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North Dakota Law School of Law

Spring 2009 North Dakota Law Rob Carolin

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Recommended Citation Carolin, Rob, "North Dakota Law" (2009). North Dakota Law. 3. https://commons.und.edu/nd-law/3

This Book is brought to you for free and open access by the School of Law at UND Scholarly Commons. It has been accepted for inclusion in North Dakota Law by an authorized administrator of UND Scholarly Commons. For more information, please contact [email protected]. THE UN I VERS I TY OF N O RTH D A KOTA S C HOOL OF LAW

Special Edition UND Law School Service to North Dakota

Chief Justice Gerald VandeWalle Serving North Dakota for more than 50 years WINTER 2009 1 From The Dean

Our law school is making significant advances on many to our alumni about developments at the law school fronts. Law student enrollment has grown 18% in the last and acknowledgements of the accomplishments of our two years, and our size is close to our realistic target of a graduates. The positive response to that magazine has student body of 245. We’ve shown even more remarkable been demonstrated in many ways, helping our readers to growth in applications to our school. As law school feel a sense of involvement in what the school has been applications nationally have declined, our applications doing. rose 45% last year, and have doubled in the last two years. NORTH DAKOTA LAW, our new alumni magazine, has a new name and a new look, and just as significantly, a new Those numbers are a reflection of the quality of the focus. It is designed to work together with electronic program we have at UND, and we are beginning to tell the newsletters and announcements that we will develop, story of that program more effectively. so that each medium can be more carefully crafted to accomplish distinct goals. Catalog, so that we now have an attractive and informative Although there will be feature articles about the law school, promotional piece for prospective students and other NORTH DAKOTA LAW will be focused primarily on alumni. We constituencies. will highlight accomplishments of our graduates and call attention to the many ways in which they support our school. We will also use the Fall/Winter issue to publish proportion of the information that all of us receive, we the list of our donors from the previous giving year. This have begun a substantial upgrade of the law school’s web issue thus includes information about contributions made site, aiming for timely information presented in a user- to the law school between July 1, 2005 and June 30, friendly format. 2006.

More timely news about events at the law school will academics from around the nation and the world, enriching be published on our web site and sent electronically to the life of the law school and spreading the word about those of you who wish to receive such messages. We the vibrancy of our community. will use this method of communication to let you know of upcoming programs and to report on the achievements of our faculty, students, and staff. state and beyond, with their many books, articles, and presentations to academic and professional audiences When the entire communications package is up and serving as compelling evidence of the value that our running, we should be able to stay in touch with you in school adds to the public. a way that lets you be fully engaged with the law school. The test, of course, isn’t what we want to say but what you want to hear, so I encourage you to keep in touch Public Relations so that our communications can be well and let us know your reactions to what we’re doing and coordinated and of professional quality. your suggestions for how we could communicate more effectively. This issue of our law alumni magazine is an important part of our effort to communicate more effectively. Law Matters, whose inaugural issue was published in early 2003, began the process of making periodic reports

Paul A. LeBel Dean

2 N O R T H DAKOT A LA W Contents

Departments Gerald VandeWalle N.D. Supreme Court Chief Justice

Faculty Publications 19

Alumni Proﬁles 30 Shaping North Dakota Business www.law.und.edu 12

Shaping state and local government

School of Law Administration Paul LeBel Dean 16 Kathryn Rand Associate Dean Jeanne McLean Assistant Dean Gateway to an Ethical Profession

Editor, Rob Carolin

Cover Photo by Chuck Kimmerle University of North Dakota Photographer

Vol. 3, Issue 1, February 2009

WINTER 2009 3 Legal Education and Public Service: Two Passions of Chief Justice VandeWalle

4 N O R T H DAKOT A LA W Few individuals in North Dakota’s history have had as profound an impact on the state as Gerald W. VandeWalle, Chief Justice of the North Dakota Supreme Court. As stated by former Supreme Court Justice and federal appellate judge H. F. “Sparky” Gierke, “Given the quantity and quality of [his] ﬁfty years of service to our state, a very strong case could be made that there is no one who has given more service to our state.”

Celebrating a Prolific Man school’s Class of 1958, graduating first in his class and serving as In proclaiming August 21, 2008, Editor-in-Chief of the NORTH a day “to celebrate the prolific DAKOTA LAW REVIEW. He career and service of North has expressed his gratitude for the Dakota Supreme Court Justice legal education he received at UND, Gerald W. VandeWalle,” North saying “I would not be where I am Dakota Governor John Hoeven’s today without it.” Te character proclamation noted that 2008 of the school added to the value “marks impressive milestones in of the education that he received. the career of Chief Justice Gerald “You may not have some of the big W. VandeWalle as he celebrates his course offerings other schools do, 75th birthday, 50 years as a licensed but you get that personal attention, attorney and 30 years of service on and I think sometimes that makes the North Dakota Supreme Court,” or breaks a student.” Te faculty and issued a call encouraging “knew who you were, and it was a Two Passions of the people of North Dakota “to personal thing. You had pressure to recognize Justice VandeWalle for behave and conduct yourself in a his distinguished career in service certain way.” to the Courts and for the significant Chief Justice VandeWalle impact he has had on North Dakota When asked to compare the law law and the state’s legal system.” school as it was when he was a student with the school that he Chief Justice VandeWalle is a sees today, VandeWalle identifies distinguished member of the law both similarities and differences.

WINTER 2009 5 “Tere are similarities. UND Law UND,” he said. “UND shaped my the portfolios for education, oil and School provided me with a basic, legal career. I became interested gas, and the state retirement system. solid, good education for the time. in the legal field as the result of Te Law School today continues business law classes taught by two One of the Attorneys General with to provide that basic, solid, good wonderful teachers, graduates of the whom VandeWalle served was education. But, it is superior to the one I received, particularly in clinical education, additional course “I believe the quality of the bar and bench is offerings, law school programs and good...due in great part to the UND Law School internships and externships. Legal education today is considerably and its influence in the state.” more sophisticated than it was when I attended law school but UND has UND Law School. Te then Dean Allen I. Olson, who went on to kept pace and now provides these of the Law School, Dean [Olaf. H.] serve as Governor of North Dakota additional educational experiences Tormodsgard, convinced me to from 1981 to 1984. Comparing which were not part of law school take a one-year appointment to the the Jerry VandeWalle whom he when I attended.” office of the North Dakota Attorney knew as a student at UND in the General when I graduated. I always 1950s to the person with whom he Te North Dakota values that are had an interest in government, served in the Attorney General’s emphasized in our law school – much to my father’s dismay, and office beginning in 1973, Governor hard work, integrity, responsibility, my high school superintendent and Olson stated, “My first impression professionalism – help to shape the UND political science teachers then hasn’t changed much over practice of law in a positive way. “I and law school professors honed the years. He remains a kind, a believe the quality of the bar and that interest. I doubt I would have scholarly, a thoughtful man who the bench is good,” VandeWalle has become a lawyer or entered public cares first about family, friends and said, “and that is due, in great part, service without those teachers’ and community and then about his to the UND Law School and its professors’ ability to stimulate my state, nation and beyond. Defining influence in the state.” interest.” these personal commitments has been his respect for the rule of A Career of Service – Te one-year appointment to North Dakota and the law and its fair and reasonable encouraged by Dean Tormodsgard application.” Nation turned into twenty years in the VandeWalle’s thirty-one year Chief Justice VandeWalle is a Attorney General’s office, starting judicial career began with his native of Noonan, North Dakota. as a Special Assistant Attorney appointment by Governor Arthur A. Prior to law school, he earned a General to Attorney General Leslie Link to the North Dakota Supreme bachelor’s degree from the UND R. Burgum in 1958, and rising Court in August 1978. Less than business school. He attributes his to the position of First Assistant three months later, he was elected to interest in law and in public service Attorney General for his last three fill the remainder of that unexpired to the faculty who taught him at years. At various times during term. He has subsequently been UND. “I had never thought of VandeWalle’s service in the AG’s re-elected to ten-year terms in 1984, being a lawyer until after I entered office, his responsibilities included

