I Am Delighted to Have the Honor of Chairing the Fellows This Year

Expanding Knowledge, Advancing Justice Fellows News Fall 2006, Number 95

FROM THE CHAIR

Ellen F. Rosenblum

I am delighted to have the honor of chairing success of the recent membership drive. That evening featured the the Fellows this year, having taken the reins Fellows Annual Summer Reception, attended by over 150 at the lovely after the August Annual Meeting from my and historic Halekulani Hotel overlooking the ocean. For the reception, fabulous predecessor, Richard Pena. This the Fellows departed from tradition by partnering with the ABA Coalition column gives me a chance to report to you for Justice and its chair, Judge Cara Lee Neville, to present the occasionally about our activities and progress. Coalition’s first annual Burnham “Hod” Greeley Award, named after a First, I’d like to say thanks to all of you for beloved friend of so many in the ABA and the Fellows. Hod had so believing in the important work of the looked forward to this Annual Meeting so that he could give everyone the American Bar Foundation and for your tremendous support of both the true “aloha greeting” in his home state, which made this a particularly Fellows and the Foundation. Our ranks are growing every day, thanks to fitting and poignant tribute to a wonderful, warm man who, sadly, did not the fantastic efforts of so many—Richard’s leadership, and Jim live to see it. The award presentation to the League of Women Voters Silkenat’s and Steve Walther’s before him, the state and regional included a heartfelt dedication to Hod’s widow, Jackie Greeley, and family, chairs, and of course, our enthusiastic and hard-working staff. We have by then ABA President-elect Karen Mathis. The next morning we were begun to focus on state-by-state initiatives and to put special emphasis on addressed by the Chief Justice of the Hawaii Supreme Court, Honorable those who are already members of the ABA, since ABA membership is a continued on page 5 condition of membership in the Fellows. As a result, we have seen our Richard Pena, then Chair of the positive response rate increase dramatically while at the same time Fellows and Karen Mathis, then maintaining the highest standards for membership. If you know of President-Elect of the ABA, kick- someone who is not yet a Fellow, but should be, please let your state chair off the presentation of the First Annual Burnham “Hod” Greeley or Fellows Program Associate Edward Schexnayder know and they will Award, which is given by the follow up. ABA Coalition for Justice. This year’s award was presented This year’s team of officers—chair-elect Ellen Flannery, secretary during the Fellows Annual Jimmy Goodman, and I, look forward to serving you. We have already Summer Reception at the jump-started the year with a wonderful fall seminar and we have a lot of Halekulani Hotel. great ideas and plans in the pipeline. And, as always, we welcome your suggestions for ways to improve your experience as a Fellow of the American Bar Foundation. So, what have we been up to? Not all of you were able to make it to the Annual Meeting in Honolulu, so I’ll begin with that. Unlike the typical ABA annual meeting, this was a “no suits or ties” gathering with emphasis on having time in the afternoons to enjoy the beauty of Hawaii and recre- ational activities. But, of course, the Fellows kept busy the rest of the time. Honorable Ronald T.Y. Moon, Chief Justice of We opened with the State and Regional Chairs’ luncheon on Friday the Supreme Court of Hawai’i, addresses the afternoon, where Richard congratulated the chairs on the overwhelming Fellows during the Annual Business Breakfast at the 2006 Annual Meeting of the ABA. Welcome New Fellows ALASKA GJ Stillson MacDonnell Eugene G. Beckham Errol H. Powell Dana Fabe Joseph L. Manalili Pamela Beckham Timothy M. Ravich Maryann Foley Neda Mansoorian Morgan Ray Bentley R. James Robbins, Jr. David Mannheimer Edith R. Matthai Paul Richard Berg John W. Robinson IV Allison Elizabeth Mendel Alejandro N. Mayorkas Elizabeth M. Bohn Jim Rossi James E. Torgerson Niall McCarthy Cynthia Lee Bulan Jose A. Santos, Jr. ARIZONA Patricia A. Meagher Luis A. Cabassa Teresa Nicole Saunders-Meske Lee Stein Heather J. Meeker Mariana L. Cancio Joseph Schimmel David C. Tierney Beatriz Mejia Dominic Mark Caparello Lansing Charles Scriven ARKANSAS Audra M. Mori Henry M. Coxe III Frances D. Sheehy Thomas Daily John C. Murphy A. Darby Dickerson William N. Shepherd Steven T. Shults John Walshe Murray G. Ray Driver, Jr. Darcee S. Siegel CALIFORNIA David B. Nemer, Jr. Thomas S. Edwards, Jr. Theodore W. Small, Jr. Tsan Abrahamson Nguyen Huu Nguyen Katherine Warthen Ezell Larry Dean Smith Jeffrey Michael Allen Nanci Nishimura Glenn Phillip Falk Thomas W. Snook Sharon Joellen Arkin Walter F. Pettit Manuel Farach Timon V. Sullivan Neil R. Bardack Frank M. Pitre Stephanie Ingrid Fidler J. Michael Swaine James F. Basile Laurence Pulgram Richards Huff Ford Christi L. Underwood Michael J. Bidart John W. Ralls William C. Frye Roderick D. Vereen David T. Biderman Celina Duran Ramirez Rachel E. Fugate Karen D. Walker Steven R. Binder Kathleen M. Robertson Arthur Charles Fulmer Martha Curtis Warner Brad D. Brian Alan Joel Robin David A. Gemunder William A. Weber James A. Bruen Jerome C. Roth Suzanne Elaine Gilbert Elizabeth Phillips Whitehead Peter Howard Carson Cynthia Richers Rowland Joseph M. Goldstein Randi Brent Whitehead Elizabeth Chien-Hale Patrick Martin Ryan Gail Golman Holtzman Sheryl Grimm Wood Richard E. Climan Alice A. Salvo Rodney Glenn Gregory Kenneth C. Wright William Coats Jeannine Yoo Sano Merrick Lawrence Gross Douglas Arthur Wright David Cohen Jessica Cullen Smith Franklin Reese Harrison GEORGIA David Jeremy Cooper Darin Walter Snyder Andrea S. Hartley Thomas Carlton Arthur Robert H. Cornell Roslyn Jacobs Soudry Shannon B. Hartsfield Saba Ashraf Michelle Williams Court John Steele Jason E. Havens John F. Beasley, Jr. Jessica Darraby Mary Lenox Topliff Alice G. Hector David J. Bederman Jennifer L. Dauer Ira J. Waldman Kimberly Held Israel Jeffrey Leon Berhold Darragh J. Davis Ann Yvonne Walker Dinita Leanne James James F. Bogan III Bert H Deixler Sayre Weaver Jay Kim J. William Boone Andrew J. Demetriou Allen Joseph Webster, Jr. Bradford Dean Kimbro Jeffrey Owen Bramlett Paul R. DeMuro Andrew R. Weiss Edward J. Kinberg Arthur D. Brannan Kelly M. Dermody Alexander H. Williams III Stanley D. Klett, Jr. Julie Fleming Brown Douglas Evans Dexter John W. Witt Armando E. LaCasa S. Kendall Butterworth James J. Elacqua Travers D. Wood Barbara Landau Peter C. Canfield Julie Ann Emede Gregory A. Yates Richard H. Levenstein Toni Leigh Castel Aristotle Eder Evia Jolene A. Yee Manuel A. Garcia Linares L. Clint Crosby Donald G. Featherstun Michael Yoder Cheryl Ada Elizabeth Little Theodore H. Davis, Jr. Nancy Fineman Douglas R. Young Carol Celeiro Lumpkin Clinton E. Deveaux Stuart A. Forsyth COLORADO Andrew Joshua Markus Sara Lynn Doyle Koji Francis Fukumura Richard E. Bump Elio F. Martinez, Jr. Gerald M. Edenfield Michelle Greer Galloway James D. Kilroy Miriam E. Mason Henry D. Fellows, Jr. Michael Gerald Goldstein Kristen L. Mix Christopher L. McClure Ira L. Foster Carole E. Handler Timothy G. O’Neill Gail Ann McQuilkin Harold E. Franklin, Jr. Jan Lawrence Handzlik Marsha M. Piccone George J. Meyer Stephanie Lynn Friese George A. Hisert CONNECTICUT Laurel Moore Laverne Lewis Gaskins Johnson Hor Timothy S. Fisher James Burton Murphy, Jr. Janice C. Griffith David A. Horowitz Dwight H. Merriam John Pritchard Murray W. Melvin Haas III Larry Donald Murrell, Jr. C. Mark Humbert FLORIDA Harold Stephen Harris, Jr. JoNel Newman Paul R. Johnson William Aaron Eugene J. Heady Susan Potter Norton Courtney G. Joslin William E. Adams, Jr. Glenn P. Hendrix Catherine G. Novack Franklin Devin Kang Gwendolyn Palmer Adkins Wade Wilkes Herring II Andrew M. O’Malley Loren Kieve Jeremy William Alters Richard Herzog Anthony H. Pelle Catherine Sansum Kirkman Jose I. Astigarraga Carol W. Hunstein Frank Michael Petosa Gordon Eugene Krischer Gregory Baldwin Leon Andrew Immerman Thomas Todd Pittenger Richard Diebold Lee John M. Barkett Bernard V. Kearse III Sandra G. Porter Seth David Levy Daniel Kearney Bean Randall Mark Kessler

