, “No! That’s crap!”

  Kozlowski and Cloobeck remembered how captivated Fisher and Obama were with Rosenberg, and Ali Rubin thought that “from the beginning Rosenberg treated Rob and Barack differently” than other students. Cloobeck believed Obama spoke just as much in Torts as he did in Crim, demonstrating to all how “incredibly, intensely smart and thoughtful” he was, even relative to classmates who had graduated at the top of their classes from the nation’s best colleges and universities. Obama was “intellectually curious” and “sincere in his academic passion,” Cloobeck thought, but he also seemed “extremely arrogant, very conceited.” Yet he admitted that Barack and Rob spoke “at a level that was just beyond my comprehension.”

  David Rosenberg remembered Barack as “one of the most serious students I’ve ever encountered.” Rosenberg’s approach to Torts involved “applying social and natural science to social problems” in a heavily economic, functionalist manner. He recalls that “Obama and Fisher were determined to figure out what was going on, absolutely determined.” The two came by his office “almost twice or three times a week, not to talk about the course in ways that would translate into a better grade, but to talk about the actual problems that I was raising and the approach.” Rob and Barack were always together—“you couldn’t separate them,” Rosenberg explains—but “they weren’t a duo in their mind-sets,” and “it didn’t seem like one was dependent on the other. They were quite independent,” and always raising “social policy questions” when they came by. Rosenberg remembered that in class, Obama “asked good questions, he fought through hard problems. I thought he was going to be a top academic.”

  Rob remembered that “Barack was very active” in Torts and “loved that class.” Rosenberg “met argument with argument, and valued creativity,” and “Barack and I just had a great time in that class. We were constantly arguing and talking and enjoying it and going to visit Rosenberg,” and Torts overall was “an absolute blast.” Rosenberg “had this intense intellectual passion” and a “creative style of lawyering that greatly appealed to us both.” Rob believes that “Rosenberg had a vastly bigger influence on Barack’s and my thinking about law” than their other 1L instructors combin
ed.

  Four years earlier, Rosenberg had published a major article in the Harvard Law Review calling for a restructuring of tort litigation in mass exposure cases like asbestos through the courts’ use of “aggregative procedural and remedial techniques,” an argument he revisited in a shorter 1986 HLR essay. In fall 1988, Rosenberg was writing an additional commentary, calling for “collective processing” and comprehensive settlements in mass tort cases rather than “legislative insurance schemes.” He was already so impressed by Rob and Barack that he sought their input on his draft manuscript. When it was published in May 1989, the first page included thanks to Rob and Barack for their “substantive criticism and editorial advice,” a remarkable acknowledgment for a Harvard law professor to bestow upon two 1L students.7

  Amy Christian remembered a day in Torts when “one of Barack’s two front teeth was broken diagonally so that like half the tooth was gone,” a casualty from the previous afternoon’s basketball game, he told her. “A couple of classes later he came in, and his tooth looked totally normal.” Kenny Smith, a 2L, remembered Barack as “a good player,” but two recollections of Obama from among the wider population of classmates who went up against him either in intramural matchups or the almost daily pickup games were his penchant for “trash talk” insults to opposing players and his tendency to call “baby” fouls in self-refereed games. Barack “was cocky as a basketball player, he was not as a regular person,” 1L Brad Wiegmann thought. Martin Siegel recalled “being in a game with him where he called a foul” and “he just headed to the other end of the court.” Oftentimes, “being a law school, if people called fouls there was a tendency to have that devolve into a crazy argument.” Not so with Obama. In “a sign of his status,” everyone “followed him without objection. It was as if he had said it, and therefore it was so.”