6 N O R T H DAKOT A LA W 1994, and 2004. He has served as Chief Justice since 1993, being re-elected to that post three times following his initial election as Chief. Te recognition of Chief Justice VandeWalle’s leadership ability extends well beyond the borders of North Dakota. He has served as President of the Conference of Chief Justices and as Chair of the National Center for State Courts. In both of those organizations, he has been a strong advocate of ensuring the administration of justice through a healthy and independent “Te door to judicial system. this law school He has also been actively engaged with legal education and entry into the legal profession, serving as Chair of the Council of the American Bar opens the door Association Section of Legal Education and Admissions to the Bar in 2001 to many oppor- and 2002. Erica Moeser, the Executive Director of the National Conference of Bar Examiners, describes his role on the Council as bringing “superb tunities.” diplomatic skills to a fractious body at a very difficult time in its history. He was very effective in carrying out the mission. In all of his national activities he was and remains a great ambassador for North Dakota and he’s used his volunteer time and experience to bring home many ideas that have been useful to North Dakota.” His connection to contemporary legal education is Photo Above: Lecturing to first-year strengthened by his continued service on ABA accreditation site visit teams. students, Chief Justice VandeWalle often In spite of his busy schedule and the heavy demands of the site visit process, brings his expertise to the law school the Chief averages one accreditation visit to law schools every other year. classroom. The Importance of the UND School of Law to North Dakota Photo Above Left: The 1958 North Dakota Law Review staff (from left) John Michael As a nationally respected figure in educating and admitting lawyers to Nilles, faculty advisor Charles Crum, Armond Erickson, editor-in-chief Gerald VandeWalle, practice, Chief Justice VandeWalle is aware of the importance of legal and Cecil E. Reinke. education to the people of this state and convinced of the need for the quality of legal education at the UND School of Law to remain very high. He has noted on many occasions that most of the citizens of North Dakota are going to be served by lawyers who have been educated at UND. Explaining why it matters that North Dakota continue to support a good law school in this state, VandeWalle has said, “Over ninety percent of the lawyers

WINTER 2009 7 educational experiences and the involvement of the students and their interest in and the level of energy they bring to the law school is a close second and is nearly always tied to the quality of the faculty. Of course we look at bar passage rates and job placement statistics as well. But if a law school possesses the first characteristics, a good faculty and an energized student body, the bar passage rates and the job placement statistics naturally follow. An adequate physical facility and research capabilities are also significant characteristics.” Te road ahead for legal education is Photo: Chief Justice VandeWalle in his office working with law clerk Christopher Rausch. not without challenges, VandeWalle acknowledges. “Te cost of legal who actually reside in and practice bar, I believe the bar should have education, global issues, including law in North Dakota are graduates a substantial number of lawyers the global practice of law, keeping of the UND law school. Tey are who have been educated in North pace with developments in other the lawyers who handle the day- Dakota, been a part of and readily professions and disciplines, and to-day human interest legal issues understand the North Dakota the way education, including legal which confront our citizens and, ethos.” education, is delivered are just a while not ordinarily headline news, few of the challenges.” What will deeply affect the individual citizens Chief Justice’s VandeWalle’s years of it take to meet those challenges? and their families. Without a good experience in legal education around “Adequate financial and human law school in North Dakota I doubt the country gives him a keen insight resources and the will and ability of we would have enough lawyers into the characteristics of a high the administration and faculty to moving to the state or returning to quality law school. face and keep abreast of the changes the state after having attended law “Undoubtedly, in my experience,” which create the challenges.” school out of state to provide those he believes, “a solid, relatively stable Looking at legal education today, legal services. In addition, while but energetic faculty under an nationally and at UND, he is graduates of other law schools who enlightened administration is the enthusiastic and optimistic. “It is are practicing in the state are fine number one characteristic. Te an exciting time!” lawyers and add diversity to the clinical education programs, other

8 N O R T H DAKOT A LA W UND SCHOOL OF LAW MAKING A DIFFERENCE IN NORTH DAKOTA

by Paul LeBel & Kathryn Rand

Our law school draws students and faculty from across School of Law faculty and staff take very seriously. the country and around the globe. Our graduates are Te legal education our students receive must serve well prepared to pursue careers in private practice, them throughout careers that span forty years or more, business, and public service from coast to coast. Along and prepare them to anticipate and meet the dynamic with this national reach is the firm recognition that we needs and challenges of an increasingly complex are North Dakota’s law school. society. During their three years at the UND School of Law, we provide our students with a formative and Nearly two-thirds of the Class of 2011 entered law foundational educational experience. We instill what school in August 2008 as North Dakota residents. Becky Tiem identified as “North Dakota values” of More than one-half of our graduates remain in North professionalism, ethical practice, and public service in Dakota for their first law-related employment. UND our students, while teaching them to “think, challenge, graduates constitute an overwhelming majority of the speak, organize, and write” – skills that, as Lauris bench and the bar in this state, and occupy important Molbert explained, are necessary tools for success in any positions in the private sector and in public service. professional path. Te legal education we provide at UND has an impact Our goal in educating the legal professionals who on not only the students who enroll, but also the will continue to impact the future of North Dakota literally hundreds of thousands of North Dakotans is this: we want to produce clear thinkers who can be affected by the professional paths of our graduates in professional and effective problem solvers in complex private practice, in government, in business – in short, practice settings. in nearly every walk of life in the state. To meet that goal in a dynamic and changing society, Chief Justice VandeWalle’s half-century of public the UND School of Law has to be dynamic as well. service to North Dakota is an extraordinary example At UND, we give our students the tools to lead, not of the impact of just one UND-educated attorney on to just keep up. Our faculty and staff have the same the state. Many of our graduates make meaningful drive: we want North Dakota’s law school to be one contributions to what Justice VandeWalle called “the of the premier small public law schools in the country, think tank which drives our state, its economy and its one that provides an outstanding legal education to its enviable quality of life.” students and leads North Dakota’s legal professionals Te very real impact of our graduates on the future of in positively impacting our state, its economy, and the North Dakota is a significant responsibility that UND quality of life for all its citizens.