2 The Fellows of the American Bar Foundation 750 North Lake Shore Drive 4th Floor KENTUCKY Michael Irvin Krause J. Richard Ratcliffe Chicago, IL 60611 Edward B. Krugman Vickie Yates Brown Patricia Anne Sullivan 800.292.5065 Victor M. Lai Jerry J. Cox TENNESSEE fax 312.988.6579 Dax Lopez Laura M. Douglas Susan Raridon Lambreth www.americanbarfoundation.org Meghan Howett Magruder Cory M. Erdmann Kathryn Ann Stephenson S. Wade Malone Robert Charles Ewald Ellen F. Rosenblum, Chair TEXAS Charles Arthur Marvin William Robert Garmer Oregon Court of Appeals Kirby G. Mason Anne Ellen Gorham Linda J. Burgess 1163 State Street Letitia Arlington McDonald Bart Loveman Greenwald Walter B. Huffman Salem, OR 97301-2563 James H. Miller III Katherine J. Hornback Forrest C. Roan [email protected] Jeffrey Morgan Elizabeth S. Hughes Steven M Zager Ellen J. Flannery, Chair-Elect George Edward Mundy Scott D. Laufenberg VIRGIN ISLANDS Covington & Burling John D. Minton, Jr. Tom Bolt John L. North 1201 Pennsylvania Avenue, N.W. Judith Stilz Ogden Linda Strite Murnane WASHINGTON Washington, DC 20004-2401 James Duvall Patrick, Jr. Larry Palmer Benes Z. Aldana [email protected] W. Ray Persons David Bryan Sloan Randy Jarl Aliment Geoffrey Edward Pope Stephen E. Smith Stanley A. Bastian Jimmy K. Goodman, Secretary William M. Ragland, Jr. Tyler Smyth Thompson Bobbe Jean Bridge Crowe & Dunlevy James Y. Rayis MARYLAND Robert Joseph Burke 20 North Broadway, Suite 1800 Oklahoma City, OK 73102-8273 Frank Earl Riggs, Jr. Donna Van Scoy Eileen M. Concannon [email protected] Robert L. Rothman MASSACHUSETTS Ronald E. Cox William G. Rothschild Paul W. Lee Lonnie Davis Fellows News is published biannually by Maria Sophia Diamond Charles L. Ruffin MINNESOTA The American Bar Foundation Margaret Dore Charity Scott Marlene S. Garvis Eric D. Eberhard To contact the Office of The Fellows Rita A. Sheffey David Lawrence Sasseville Adam W. Gravley telephone: 800.292.5065 (ext. 6596 or 6511) John A. Sherrill Michael W. Unger John I. Spangler III Rachel Han fax: 312.988.6579 MISSOURI Michael A. Sullivan Penelope A. Hazelton Susan Linden McGreevy Jennie Fisher Gregory Tyson Talley G. Richard Hill Mike D. Murphy Fellows Communications Associate Anita Wallace Thomas Jayanne A. Hino Ted Robert Osburn 312.988.6511 Charlena Thorpe Roy J. Koegen [email protected] Wayne Thorpe NEW HAMPSHIRE Douglas C. Lawrence Robert Moure Travis Carol Ann Conboy Jeffrey B. Litwak Edward Schexnayder Rodd C. Walton Gary E. Hicks Kenyon E. Luce Fellows Program Associate David A. Weissmann Jennifer L. Parent Paul Steven Miller 312.988.6596 Charles W. Whitney NEW MEXICO Lawrence Robert Mills [email protected] M. Russell Wofford, Jr. Mary Torres Salvador Mungia Baimei Guo Bruce E. O’Connor HAWAII NEW YORK Fellows Database Manager Nathan T. K. Aipa Michael A. Bamberger Thomas O’Connor 312.988.6549 Rai Saint Chu David Rudenstine Douglas Oles [email protected] Peter Corcoran OHIO Jacqueline Parker Kristie Cruz-Chang Michael C. Jones Michael John Pellicciotti Founded in 1952, The American Bar Foundation William C. Darrah Jeffrey J. Snell Anita Ramasastry is an Illinois corporation, 501(c)(3). Jerry Allen Riedinger Beatrice K. Dawson OREGON Sara P. Sandford Robert Carson Godbey Carol A. Emory Lance M. Inouye C. Robert Schaub PENNSYLVANIA Marguerite Smith Kenneth R. Kupchak Sara A. Austin Georgia K. McMillen Kim Tran Send Us Your News! Peter J. Neeson Mark P. Walters Wayne D. Parsons Paul C. Troy Jeffrey Portnoy Christine Williams RHODE ISLAND Stefan Michael Reinke James Eric Wreggelsworth Submissions for the “Fellows in William J. Balkun Seth M. Reiss WEST VIRGINIA William J. Delaney Print,” “Fellows in the News” and Carole R. Richelieu Michael A. Albert Christopher S. Gontarz Elizabeth Robinson Patrick Deem “State Happenings” features in The Marcia McGair Ippolito Michelle Heidi Tucker David A. Faber Peter V. Lacouture Fellows News are always gratefully Richard Turbin WISCONSIN Sandra A. Lanni Jodi Lei Kimura Yi Joseph W. Boucher received. Please send the information Mary Mona Lisi Christina Plum ILLINOIS Christopher Hood Little to Jennie Fisher in The Fellows Office Richard M. Lipton J. Drew Ryberg Maureen McKenna Goldberg at 750 North Lake Shore Drive, 4th Mitchell A. Orpett Richard A. Pacia Floor, Chicago, IL 60611 (or call her at 1-800-292-5065).

3 AT THE ABF

Robert Nelson

As I begin my third year as Director of the regularly appear in the Op-Ed pages of the New York Times and other American Bar Foundation, I am excited major publications. Janice Nadler recently was interviewed on National by all the great things happening here Public Radio in connection with the Moussaoui trial about her research and nationally. The importance of on the effect of victim impact evidence on punishment judgments. Much empirical legal studies is now being of the work by Steven Levitt that appears in his best-selling book, widely recognized in the legal academy, Freakonomics, has provoked public debate on issues ranging from gun the social sciences and the humanities, control to abortion to child safety. Nobel Laureate James Heckman’s the judiciary, policy circles, and the legal research on the importance of early childhood development for later profession. As the leading research institute for the empirical study of law, labor market success has been presented in several government legal institutions, and legal processes, the American Bar Foundation conferences, such as that organized by the governor of Iowa in March makes a unique contribution to the legal profession and the society it 2006. Terry Halliday has been an invited speaker at international serves. We can trace the significance of empirical legal studies through conferences on commercial law and insolvency law reform. the recent accomplishments of the ABF in these arenas. 5) The legal profession. ABF research addresses many issues of 1) The legal academy. The theme of this year’s Annual Meeting of the critical concern to the legal profession. The ABF continues to be the Association of American Law Schools was, “Empirical Scholarship: What leading authority on the legal profession, with research that sets the Should We Study and How Should We Study It?” It is no accident that all standard for understanding the demographics of lawyers, the true three plenary sessions for the meeting included current and former character of satisfaction and dissatisfaction of lawyers, the changing members of the ABF research faculty or visiting scholars – Shari prospects for women and minorities in the profession, the determinants Diamond, Elizabeth Mertz, John Donohue, Ian Ayres, Keith Hylton, and of pro bono activity and other forms of community services by lawyers, Thomas Mitchell. the effect of legal representation on the social outcomes of traditionally 2) The social sciences and humanities. The Center for Advanced disadvantaged groups, and how legal education shapes the thinking Study in the Behavioral Sciences selected an ABF project – Legal and processes of law students and the roles young lawyers ultimately play in Social Scientific Perspectives on Employment Discrimination – as one of practice. its special projects in 05-06, resulting in a Center Fellowship for ABF More broadly, ABF research informs the legal profession about Scholar Laura Beth Nielsen. Vicky Woeste won a fellowship from the matters that a learned profession cares about: the impact of and National Endowment for the Humanities for her path-breaking work on contested character of the rule of law, the underpinnings of the legiti- the libel lawsuit prosecuted against Henry Ford in the 1920’s for anti- macy of the criminal justice system in the United States and other semitic publications. societies, the history of calls for exceptions to constitutional procedures 3) The judiciary. ABF research is cited by the courts. Justice Breyer based on emergency conditions, the role of law in shaping the response referred in the Miller-El case, handed down in June 2005, to ABF to the global AIDS epidemic, the historical role of law in economic research conducted by Mary Rose, former research fellow, on the effects development, the social and political foundations of judicial indepen- of peremptory challenges on the racial composition of juries. Shari dence, to name but a few examples. Diamond’s research on civil juries played a role in shaping the recom- Given the growing recognition that empirical research is necessary to mendations from the American Jury Project that were adopted by the understand how law operates in our society, this is an exciting time for ABA House of Delegates in 2005. Through her participation in the 7th the American Bar Foundation. A legacy of support from the Fellows and Circuit American Jury Project and several talks to conferences of judges, the American Bar Endowment has provided the foundation for building Professor Diamond is having a direct effect on jury procedures and a research faculty that represents the strongest collection of empirical instructions. social scientists working on law. Our scholars continue to generate 4) Policy arenas. ABF research and ABF researchers are participating rigorous and objective empirical research on issues of ongoing concern in policy debates that will influence the role that law will play in many to the legal profession. With your continued support, the ABF research important arenas. John Hagan’s research on the alleged genocide in program will continue to develop and evolve in response to the new Darfur has been widely cited in news reports and policy commentaries challenges that confront law and the legal profession in the twenty-first concerning the scope of that unfolding tragedy (including Science, century. We look forward to the challenges that lie ahead. 9/15/06), and has spurred calls for more assertive intervention by the Sincerely, international community. Tracey Meares’ work on gangs and neighbor- hoods has been funded by federal agencies seeking more effective approaches to urban violence. Austan Goolsbee’s research on internet Robert L. Nelson taxation has been cited in congressional debates on proposed tax Director and MacCrate Research Chair in the Legal Profession; legislation. His comments on other aspects of public finance and law Professor of Sociology and Law, Northwestern University