A note about the joint authorship of the introduction to this issue of NORTH DAKOTA LAW: Since 2004, Paul LeBel has served as Dean of the School of Law and Kathryn Rand has served as Associate Dean for Academic Aﬀairs & Research. UND President Robert Kelley has asked Dean LeBel to be the university’s Provost and Vice President for Academic Aﬀairs on an interim basis. While Dean LeBel is in the university administration, Associate Dean Rand will be Dean of the School of Law on an acting basis.

WINTER 2009 9 Lawyering Skills in North Dakota Business

Te critical thinking and problem solving abilities Lisa Wheeler, President of Te Title Company, the that are developed during the three years of law school oldest and largest title company in the Fargo-Moorhead help to equip graduates of the UND School of Law for area, indicates that she took a less deliberate route into successful careers in the private sector. Across the state, the world of business. “It was pure luck that landed me law school alumni use their talent in important roles in where I am. I never contemplated a business career. I business and industry. took a job examining titles for Te Title Company. When its previous owner decided to sell,” Wheeler says, Chief Justice Gerald W. VandeWalle has captured the “I bought it.” significance of this segment of our alumni population. “Not all UND law graduates are in the active practice A legal education is one of the factors Molbert cites of law; many of them have established highly successful as valuable to a business career. “First and most business in the state and are truly community and state importantly, my legal education taught me to think, leaders. Tey often are part of the think tank which challenge, speak, organize, and write. Of these, drives our state, its economy and its enviable quality perhaps the most important is the method of thinking of life.” – challenging the status quo and examining every nuance. Like law, the business world is very dynamic. Lauris Molbert graduated from law school in 1983 and Memorization skills are helpful, but more important are practiced creditor rights law with the Conmy & Feste the skills you learn in law school to understand, impact, firm in Fargo. In that role, he worked on hundreds of and participate in the always evolving conditions, troubled business loans in his short career. Molbert whether this is a legal or business condition.” went into the business world as President of Varistar Corporation in 1995, and has been Executive Vice Molbert has had an opportunity to participate in the President and Chief Operating Officer of the highly economic development of our state and region as Chair diversified Otter Tail Corporation since 2002. Te move from practice to the corporate world was, for Molbert, “a combination of luck, type of practice (high quality clients and exposure to quality legal issues), and the pursuit of a goal.” Lauris’s father, Ralph, had practiced law after graduating from UND in 1941, and ended up as a business person owning his own business. “I started the practice of law with this same goal. I never envisioned remaining a practicing lawyer for my entire career. So I guess my conversion to business was not accidental but purposeful. When I accepted an offer from one of my clients, it was a natural Photo: Lauris Molbert, (center) Executive Vice President and Chief Operating Officer for progression for me.”

10 N O R T H DAKOT A LA W Tis is now a part of my fabric and helps me more “UND Law Grads are often effectively make, communicate, and act on business part of the think tank which decisions.” Te law school can now contribute even more directly to the education of graduates for a career in business drives our state, its economy through a new J.D./M.B.A. joint degree program with the College of Business & Public Administration. and its enviable quality of life.” Jordan Schuetzle, who received his law degree in 2008, is the first of our graduates to pursue his M.B.A. under this program, which permits students to obtain both of the Board of the Greater Fargo Moorhead Economic degrees in four years. Following the first year of law Development Corporation. “In that role, I have been school, joint degree students will be enrolled in courses exposed to many of the challenges and opportunities in both schools, ensuring that they truly develop an to economic development in North Dakota and interdisciplinary perspective in law and business. northern Minnesota. One of the largest challenges is an adequate and educated workforce.” Te law school “I was accepted into several well ranked schools,” can contribute to meeting that challenge, Molbert said Schuetzle, “but after reviewing the educational believes. “Te law school offers an opportunity to and extracurricular opportunities available at UND, keep and attract young minds to our region – so long the access to professors and administration, the price as the law school provides a quality education at an point, and the program of study, the choice was easy: affordable price. Also, there are emerging high growth UND beat out all the other options.” For Schuetzle, technologies and businesses in our region, such as the interrelations between law and business were made embedded software technologies, vaccine development, plain by the joint degree program. Schuetzle drew upon and renewable or less carbon intensive energy. It seems his M.B.A. courses to give practical context to what he to me that there are unique legal issues/concerns that was learning in his law courses, and vice versa. “Te these new technologies exhibit or face. Te law school faculty at both schools went out of their way to try to could take a role in enhancing these industries by enhance my education, pushing me to learn more, and creating or assisting legal programs that address such occasionally calling on me as a resource for the class.” issues or concerns. Lastly, I have noted that higher education has struggled with how to commercialize While in law school, Schuetzle joined the Dakota the many ideas that are developed in a way that Venture Group (DVG), the nation’s only entirely provides the right reward and return to both the student-run angel investing fund. He soon was named commercial sponsor and the higher education entity. I Chair, and led the organization in developing a new, could envision a law school effort to help with the legal larger fund. Now, as an attorney with his own firm, framework for this to work well.” Schuetzle continues to work with DVG as a legal counselor, drawing on his hands-on experience in Molbert sees two types of contributions that a legal private equity investing as a student. UND’s joint education makes to the business world. “First, there degree program prepared Schuetzle to serve business would be the tactical contribution, which assists me clients in his law practice. “I am able to understand in spotting issues that may have legal implications and their businesses, unique circumstances, and challenges, a comfort in dealing with lawyers and legal issues. which allows me to provide ‘value added’ legal advice Second, and more importantly, it helps me in the way above and beyond what an attorney without an MBA I think and execute. My legal education helped with education could. It is a skill both I and my clients have how I think, challenge, speak, organize, and write. come to appreciate.”

WINTER 2009 11 UND Law - Serving the Public and Shaping State and Local Government

Graduates of the UND School of Law can be found at every level of state and local government in North Dakota. Like North Dakota, UND School of Law has a rich tradition of encouraging public service. The dedicated service of our alumni in the public sector is one of the most signiﬁcant contributions that the law school makes to the well-being of our citizens.

“Lawyers are uniquely trained and qualiﬁed” to serve in every level of government, said North Dakota Attorney General Wayne Stenehjem, “and it is the duty of the legal profession to encourage involvement in elected positions.” As Justice VandeWalle noted, UND law graduates have held and continue to hold leadership positions in each of the state’s three branches of government. The Judicial Branch UND law graduates form the core of North Dakota’s justice system: 4 out of 5 North Dakota Supreme Court Justices are graduates of UND School of Law, as are 36 of the 42 district judges throughout the state. Gail Hagerty, Chief Judge of the South Central Judicial District, became interested in public service while still in law school, and has pursued that interest throughout her career. “As a law student, I had the opportunity to intern in both the Grand Forks and Burleigh County State’s Attorneys oﬃces. Tat experience allowed me to discover an interest in trial work and criminal law. I had an opportunity to work in Bismarck during a legislative session, and learned

Photo: a great deal about the legislative process. Tose experiences, coupled with my academic work at

12 N O R T H DAKOT A LA W the UND School of Law, led me and challenging caseload. Te balanced the demands of being to seek a position as an assistant law school provides the resources a law student with her strong Burleigh County State’s Attorney. necessary to allow us to meet the commitment to serving the people I was later elected State’s Attorney demands we are facing.” of North Dakota through her term and then Burleigh County Judge.” in the House of Representatives The Legislative Branch for District 42. Dahl first ran Judge Hagerty is impressed with for the position during her final Trough the law school’s the quality of the lawyers she sees semester as an undergraduate Legislative Internship Program, in state government and appearing student at UND. “I have always students spend the spring semester before her court. “North Dakota had a natural interest in civics and of each biennial legislative session is very well served by attorneys the political process,” stated Dahl, of the North Dakota State who work in the executive branch “so I jumped at the opportunity to Legislature in Bismarck, working of government. Most of those run for an open seat.” Her active as interns with the Legislative attorneys were educated at the involvement in UND Student Council. Trough working with UND School of Law. Tey’re Government as well as the North various legislative committees competent and have honed their Dakota Student Association made on legislative issues, students skills with a legal education that the transition from representing have a chance to participate in suits them very well to practice students to representing residents one of the state’s most important in state government. I worked in the district an easy one. as an Assistant Attorney General governmental functions. after graduating from law school While she was serving her term as Stacey Dahl, a December and was very impressed with the a State Representative, Dahl was 2008 graduate of the School of Attorney General’s staff.” Te law accepted to the UND School of Law, participated in the State school’s preparation of lawyers Law. She embraced the daunting Legislature first-hand during law for private practice influences the challenge of undertaking the school – not as an intern, but judicial process as well. “Most demands of law school while as a State Representative. Dahl of the attorneys practicing in this responsibly fulfilling her duties to judicial district were educated at her constituents. “Law school has the UND School of Law. I’m been an invaluable asset in my role impressed with their legal abilities as a public servant,” said Dahl. and the practical skills they gained “Professors and other law school at the law school. Te law school activities continually challenge does a very good job of teaching students to make arguments research and writing skills . . . and on both sides of an issue. Te that makes my job much easier.” analytical, rigorous process I was challenged with in my classes Judge Hagerty sees the connection has helped me to ask tough between the law school and the questions and think through the multiple challenges facing the consequences of a piece of policy.” state. “A good judicial system is vital to a growing economy. Tat In her last semester of law school, means we need to have a good Dahl ran for re-election and pool of practicing attorneys and Photo: won. “I chose UND because of we, as a judicial system, have to be its strong tradition of academic prepared to deal with a growing while she was completing her law degree. excellence,” she said. “While

WINTER 2009 13 “UND law school can be proud that its extra eﬀorts have made a diﬀerence, both to its graduates and to the public they serve.” Wayne Stenehjem

here, I learned from professors University of North Dakota, I Like Dahl, Stenehjem took on the with degrees from prestigious developed a dream of attending obligations of public office while universities like Yale and the university’s law school,” related still in law school. “Te UND Harvard. Tey encouraged me to Rep. Pomeroy. “I remember to law school does an outstanding develop my leadership skills by this day the excitement I felt as my job of preparing and encouraging becoming involved with campus law school years began and look future lawyers for public service. organizations. UND turns out back fondly on the wide range of In my own case, that meant extra the best and brightest leaders both experiences encountered during attention to permit me, as a third- regionally and nationally. It’s an my years there.” year law student, to run for and exceptional school and I’m so subsequently serve as a member of proud to be a part of it.” Tough more than 25 years the state legislature.” Stenehjem have passed since his law school believes that “no other law school Tat sentiment is echoed by a graduation, the friendships formed in the country has seen as many more experienced legislator, U.S. during law school have proved of its current students and recent Congressman Earl Pomeroy lasting. “I continue to cross paths graduates enter public service in (D-ND), a 1979 graduate of the often with those I met in law that way.” UND School of Law. “During school and I enjoy our association my undergraduate years at the now more than ever. Te post- After two terms in the North law school pursuits of our class Dakota House of Representatives, have diverged significantly – from Stenehjem served in the state distinguished law practice to Senate for twenty years, holding the judiciary to business to the leadership positions throughout his priesthood and even Congress.” tenure. In 2000, he was elected as Te legal education Rep. Pomeroy the state’s 29th Attorney General, received at UND also has stood and has won re-election ever since. the test of time. “I have a strong As Attorney General, Stenehjem sense, however, that we all feel has made drug enforcement a similarly about three things: priority, including working to law school was well worth it, we enact and enforce legislation to continue to use what we learned curb methamphetamine use and there every single day, and we are addiction. He also launched very proud to be alumni of the law the state’s sex offender website, school of the University of North established the state’s “Do Not Dakota.” Call” list, and introduced an online program to help citizens The Executive Branch report identity theft. His work on behalf of North Dakotans has A dedicated and long-time public earned him numerous honors, servant, Attorney General Wayne including induction into the Stenehjem was born in Mohall, Scandinavian American Hall of Photo: North Dakota, and graduated Fame in 2007. graduate, delivers a lecture at the law school. from UND School of Law in 1977.