4 FROM THE CHAIR continued

Ronald T.Y. Moon, at our annual business breakfast at the convention hotel, the Hilton Hawaiian Village. Chief Justice Moon presented an Audience members are captivated by the intriguing history of the path to Hawaiian statehood and shared with us Honorable Paul J. DeMuniz, some of the unique features of legal practice in Hawaii. At the breakfast Chief Justice of the Oregon Supreme Court, as he we also honored Richard with a beautiful pair of engraved cufflinks and addresses the Rule of Law a plaque in recognition of his exemplary service as chair. in emerging democracies As our first major activity of my year as chair, we held the First Annual with developing economies. Fall Fellows Seminar—“October in Oregon” the weekend of October 12—14. This was our inaugural effort at a region-hosted Fellows on Friday night, featuring panoramic views of the city and Willamette seminar, and not only did the weekend boast the perfect “Indian River and a fascinating presentation by Oregon Chief Justice Paul J. summer” weather, but the program really was a roaring success. The DeMuniz—who spoke about attempts in Russia to develop a useful seminar, held in one of downtown Portland’s most elegant and historic legal system and to recognize the concept of judicial independence. hotels, provided over nine CLE credit hours of programming including In addition to the programming and the social events—including an presentations by four ABF researchers, Beth Mertz, Jack Heinz, intimate tour of Oregon wine country during the harvest—staff, Fellows Susan Shapiro and Robert Nelson, whose cutting-edge work and some interested in becoming Fellows, met for a Fellows Town Hall, at studying the legal profession and lawyer ethics was featured. Bob which many great suggestions were made to enhance the organization. Nelson, the ABF’s Director, gave a lively history of the Foundation and the These included such ideas as a committee structure, a mentoring remarkable work it has produced over its fifty years. Complementing the program, and, generally, ideas for promoting the work of the ABF ABF studies and speakers was an array of local lawyers and judges who researchers. joined as speakers and facilitators, including: former Assistant United There are many people to thank for making this seminar a reality. States Attorney Robert C. Weaver Jr., who dazzled the audience with the The ABF and Fellows staff really “stepped up” to help me realize this bizarre and often humorous tale of The Bhagwan Shree Rajneesh and dream and our local host committee, led by our state chair, Marilyn his followers; Robert Atkinson, the Assistant Attorney General who Harbur, was instrumental in obtaining our the sponsors and promoting successfully argued the physician-assisted suicide case in the United it to local lawyers as well as to Fellows nationally. Many of the attendees States Supreme Court; and Steve Wax, the federal defender who came from quite far away—from the likes of New York, Ohio, North represents Guantanamo Bay detainees and represented the Oregon man Dakota, and Alaska, and, of course, we had great representation from who was initially thought to have been involved in the Madrid subway the western region and the Pacific Northwest, in particular. What this bombing due to a faulty fingerprint analysis by the FBI. says to me is that, if we have a worthwhile program —and a great Three Portland law firms generously sponsored the various social location—the Fellows are interested in activities that bring us together events at the seminar: Thanks go especially to Susan Marmaduke of for both learning and collegiality, even outside our own states—and Harrang Long Gary and Rudnick, P.C., whose firm sponsored the outside the Midyear and Annual ABA meetings. Many people told me it opening reception in the grand lobby of the Embassy Suites; former ABA was one of the best seminars they had ever attended, and many others President Robert Hirshon, whose Portland, Oregon firm, Tonkon, indicated they wished they could have come, but for the numerous other Torp, LLP sponsored the luncheon at which Mr. Weaver spoke; and meetings and conferences that were occurring on that same weekend. I former Oregon Bar President Ed Harnden, whose law firm, Barran hope this will be the beginning of an enduring Fellows tradition, and I Liebman LLP, hosted the pre-dinner reception at the Portland City Grill thank those who were involved for an exciting pioneering effort. 2007 MIDYEAR MEETING Now, let me briefly tell you what you can expect in February at the ABA Midyear Meeting in Miami, Florida (February 9–11, 2007). Of course, the Midyear Meeting is our biggest meeting of the year, in terms of Fellows social activities and substantive programming. This year will be no exception. So I hope you are planning on joining us for what promises to be another spectacular setting and meeting. The Welcome Reception will be held on Friday evening, February 9, at the Sky Terrace Barbara Roberts, the first female governor of Oregon, in the Bank of America Building. Saturday afternoon we will have the Robert Atkinson, Assistant Attorney General for the State Fellows Research Seminar, featuring the remarkable work of ABF Senior of Oregon, Ellen Rosenblum, Chair of the Fellows and Susan Shapiro, Senior Research Fellow at the American Researcher Shari Diamond on the subject of the jury deliberation Bar Foundation, pose to commemorate the close of a process. (Shari is the only person to obtain access to the videotapes of wonderful weekend of programming during the First numerous jury deliberations that took place in the Arizona state courts Annual Fellows Fall Seminar held in Portland, Oregon. and has spent the past several years dissecting, studying and writing continued on page 10