14 N O R T H DAKOT A LA W Photo: North Dakota Attorney General Wayne state for more than 30 years.

Stenehjem is a strong supporter of the law school’s developed and thought-out laws are important to long-standing legislative internship program, which create a regulatory scheme that creates certainty and gives law students “a front row seat to the lawmaking fairness while also encouraging incentives for growth process.” “Interns gain valuable experience,” explained and innovation.” Stenehjem, “but also provide critical assistance to A native of Souris, North Dakota, Bernstein has the legislative committees that otherwise would have served in an impressive array of roles in public service, no law-trained staff on hand during the committee including as an advisor to Governor Edward Schafer, hearing process.” Many former legislative interns as the student member on the North Dakota Board of have gone on to serve in public office after graduation, Higher Education, and as a law clerk to both North including Stenehjem’s own Chief Deputy, Tom Dakota Supreme Court Justice Dale V. Sandstrom Trenbeath. Indeed, most of the lawyers who work and U.S. Magistrate Judge Charles Miller. Bernstein in the state’s Attorney General office were educated earned his place as one of the Bismarck Tribune’s at UND, as are many of the attorneys serving in “Young Guns” in state leadership in 2007. other state agencies, from Insurance Commissioner Adam Hamm to Department of Corrections and Bernstein credits both North Dakota values and Rehabilitation Director Leann Bertsch. “I am UND School of Law for the many contributions of always impressed by the level of professionalism and UND-educated attorneys in state government. “I dedication to public service that has been instilled in believe being raised and educated in North Dakota students who attained their law degree and UND and creates a strong devotion to the state and a desire choose to use their talents in this important work,” to do what is best for the state and its future,” said said Stenehjem. Bernstein. “UND law school has been educating North Dakota’s citizens since 1899, and its UND law graduate Ryan Bernstein serves as Chief commitment to North Dakota’s legal field is reflected Legal Counsel and Policy Advisor to Governor in its professors and administrators.” Hoeven, a role that requires both legal acumen and the ability to appreciate the varying needs and perspectives Bernstein, too, noted the strong influence of UND of North Dakotans. Te critical thinking skills law graduates throughout state government. “UND’s developed in law school have served Bernstein well in legal education touches every branch of North his current position. “Attorneys plan an important Dakota’s government and heavily influences state role in North Dakota’s developing and diversifying government not only because of the number of UND economy,” explained Bernstein. “In forming sound attorneys serving in state government but because of public policy that fosters economic development, well their leadership in these roles.”

WINTER 2009 15 UND Law – Gateway to an Ethical Profession

Maintaining a healthy profession places heavy demands on its members. When the profession is largely self- regulated, as is ours, meeting those demands can be a vital service both to lawyers and to the public they serve. inﬂuences the regulation of the legal profession in North Dakota through the education that each student receives and in the leadership roles occupied by our graduates.

Photo: of Law graduate, is a member of the Board of Trustees of the National Conference of Bar Examiners.

16 N O R T H DAKOT A LA W “UND Law’s relationships with the bench and bar in this state are without equal anywhere else in the nation....” William Neumann, Executive Director, SBAND

Rebecca Tiem, a partner at Zuger, Kirmis, Smith in approach to legal education. A presentation at a Bismarck, recently completed 18 years on the North national seminar reported that after a comparison of Dakota Board of Law Examiners, with the last 13 “law students’ ethical thinking processes at both the as Chair. Reflecting on the role of the law school in start and the end of their law school careers” revealed preparing its graduates for the ethical practice of law, that “by the end of their law school career, the students’ Tiem said, “What I think stands out about the UND ethical thought processes were less complex – and more School of Law are the special relationships I developed unethical. Students were more apt to believe the end with the faculty and my fellow law students.” justified the means and/or to promote advocacy above everything.” Te relatively small size of the UND School of Law and its personalized approach to legal education Tiem contrasts those findings with her own education. provide an important foundation for the ethical “I don’t believe this was true of my legal training at practice of law. Students are treated as individuals UND. I never heard any faculty urge winning at all and important members of the law school community costs. It’s not a cut-throat sort of place.” Professionalism by faculty and staff, and are strongly encouraged to was an important part of Tiem’s legal education. “I interact with their classmates as colleagues rather than always felt there was an underpinning of right and competitors. “While the size of the law school is part wrong.” She attributes the emphasis on ethical behavior of it,” said Tiem, “I think the faculty is the biggest in part to the North Dakota character of the school. factor.” UND faculty set the tone for a cooperative and “It’s also where UND is situated. Tere is something to supportive learning environment, in which one student’s North Dakota nice and North Dakota values. People success need not come at another’s expense. As Tiem are generally not proud of doing something that is explained, “Te faculty are in Grand Forks, North Dakota because they like students and are focused on being good teachers. Teir goal was to make us better people – not teach us to win at all costs – either in the academic arena or later in the practice of law.” Tis fundamental educational goal shapes how UND graduates practice law in North Dakota and elsewhere. Tiem’s service on the North Dakota Board of Law Examiners has created opportunities for her to participate in bar admissions work on a national level. She is currently a member of the Board of Trustees of the National Conference of Bar Examiners, where she co-chairs the uniform bar committee and serves on the Multistate Bar Photo: Examination committee. Her national perspective the Oath of Professionalism to the Class of 2011 at a special session heightens her appreciation of the North Dakota

WWINTERINTER 2009 17 perceived as crossing ethical boundaries. And I think of the state, as well. For example, each year the Public that attitude permeated the law school.” Interest Law Student Association runs a free tax clinic to prepare tax returns for people qualifying under Seeing the three years of law school as the first three the Internal Revenue Service’s Volunteer Income Tax years of our students’ professional lives is a critical Assistance program. Students, through the Clinical part of the legal education at UND. “UND Law’s Education Program, are also involved in representing relationships with the bench and bar in this state are individuals in North without equal Dakota who are unable anywhere else to afford legal services. in the nation; they are a Tis year, the law school model for emphasized the necessity other states to of ethical practice and emulate and the special obligations envy,” said Bill of attorneys to serve Neumann, their communities executive on the first day of its director of orientation program for the State Bar new students. Led by Association of North Dakota Supreme North Dakota Court Justice Mary (SBAND). Muehlen Maring, Neumann each first-year student believes that recited a short oath today the school of professionalism to has even more underscore the fact impact on the that the students’ bench and professional careers bar. “Now it’s start on the first day also very much of law school. about what the law school is Rebecca Tiem doing today, its articulated the goal CLE offerings, of the law school and its ongoing in instilling a sense relationship with of professionalism the organized in our graduates: bar. SBAND “As long as the has a very close law school keeps and cooperative impressing on its relationship with students that being a UND Law, a relationship we value deeply and are very lawyer is more than a job – it is a profession – and by proud of,” said Neumann. example demonstrates that giving back with your time and talents is what makes this an honorable profession, While the law school is training North Dakota’s lawyers, its students will reap the enjoyment that comes from the school’s community of students, faculty, and staff volunteering for the good of our profession.” provides services to the attorneys, judges, and citizens

18 N O R T H DAKOT A LA W Faculty Scholarship: Enhancing Education for Future Generations

professions in numerous and diverse ways, through their teaching, scholarship, and professional service. This expertise adds to the educational experience and creates opportunities for our

won awards for excellence in teaching, professional and public service, scholarship, and student advising

entertainment law, oil and gas, and employment law

low-income housing, eyewitness identiﬁcation, national energy policy, sexual harassment claims, legal education, the laws of inheritance, tribal legal systems, professionalism in legal practice, researching North Dakota law, and gambling law and policy

articles, and excerpted in leading casebooks

local bar associations, as well as nationally and internationally

tribal regulators, and the community

of North Dakota, the Clinical Legal Education Association, the Legal Writing Institute, the International

WINTER 2009 19 Kirsten An African Marshall Plan: Bradley Dauphinais Changing U.S. Policy to Promote Myers the Rule of Law and Prevent “Teory of the Mass Atrocity in D.R. Congo, 32 “Community Case: Developing FORDHAM INTERNATIONAL Development and a Teme in Legal LAW JOURNAL Social Capital,” Writing,” presented presented at at the Istanbul Legal Skills Toward an International the American Bar Association Conference in Istanbul, Turkey Criminal Procedure: Due Process Affordable Housing and (2008) Aspirations and Limitations, 45 Community Development Law COLUMBIA JOURNAL OF Conference in Washington, DC “Toward a Legal Writing Pedagogy TRANSNATIONAL LAW 635 (2008) for East Africa: Building Lawyering (2007) Skills and Building Nations,” presented at the Global Legal Skills Patti She has used her work to develop Conference in Monterrey, Mexico Alleva training for federal judges, and, (2008) with Chief Magistrate Judge Professor Patti Karen Klein, led two presentations A Tripartite Solution to Eyewitness Alleva, the at the Federal Judicial Center Identification, 97 JOURNAL Rodney & National Workshops for U.S. OF CRIMINAL LAW & Betty Webb Magistrate Judges. She also CRIMINOLOGY 807 (2007) Professor of Law, practiced law recently presented her work on law (with Richard A. Wise & Martin A. in New York City before coming teaching, in collaboration with Safer) to UND in 1987. She teaches Professor Margaret Moore Jackson, Valuing and Nurturing Multiple civil procedure, federal courts, at the University of Washington Intelligences: A Paradigm Shift, 11 and advanced civil litigation, School of Law’s ground-breaking WASHINGTON & LEE RACE as well as Professional Visions: conference, Legal Education & ETHNIC ANCESTRY LAW Law, Literature, and the Role of at the Crossroads — Ideas to JOURNAL 1 (2005) Lawyers in the Social Order, a Accomplishments: Sharing New course she designed under the Ideas for an Integrated Curriculum. auspices of a Bush Teaching Te conference explored ideas Gregory S. Scholarship. Tis innovate course and innovations being put into Gordon uses novels, short stories, and place at law schools around the films to explore the special role country to make graduates more “Bringing Human of lawyers and law in society and “client-ready” without sacrificing Rights Home,” the dilemmas that lawyers face their conceptual grounding in presented at in developing their professional legal theory. Professors Alleva Mykolas Romeris identities and exercising their and Jackson’s conference segment, University in Vilnius, Lithuania professional judgment. Professor titled, “Implementing Carnegie (2008) Alleva is an award-winning and Best Practices at Smaller teacher, twice honored with the State Schools: Preliminary From Incitement to Indictment? University’s Lydia and Arthur Ideas for Integrated Learning Prosecuting Iran’s President for Saiki Prize for Excellence in opportunities and Extended Advocating Israel’s Destruction and Graduate/Professional Teaching. Lessons in Professionalism,” Piecing Together Incitement Law’s offered ideas about how a law Emerging Analytical Framework, 98 Professor Alleva’s recent work school might introduce incremental, JOURNAL OF CRIMINAL LAW focuses on examining judicial but significant, changes to the & CRIMINOLOGY (forthcoming decisionmaking, as well as on traditional educational experience. 2008) the pedagogy of professionalism.

20 N O R T H DAKOT A LA W Te New North Dakota Slayer Statute: Does It Cause a Criminal Joshua Renewable Portfolio Standard Forfeiture?, 83 NORTH DAKOTA Fershee on the U.S. Energy Industry,” is LAW REVIEW 997 (2007) A new member featured in the current issue of the Energy Law Journal, the preeminent Te Low-Income Housing Tax of the School of Law faculty, journal on energy law, and will Credit: A Proposal to Address IRS be excerpted in a forthcoming Concerns Regarding Non-Profit/ Professor Joshua Fershee began casebook, Climate Change and the For-Profit Partnerships, 60 TAX Law. Professor Fershee also has LAWYER 415 (2007) his legal career with Davis Polk & Wardwell in New York City, published articles on energy law where he represented clients in and policy in the Harvard Journal Kathryn R.L. corporate and litigation matters on Legislation and the Wyoming Rand including mergers and acquisitions, Law Review. Tis year, he has derivatives transactions, and been invited to present at Lewis INDIAN and Clark Law School on a legal GAMING LAW: securities regulation. He then joined the energy practice group at framework for achieving carbon CASES AND neutrality and at Cumberland MATERIALS Hogan & Hartson in Washington, D.C., where he represented energy Law School on energy and (Durham, NC: Carolina Academic transportation. He also is working Press, 2008) (with Steven Light) clients in matters before state and federal regulators, analyzed state on research related to fuel source Statement Before the United States and federal legislation, and advised changes and federal energy policy. Senate Committee on Indian clients on mergers and acquisitions, Professor Fershee serves on the Affairs, Oversight Hearing Before climate change issues, and ABA’s Section of Environment, the Committee on Indian Affairs renewable portfolio standards. Energy, and Resources, as well as on the National Indian Gaming Professor Fershee has been called a the Energy Bar Association and Commission, U.S. Senate, 110th the Rocky Mountain Mineral Law Cong., 2nd Sess., (Apr. 17, 2008) “rising star among legal academics who study energy policy,” and has Foundation. At the School of Law, “Moral Policymaking and Indian the expertise and scholarship to Professor Fershee teaches Energy Gaming: Negotiating a Different prove it. His most recent article, Law and Policy, as well as Labor and Terrain,” presented at the Boisi “Changing Resources, Changing Employment Relations and Business Center for Religion and American Market: Te Impact of a National Associations I & II. Public Life Symposium on Gambling and the American Moral Landscape at Boston College in James Compared When? Teaching Indian Boston, MA (2007) (with Steven Grijalva Law in the Standard Curriculum, Light) 82 NORTH DAKOTA LAW REVIEW 697 (2006) Caught in the Middle: How State U.S. Fulbright Politics, State Law and State Courts Scholar, Te Tribal Sovereign as Citizen: Constrain Tribal Influence Over Research Chair Protecting Indian Country Health Indian Gaming, 90 MARQUETTE in Aboriginal and Welfare Trough Federal LAW REVIEW 971 (2007) Legal and Resource Rights at the Environmental Citizen Suits, 12 University of Alberta (Spring 2009) MICHIGAN JOURNAL OF How Congress Can and Should RACE AND LAW 33 (2006) “Fix” the Indian Gaming CLOSING THE CIRCLE: Regulatory Act: Recommendations ENVIRONMENTAL JUSTICE Te Origin of EPA’s Indian for Law and Policy Reform, 13 IN INDIAN COUNTRY Program, 15 KANSAS JOURNAL VIRGINIA JOURNAL OF (Durham, NC: Carolina Academic OF LAW AND PUBLIC POLICY SOCIAL POLICY AND LAW 396 Press, 2008) 191 (2006) (2006) (with Steven Light)