5 Fellows in the News Fellows in the News Life Fellow Joel P. Bennett was American College of Trial Lawyers (ACTL). The Life Fellow James R. Wyrsch and DCappointed to the Board of Directors of mission of the committee is to honor judges MOFellow J.R. Hobbs have been listed the Georgetown Business and Professional throughout the country who have performed in the 2006 edition of Who’s Who Legal, The Association and Chair of its Legislative their duties under very difficult or dangerous International Who’s Who of Business Laywers, Committee. circumstances. published by Law Business Research Ltd. They Fellow Alan H. Kent was appointed by the Life Patron Fellow and former Chair of the have also been listed in the 2006 Chambers District of Columbia Court of Appeals to an Fellows Richard L. Thies has been awarded USA, America’s Leading Lawyers for Business, unprecedented third consecutive three-year the Illinois State Bar Association Medal of published by Chambers and Partners term as the court’s bar admissions counsel. Honor for his significant service to the Publishing. In May 2006, Life Fellow Reverend profession and to the cause of improving the Fellow Paul A. Rowe, managing Robert F. Drinan, S.J. was awarded a administration of justice. It is the highest NJ partner of Greenbaum, Rowe, Smith & lifetime achievement award by the U.S. recognition given by that Association. Richard Davis LLP, has been ranked number one in the Congress. Father Drinan served as a member and Life Fellow Jerry Solovy were recently Litigation: General Commercial category of Congress from Massachusettes from 1971 to asked to give responses on behalf of those among the top attorneys in New Jersey as listed 1981. Georgetown University Law Center has lawyers being honored by the ISBA for their in Chambers USA America’s Leading Business created a Drinan Chair in Human Rights. It is a admission to the Illinois Bar for 50 years. Lawyers of 2006. topic taught by Father Drinan since he joined Life Fellow Adrianne C. Mazura has Life Fellow Albert Burstein of Tenafly the faculty of Georgetown University Law Center been named secretary of the Board of received the 2006 Daniel J. O’Hern Award from in 1981. Directors of the Illinois Institute of Continuing the New Jersey Commission on Professionalism The law firm of Gunster, Yoakley & Legal Education. The IICLE is an independent in the Law at an awards luncheon on Friday, FL Stewart recently hosted a reception to group that provides career-long practice October 13, 2006, at the New Jersey Law pay tribute to Miami attorney and Life Fellow guidance and tools to lawyers and judges. Center in New Brunswick. The O’Hern Award Frank Angones, 2007 President-Elect of The Fellow Cheryl I. Niro of Chicago has been recognizes commitment to professionalism, Florida Bar. He is the first Cuban-American appointed the first executive director of the career achievement, and service to the elected to serve in this position. Illinois Supreme Court’s new Commission on profession and the community. Foundation Board Member and Life Patron Professionalism. She began her tenure on Life Fellow Hon. Betty Weinberg Fellow Leonard H. Gilbert was appointed by April 3, 2006. NY Ellerin has joined the New York office ABA President, Karen Mathis, to the ABA’s Fellow Julie I. Fershtman was of Alston & Bird LLP as Senior Counsel. Justice Committee on Federal Judiciary, representing MI named Chair of the American Bar Ellerin is a former Presiding Justice of the the Eleventh Circuit. In this role, he will review Association sub-committee on Animal Appellate Division First Department in New all Presidential nominees to the Federal Courts Insurance Law at the ABA Annual Meeting in York and was the first woman appointed to that in Florida, Georgia and Alabama, as well as all Honolulu, Hawaii in August 2006. The sub- bench in 1985. nominees to the Supreme Court of the United committee was created by the ABA/Tort, Trial & Life Fellow Jack Morrison, Jr., States. Insurance Practice Section’s Animal Law OH President of Amer Cunningham Co., Fellow Randi B. Whitehead will be Committee. L.P.A., has been appointed to the Board of the serving as a member of the ABA Commission Life Fellow Honorable Douglas W. Summit County Board of Elections beginning on Mental and Physical Disability Law, Hillman was recently honored with the State March 1, 2006, and to The University of Akron including serving on the Commission’s Bar of Michigan’s Frank J. Kelley Distinguished Board of Trustees. He has also been named subcommittee on Lawyers with Disabilities. Public Service Award. Twenty-five years ago one of the Ohio Super Lawyers 2006 in Law & The William S. Richardson School of Judge Hillman founded the Trial Skills Politics and Cincinnati Magazine. HI Law, University of Hawai’i at Manoa Program, now known as the Hillman Advocacy Life Fellow Charlie J. Faruki, Managing recently hosted a book reception in honor of Program, to help young lawyers develop trial Partner of Faruki Ireland & Cox P.L.L., is being Life Fellow David L. Callies and his co- skills and foster civility and professionalism. recognized for his legal talents in the practice authors Jes Bjarup, Fred Bosselman, Martin Life Fellow Charles R. Rutherford was areas of Commercial Litigation, Energy Law, Chanock, Peter Orebech and Hanne Peterson honored with the Michigan State Bar and White-Collar Criminal Defense. Mr. Faruki for their publication of The Role of Custom- Foundation’s 2006 Founders Award. The has been named one of The Best Lawyers in ary Law in Sustainable Development. Founders Award recognizes a lawyer who America for 2007. He also joins a select few Life Fellow Michael A. Pope has been exemplifies professional excellence and has attorneys who have been named Best Lawyers IL appointed the inaugural chair of the made significant community contributions. for 20 years or longer. Courageous Jurist Award Committee of the