WINTER 2009 21 EXPLORING INITIATIVE Margaret aspects of litigation practice. AND REFERENDUM LAW: Moore Working under the supervision of SELECTED STATE RESEARCH Jackson Clinic faculty, students maintain GUIDES (M.E. Williams, ed., responsibility for all aspects of the Haworth Information Press 2007) After eleven years cases and matters to which they A Guide to North Dakota of practicing law are assigned, from initial client Prestatehood Legal Materials, in Grand Forks screening through to ﬁnal case in PRESTATEHOOD LEGAL and northern California, Professor resolution. Students gain valuable, MATERIALS: A RESEARCH Margaret Moore Jackson joined hands-on experience in navigating GUIDE TO THE FIFTY STATES the UND School of Law faculty the professional and practical (Chiorazzi & Most, eds., Haworth in 2003 to teach in the Clinical aspects of litigation. Education Program. Information Press 2005) Professor Jackson’s work in the Eric E. In the Clinical Legal Education Clinic dovetails with her expertise Program, students study law and in the area of employment Johnson lawyering in the context of real discrimination. She has published litigation, gaining critical skills “Copysquare articles on sexual harassment law and Konomark: in communication, problem- in the Cardozo Journal of Law and solving, strategy, and persuasion New Ways to Be Gender, the William Mitchell Law Friendly with Your that prepare them to address the Review, and the North Dakota Law multidimensional needs of clients. Intellectual Property,” presented at Review. A member of the national the iCommons Interdisciplinary Law students represent plaintiﬀs in Board of Directors of the Clinical a wide variety of federal and state Research Workshop on Free Culture Legal Education Association in Sapporo, Japan (2008) court cases and administrative (CLEA) as well as CLEA’s proceedings. Taking students from Implementation Committee for “Copysquare: Rethinking Sharing theory to real-life representation Best Practices for Legal Education, Licenses in the entertainment of clients requires and intensive she also writes and lectures Media,” presented at Cardozo Law learning experience. Live client on clinical teaching and legal School in New York, NY (2008) representation is combined with education. In 2007, she helped classroom seminars, in-class case found the Randy H. Lee Chapter Rethinking Sharing Licenses for rounds and presentations, weekly of the American Inns of Court Entertainment Media, CARDOZO case team meetings, and group and also was honored with a ARTS & ENTERTAINMENT and individual simulations, which Community Service Award from LAW JOURNAL (forthcoming prepare Clinic students to engage the State Bar Association of North 2008) in the substantive and procedural Dakota. Calibrating Patent Lifetimes, 22 SANTA CLARA COMPUTER AND HIGH TECHNOLOGY Rhonda “Citizens as Lawmakers: Initiative LAW JOURNAL 269 (2006) Schwartz and Referendum Research in MAALL States,” presented at the William P. North Dakota Mid-American Association of State Practice Law Libraries Annual Meeting in Johnson Materials: Lincoln, NE (2007) A Selective “Selling Goods Annotated Bibliography, in Powers Reserved to the People: A in the European American Association of Law Guide to Researching Initiatives and Union: Managing Libraries State Practice Materials Referendums in North Dakota, 26 Distribution (F.G. Houdek, ed., Wm. S. Hein & LEGAL REFERENCE SERVICES Networks,” presented at the UND Co. 2008) QUARTERLY (2007), and in Homecoming CLE in Grand Forks, ND (2008)

2222 N O RR TT HH DAKODAKOTT AA LLAA W Competition Law and Distribution “Clickers for Conversation,” poster Paul A. in East Asia, FRANCHISING session presented at the Association LeBel BUSINESS & LAW ALERT of American Law Schools Annual Giving Voice to (2007) Meeting’s New Law Professors Anger: Te Role of Section in New York, NY (2007) the Lawyer in Te Katharine Kendra Sweet Hereafter, Traylor in SCREENING Schaffzin Fershee JUSTICE – THE CINEMA OF LAW: SIGNIFICANT FILMS OF Eyes Wide “History of the LAW, ORDER, AND SOCIAL Shut: How Legal Writing JUSTICE (Strickland, Foster & Ignorance of the Institute,” Banks, eds., William S. Hein Co., Common Interest Doctrine Can presented at the 2006) Compromise Informed Consent, 42 Legal Writing Institute Biennial UNIVERSITY OF MICHIGAN Conference in Indianapolis, IN Size Matters, 38 UNIVERSITY JOURNAL OF LAW REFORM (2008) (with Kirsten Dauphinais) OF TOLEDO LAW REVIEW 557 (forthcoming 2008) (2007) (Symposium: Leadership in “Hey, Here’s My Memo :)/ Legal Education) Deference to a Hearing Writing E-mail Professionally in Panel? Emerging Trends in Legal Practice,” presented at the Tribute to a Consummate the Disciplinary Decisions of Rocky Mountain Legal Writing Professional, 81 NORTH DAKOTA the Supreme Court of North Conference at the University of LAW REVIEW 429 (2005) Dakota-2004-2007, 83 NORTH Utah in Salt Lake City, UT (2008) DAKOTA LAW REVIEW 887 (2008)

Keith 1930s-era model constitution under University, and at the annual Richotte the federal Indian Reorganization meeting of the American Society Act (IRA). Professor Richotte’s for Ethnohistory in Oklahoma. He One of the interdisciplinary research on the also has published in the area of School of Law’s constitutional history of the Turtle tribal justice systems. At the School newest Assistant Mountain Band of Chippewa of Law, Professor Richotte teaches Professors, Keith Indians reveals that the tribe Federal Indian Law, American Richotte, Jr. hails from Grand engaged in a long history of tribal Indians and American Law, and Forks and is an enrolled member constitutionalism prior to the Jurisprudence. of the Turtle Mountain Band IRA and the tribal citizenry were of Chippewa Indians. Professor active participants in determining Tough increasingly recognized for Richotte received his J.D. from the the fate of their government. He his expertise in tribal law, Professor University of Minnesota in 2004, contends that examining tribal Richotte may be most notorious for his LL.M. from the University constitutionalism can lead to greater his book, My Least Favorite Team is of Arizona in 2007, and will understanding of federal and state My Favorite Team: My Love/Hate complete his Ph.D. this year in the constitution-making in the U.S., as Relationship with the Vikings. As he American Studies program from well as international constitutions. tells it, “I wrote this book about the the University of Minnesota. His Minnesota Vikings because I realized dissertation, “‘We the Indians of Professor Richotte has presented his that I had a problem. I had to admit the Turtle Mountain Reservation’: research on tribal constitutionalism to myself that I was addicted to Rethinking Constitutionalism in at the University of North Dakota, the Minnesota Vikings.” Professor Native America,” questions the the University of Minnesota, Richotte still watches the Vikings conventional account of tribal the University of Georgia, the every fall Sunday with the hope that constitutions as stemming from University of Iowa, Indiana this could be the year.