6 PEOPLE TO PEOPLE This year the Fellows led a Delegation of 66 lawyers, judges, corporate counsel and legal educa- Life Fellow D. Gibson “Gib” Walton tors from around the United States, plus several bar leaders from other countries and members of TXof Houston, was elected by Texas the ABA Board of Governors and House of Delegates to China. The Delegation met with Chinese lawyers to serve as President-Elect of the State government officials, U.S. Embassy and Consular staff, Chinese lawyers, judges and legal educators Bar of Texas for the 2006-2007 bar year. He and U.S. businesses operating in China. The Delegation was chaired by former Fellows Chair will be sworn in as President during the 2007- James R. Silkenat of New York and former American Bar Endowment President William C. 2008 bar year and serve as Immediate Past Hubbard of South Carolina. Following the resounding success of this Delegation, as well as that of President during the 2008-2009 bar year. the Fellows Delegation to Russia led by Past Chair Steven Walther, planning for the next trip is Foundation Vice President, Life Patron well underway. Fellow and Immediate Past Chair of the Fellows Immediate Past Chair of The Fellows, Richard Pena, will lead the third Annual Delegation of Richard Pena will be honored with the Fellows to India. Mark your calendars for April 15-24, 2007. The Fellows will participate in a series Austin Bar Association’s Distinguished Lawyer of meetings, site visits and cultural activities during their time in Delhi, Agra and Jaipur. Please Award. The ceremony will take place on contact People to People Ambassador Programs for the itinerary, program cost and registration January 20, 2007. Mr. Pena was also recently process at (877) 787-2000 or [email protected] awarded the Excellence in Leadership award from People to People Ambassador Programs. The award was presented in Washington D.C. on September 14, during a ceremony commemorating the 50th Anniversary of the In Guilin, China: Presentation to the Dean of Guangxi Normal University Law organization founded by President Dwight D. School by Delegation Co-Leader William Eisenhower in an effort to better promote Hubbard of South Carolina. Also pictured cultural understanding through the efforts of are members of the Delegation: Steve Zack of Florida, Dean Willis Whichard of individuals. North Carolina and Delegation Co-Leader Life Fellow John B. Webber was the Jim Silkenat of New York. VTrecent recipient of the Fifth Annual American Inns of Court Professionalism Award, for the Second Circuit, presented to him at a ceremony held on September 13, 2006, at the Daniel Patrick Moynihan United States Court House in New York City. The award was given to him by the Hon. John M. Walker, Jr., Chief On the Li Rivers, Southern China: Judge Cheryl Gonzales of New York, Judge of the United States Court of Appeals for Judge Carol Edmead of New York and the Second Circuit, and the Hon. Deanell Nanci Nishimura of California. Reece Tacha, Chief Judge of the United States Court of Appeals for the Tenth Circuit.

In Memoriam E.T. Brown, Jr., Birmingham, AL William H. Dana, Duxbury, MA Robert O. Hetlage, St. Louis, MO Carter LaPrade, Lancaster, VA At farewell dinner in Shanghai, China: Estelle Rogers of Washington, D.C., Judy Kaleta of Washington, D.C., and Judge Cara Lee Neville of Minnesota.

7 Research Funds The Liz and Peter Moser Research Fund in Legal Ethics, Professional Respon- Life Fellow Giving Societies sibility, and Access to Legal Services. Established through a generous gift from Liz and Peter Moser, and in recognition of their lifetime of dedication to legal ethics and profession- A Life Fellow who contributes a alism, this fund supports the American Bar Foundation’s fundamental empirical research in minimum of $250 annually will be the fields of legal ethics, professional responsibility and access to legal services. named a Sustaining Life Fellow Wm. Reece Smith, Jr. Research Fund. Support for the Wm. Reece Smith, Jr. Research A Fellow who contributes an Fund recognizes the enormous contributions Reece Smith has made to the practice of law aggregate of $5,000 will be named and legal scholarship, particularly in the fields of professional ethics, pro bono legal a Life Patron Fellow services, and international efforts to secure human rights and the rule of law. The fund will A Fellow who contributes an advance the Foundation’s notable research in these vital areas. aggregate of $10,000 will be named The American Bar Foundation recognizes the following generous individuals who contrib- a Life Benefactor Fellow uted this year to the Liz and Peter Moser Research Fund in Legal Ethics, Professional A Fellow who contributes an Responsibility, and Access to Legal Services and the Wm. Reece Smith, Jr. Research Fund. We aggregate of $25,000 will be named are grateful for your support. a Life Leadership Fellow Contributors: Mary M. Devlin Richard J. Medalie Charles J. Driebe William D. Missouri Barbara Kerr Howe James A. Noe Susan B. Lindenauer Lisa M. Tatum For further information on giving societies or making a financial contribution, please contact Edward Schexnayder at 312.988.6596 or email [email protected]. Fellows in Print Brock, Ralph H., “Perhaps the Most Incorrect of Any Land Line in the Herbert, Wm. Carlisle, “Keeping the Equity in ERISA: Limiting United States: Establishing the Texas-New Mexico Boundary Along the Judicial Relief to What is ‘Appropriate,’” 2 Journal of Academic Legal 103rd Meridian,” 109 S.W. HIST. Q. 431 (April, 2006). Studies 4 (2006). “Remodeling at the Core of Insurance Insolvency: Calkins, Stephen, “Civil Monetary Remedies Available to Federal The New Insurer Receivership Model Act and Rights-Fixing,” 18 Antitrust Enforcers,” 40 U.S.F. L. Rev. 567 (2006) (symposium issue). Mealey’s Litigation Report: Insurance Insolvency 24 (2006). “Antitrust Modernization: Looking Backwards,” 31 J. Corp. L. 421 Murphy, Jane, “Legal Images of Fatherhood: Welfare Reform, Child (2006). Support Enforcement, and Fatherless Children,” 81 Notre Dame L. Rev. Callies, David L. and Adrienne I. Suarez, “Privatization and the 118 (2005). “Protecting Children by Protecting Motherhood,” 14 Wm. Providing of Public Facilities through Private Means,” The Journal of Law & Mary Bill of Rts. J. 969 (2006). & Politics, Vol. XXI, No. 4, Fall 2005. “The Role of Customary Law in Rotunda, Ronald D., “The Propriety of a Judge’s Failure to Recuse Sustainable Development,” (Cambridge University Press, 2005). When Being Considered for Another Position,” 19 Georgetown Journal Coffey, Peter V., “Attorney Escrow Accounts: Rules, Regulations and of Legal Ethics 1187 (2006). “Principles of Constitutional Law,” (West Related Topics, Second Addition,” New York State Bar Association. Group, St. Paul, Minnesota, 2nd ed., 2005) (with Nowak). Cudahy, Richard D., Chapter 3 on Administrative Law for NUTSHELL “Problems and Materials on Professional Responsibility,” (Foundation Treatise on Energy Law co-authored with Professor Joseph Tomain, Dean Press, New York, N.Y., 9th ed. 2006) (with Morgan). “Legal Ethics: The of University of Cincinnati Law School, published in August of 2004. Lawyer’s Deskbook on Professional Responsibility,” (ABA-Thompson- Collaboration with Professor William D. Henderson on treatise published West, St. Paul, Minn., 4th ed. 2006) (with John Dzienkowski). “CMS in Vol. 26, No. 1 (2005) of Energy Law Journal, entitled “From Insull to Information Policy Under Medicare ‘Part D’ Creates 1st Amendment Enron: Corporate (Re)Regulation After the Rise and Fall of Two Energy Problems,” 21 Legal Backgrounder (Washington Legal Foundation, No. Icons.” “The Airlines: Destined to Fail?” article published in Journal of 21, July 7, 2006). Air Law and Commerce, Vol. 71, No. 1 – Winter, SMU Law Review Association.

8 Memorial Resolution for Robert O. Hetlage

On the occasion of the first Board of Directors Meeting since his death on July 17, 2006, the Board of the Ameri- can Bar Foundation expresses its sincere condolences to the family of Robert O. Hetlage and, especially our dear friend, Anne. Bob was a superb lawyer and a dedicated supporter of the Foundation. He served on the Foundation Board for 10 years, including two years as Vice President and two years as President. He was a Life Leadership contributor to the Fellows of the ABF. We will miss his wisdom, his judg- ment, his gracious style, and his sense of humor.

AMERICAN BAR FOUNDATION PUBLICATIONS ARE NOW AVAILABLE THROUGH THE ABA WEBSTORE! The ABA Webstore is now hosting a collection of publications from the Research Fellows of the American Bar Foundation. You can purchase, at a discount, such publications as: • After the JD: The First Results of a National Study of Legal Careers • Freakonomics: A Rogue Economist Explores the Hidden Side of Everything, by Steven Levitt • Employment Discrimination Research, by Robert Nelson and Laura Beth Nielsen • Justice in the Balkans: Prosecuting War Crimes in the Hague Tribunal, by John Hagan • License to Harass: Law, Hierarchy and Offensive Public Speech, by Laura Beth Nielsen • Tangled Loyalties: Conflict of Interest in Legal Practice, by Susan Shapiro • The United States Supreme Court, edited by Christopher Tomlins • The Lawyer Statistical Report: The Legal Profession in 2000, by the American Bar Foundation • Urban Lawyers: The New Social Structure of the Bar, by John Heinz and Robert Nelson Visit the ABA Webstore today to review the collection: www.abanet.org/abastore

9 FROM THE CHAIR continued about the surprising—in some instances—results.) Saturday night we will once again host the Fellows Annual Awards Reception and Banquet. Ellen Rosenblum,then Chair-Elect and This year it will be held at the elegant Villa Woodbine in Coral Gables Minnesota State Chair (transportation will be provided). Check the Fellows website for more Judge Cara Lee Neville details and to register (http://fellows.abfn.org). mingle during the Fellows Annual For the past several years, the Fellows have teamed up with the People Summer Reception. to People Ambassador Program to offer a unique international cultural and professional excursion. I was fortunate to be asked by Steve Let me close with this final thought: A few years ago, probably like Walther to serve as his co-leader on the first trip two years ago—to many of you, I was a Fellow, but I didn’t have a real sense of what the Russia. It was an incredible experience both personally and profession- Foundation did and why our support was so valuable. Little by little, I ally. Just this past October, Jim Silkenat led a delegation to China and in have figured it out. The 25 ABF researchers are truly world class in the April 2007, Richard Pena will lead a group to India, where visits to work they do, both inside and outside the Foundation. There is no other Delhi, Agra and Jaipur are planned. It is my hope to be able to lead a place in the world where the emphasis is on the highest quality, ground- Fellows trip to Vietnam and Cambodia in 2008. For more information breaking, empirical research into the law and legal institutions. That may about the upcoming India delegation, please contact People to People not sound too exciting at first, but when you meet the researchers, hear Ambassador Programs at 877/787-2000 or [email protected]. them talk about their work and read their published articles and books, I guarantee that you will feel an immense sense of pride that you are a Fellow of the American Bar Foundation. Its work impacts not only the legal community—witness Shari Diamond’s work mentioned above— but even more so, society in general. Thank you all for the many ways in which you demonstrate your dedication to our profession. And see you in Miami!

Robert C. Weaver, Jr., former federal prosecutor for the State of Oregon, dazzles Fellows with the true tale of corruption, poisoning and attempted Ellen Rosenblum murder from Oregon’s cowboy and the Bhagwan Shree Rajneesh Chair, The Fellows

State Happenings The Colorado Fellows will hold their annual meeting on June Judge Lorraine Arkfeld, Chair of the ABA Commission on the CO 1, 2007. Details to follow, please forward any programming American Jury Project and Immediate Past Chair of the Judicial Division suggestions to State Chair Judge Fred Rodgers. of the ABA, spoke recently at a Fellows Luncheon Seminar in New York The Missouri Fellows, chaired by Doreen Dodson, recently City, concerning important developments involving juries in the Ameri- MO held their annual meeting in September 2006. The event can legal system. The event was hosted by James R. Silkenat, Past featured a presentation by ABF Senior Research Fellow Janice Nadler, Chair of the Fellows. who spoke on her new research project which explores the public At a Fellows Luncheon Seminar in New York City, Bryan A. backlash to the Supreme Court’s decision in Kelo v. City of New London. Stevenson, Executive Director of the Equal Justice Initiative of Alabama, Theodore C. Sorensen, former special counsel and advisor made a presentation on “Death Penalty Issues in America.” The NY to President John F. Kennedy, and Mark D. Agrast, Senior Luncheon Seminar was chaired by James R. Silkenat of New York. Fellow at the Center for American Progress and Chair of the ABA The Oklahoma Fellows,chaired by Graydon Dean Luthey Commission on the Renaissance of Idealism in the Legal Profession, OK and Michael C. Mayhall, held their annual black tie spoke recently at a Fellows Luncheon Seminar in New York City, hosted reception and dinner at the Summit Club in Tulsa on November 14, by James R. Silkenat, Past Chair of the Fellows, at the Arent Fox law 2006. The next morning the annual business meeting of the Fellows was firm. Messrs. Sorensen and Agrast discussed the Renaissance of conducted in conjunction with the start of the Oklahoma Bar Association Idealism concept and answered questions from an overflow audience, Convention. including representatives of a number of European law firms.

10 Law & Social Inquiry

To fulfill its declared mission to expand knowledge and advance justice the American Bar Foundation maintains channels to three main audiences—the general public, the legal profession and academia. The ABF’s main link to academia is its research journal, Law & Social Inquiry. The journal appears four times a year. It publishes original, peer-reviewed, research articles, and commis- sioned review essays and book notes. Project research by ABF research fellows is one source for the articles that appear in the journal, but most issues are filled with articles submitted by scholars from all over the world who compete to place their research in the ABF’s journal. Law & Social Inquiry’s job is to publish the best academic research on law, the legal profession and legal institutions that is being produced, both in the US and worldwide. The journal is among the top peer-review journals in the law field, and measured statistically by its “impact factor” its influence is steadily increasing. LSI enjoys extensive interest and support in the academic and legal communities, and it brings the ABF widespread recognition as the leading sponsor of interdisciplinary research on law. The journal’s strong reputation and high quality is one of the factors that ensures the ABF’s national and international standing as a research institution remains high. Law & Social Inquiry is a rigorous academic journal but it is not simply for academic consumption. Much of the research published in the journal will be of interest to the ABF’s professional and public audiences as well, for the articles and review essays featured in the journal will often have important relevance to the professional lives of practicing attorneys as well as those interested in exploring the nexus of law, social science and empirical research. Take Rose Corrigan’s article on Megan’s Law in LSI 31:2, or the quite different but absorbing approaches to law school and its consequences displayed by authors Desmond Manderson and Sarah Turner, and Christa McGill in LSI 31:3. In LSI 31:4 we’re pleased to publish a major symposium on discrimination law. Meanwhile, expert Robert A. Kagan reviews work on tort reform in LSI 31:3 while in 31:4 Tom Boellstorff looks at the major contemporary question of whether Islamic law can cope with the pressures and crises of modern domestic life. LSI tells the profession about itself, and about how others see it and the world of the law. Law and Social Inquiry is made available to all Fellows during their inaugural year as a Fellow of the American Bar Foundation. Subscriptions to the Journal are then available for subsequent years. Examples of recent and forthcoming articles and review essays include: • “Social Movements and Social-Change Litigation: Synergy in the Montgomery Bus Protest”, Christopher Coleman, Laurence D. Nee, and Leonard S. Rubinowitz (30:4, Fall 2005) • “Making Meaning of Megan’s Law”, Rose Corrigan (31:2, Spring 2006) • “How Community Institutions Create Economic Advantage: Jewish Diamond Merchants in New York”, Barak D. Richman (31:2, Spring 2006) • “Coffee House: Habitus and Performance Among Law Students”, Desmond Manderson and Sarah Turner (31:3, Summer 2006) • Educational Debt and Law Student Failure to Enter Public Service Careers: Bringing Empirical Data to Bear on the Conventional Wisdom”, Christa McGill (31:3, Summer 2006) • “Enforcement of Civil Rights Law in Private Workplaces: The Effects of Compliance Reviews and Lawsuits Over Time”, Frank Dobbin and Alexandra Kalev (31:4, Fall 2006) • “Tales of Diversity: Lawyers’ Narratives of Racial Equity in Private Firms”, John Conley (31:4, Fall 2006) • “How Much do Conservative Tort Tales Matter”, Robert A. Kagan (31:3, Summer 2006) • “Domesticating Islam: Sexuality, Gender and the Limits of Pluralism”, Tom Boellstorff (31:4, Fall 2006)

For more information about the Journal and subscriptions, please contact Jennie Fisher at [email protected] or Lila Stromer at [email protected].

11 2007 MIDYEAR MEETING INFORMATION

The Fellows registration will open at 8:00 AM Thursday, Friday and Saturday mornings. Located at the Hyatt Regency Miami Hotel, registration will be staffed and available to all Fellows until 5:00 PM each night. Friday afternoon, 1:00 PM, Joint ABF and ABA Young Lawyers Division CLE Luncheon, After the JD: What Every Young Lawyer and Senior Partner Should Know About the Changing Trends in Legal Careers. Friday afternoon the Fellows Research Advisory Committee will meet. Friday evening at the Sky Terrace in the Bank of American Building, the Fellows will host their Opening Reception. The reception will begin at 6:00 PM and will end at 8:00 PM, cocktails and hors d’oeuvres will be served. The Fellows will host the Fellows Research Seminar, featuring the ground-breaking jury project of ABF Senior Researcher Shari Diamond, will be held from 2:00–4:30 PM on Saturday. Saturday morning at 10:00 AM, Fellows Walking Tour. Saturday evening at the beautiful Villa Woodbine in Coral Gables, the Fellows will host their Annual Awards Reception and Dinner. The Reception will begin at 6:00 PM and Dinner will end at 10:00 PM. Keynote Speaker: Professor Jonathan Turley, J.B. and Maurice C. Shapiro Professor of Public Interest Law, George Washington University Law School We are delighted to announce this year’s honorees: • Outstanding Service Award Neal Sonnett, Miami, Florida • Outstanding Scholar Award Catharine MacKinnon, Ann Arbor, Michigan • Outstanding State Chair Award Hon. Cara Lee Neville, Minneapolis, Minnesota Sunday Morning at 9:30 AM, CLE Program, They Can’t Do That…Can They? An Empirical Examination of Their Legal Rights. Sunday afternoon at 12:30 PM, State and Regional Chair Luncheon and Workshop. Watch for your registration brochure for more CLE programming and registration details.

FELLOWS OF THE AMERICAN BAR FOUNDATION Expanding Knowledge, Advancing Justice 750 North Lake Shore Drive 4th Floor Chicago, Illinois 60611 http://fellows.abfn.org 1.800.292.5065