WINTER 2009 23 Thanks To You. . . The pictures below represent law school activities made possible with your generous support

1 The Jack Marcil scholarship is one of several supported by generous donations from alumni and friends. Jack is pictured with

2 Annual support has led to the creation of 2 a series of “distinguished” programs to bring the nations top judges, attorneys and scholars for an extended visit to share their 1 expertise with the law school community.

3 3 Annual giving support has allowed our students to become more active in regional and national moot court and trial team competitions. Last year, our trial team competed at the national competition in Austin, Texas.

5 The Molbert Room, created with a generous gift from the family of Ralph Molbert, ‘41, is a state-of-the art classroom equipped with hi-tech instructional technology and provides a more conducive learning environment for our students. Other groups, including the Judicial Institute for North Dakota judges, (pictured here) have enjoyed the beneﬁts of holding their sessions in the Molbert Room.

4 Each year, special dedicated lectures such as the Mart Vogel Lecture on Professionalism and the 4 Oscar and Amelia Fode Memorial Law Lecture bring national and international law experts to the school. James Moliterno was the inaugural Vogel lecture speaker. Members of the Vogel family are pictured in the foreground.

24 N O R T H DAKOT A LA W Thanks To You. . . The pictures below represent law school activities made possible with your generous support

6 Our alumni and friends give back in many 6 ways, including giving of their time and talent. The mentorship program brings our students together with current attorneys in formal and informal settings.

7 Judge Jim Carrigan, through an endowment he established, sponsors an annual in house trial advocacy competition. He is directly involved in the competition by returning to campus to judge the ﬁnal argument.

8 Each year gifts to the law library help enhance the resources available to students. Jim and Jean O’Grady recently created a special collection of Tort law publications in honor of Jim’s 8 parents Lowell and Virginia.

WINTER 2009 25 LAW SCHOOL

The life of our law school is dramatically enhanced by the generous support of our alumni and friends. Every gift, no matter the size, makes a big difference in our ability to provide a rewarding educational experience for our students. The following is a list of people who have made a gift to the UND School of Law between July 1, 2006 through December 31, 2008. Our sincere thanks to all for your support - you have made a difference!

Eric J Aafedt Eric P Baumann Jo Bullis Theodore K Abe (dec) Kenneth L Beach John D Bullis Robert L Alderman Wade J Burke Delta Theta Phi Foundation Inc Melissa H Burkland William E Bergman Judy L DeMers Lorrie L Bescheinen David M Derragon Marc A Bickford Carol Beth Bye Col Allan L Detert Gene W Allen F Douglas Birdzell Bernadette Campbell Gregory G Deutsch Thomas H Allison Mary K Birkeland Craig R Campbell Judith R Dickinson William E Almlie Donald T Campbell Corinne “Queenie” A Alphson Heather L Blackburn American Board-Trial Advocates Mae Marie Blackmore Michael A Campbell Fintan L Dooley Debra L Anderson Esther Blecha (dec) Michelle Blumhagen Harris A Anderson Eugene P Bogner (dec) Bruce H Carlson Wayne D Bohn Jonathan H P Anderson Lowell T Anderson Lisa N Borgen Daniel J Dunn Brett L Bornsen John P Dunn Jane L Dynes Patricia L Bossert Rodney E Edwards Leroy P Anseth Wes Argue A Fred Arnason Allen M Brabender 2007 Commencement Committee Michael J Elwood M Elaine Ayers Kim E Brandell Richard H Elwood Gerald I Brask Jr Mark E Engelstad Marvin R Braun Bruce J Conyne Robert J Bredesen Lynn E Crooks Crothers Bradley A Cruff Charles D Evans Carolyn M Brown Julie A Evans James A Dahl John L Ballard Rodney A Danielson Denise M D’Asto Vince H Ficek John M Bugliosi Kenneth A Fish

26 N O R T H DAKOT A LA W Clifford C Grosz Joan R Holum R Jon Fitzner John P Grosz Dolores O Holwell Noreen M Fitzpatrick Michael P Grover James A Hope John J Kadlic Gregory B Gullickson Carol Hovdestad Gary D Kanwischer Richard J Forest Richard L Hagar Charlotte G Hovet, MD John Kapsner Burke M Halldorson Peter E Karlsson Mark G Fraase Fleurette Halpern (dec) Judith E Howard Janel C Frank Peter Anderson Janel Brudvik Fredericksen Thomas L Hamlin The Honorable Maurice R Hunke Robert E Kearney III Barb Hangsleben Gerald W Hunt Barbara R Hanson Nancy K Kelly Lois Hanson Douglas C Ikelman Michael C Jackman James V Jackson Ada McLellan Haraldson Jennifer R Jacobs Nancy J Jamison Keogh Law Office Thomas L Geatz Bruce B Haskell The Honorable Jon R Kerian (dec) M Richard Geiger David N Hass Bruce D Johnson Kristi A Heckelman Matthew A Kipp The Honorable H F Gierke, III Janis L Heckroth Blake A Klein Kenneth L Gilchrist MaryBeth Hegstad Bruce Q Gjovig F Patricia Herbel Mary Kay Klein Kristine C Goddard-Anderson Karla Herzig Karen J Johnson William G Heth Mildred L Johnson Paul R Johnson Daniel W Klossner Dr Phyllis E Johnson John C Golden William A Hill Harvey L Knauss Ronald E Goodman Faith A Knight The Honorable Benny Terry W Knoepfle Dr Frederick R Hodosh Johnson Law Office PC Gregory E Knoke Christopher Greenberg Nancy K Hoff Tanya M Johnson-Martinez Dann E Greenwood Kari M Knudson Frank J Kosanda John D Kosanda

WINTER 2009 27 Daryl J Kosiak Julie A Krabbenhoft Gary L Maddock Roger J Minch Gregory A Olson Karen K Kringlie Eric P Molberg Harry L Malloy (dec) Lisa O’Neill Arvid C Malnaa Robert Orr Bruce M Larsen William R Monson Michele M Lawonn Kathleen E Page David Maring Douglas W Murch John M Parr Gary H Lee Bradley W Parrish Paula H Lee Legal Education Fund, Inc Gary L Myers Eldore Leier Penny L Miller Alison G Myhra Jennifer Mattson Dick Charles Perkins Nancy G Maxwell Gerard D Neil Bradley D Peterson Mary R Lenaburg H Jeffrey Peterson Nelson Julie A Peterson Alan L Lerberg Lisa K Fair McEvers Teri L Petitt The Honorable William A Neumann Jay R Petterson Deborah Fohr Levchak Dobrovolny Gale C Nicholson James E Nicolai Matthew T Piper Ellen R McKinnon H Malcolm Pippin Lola Lewandowski Jeanne L McLean Elsie Pitsenbarger Deborah A Lewis Paul J Noah DeAnn M Pladson William W McLees, Jr North Dakota Bar Foundation Duane A Lillehaug North Dakota Community William H Powell Foundation J Timothy Price Jaymes D Littlejohn Teresa Joppa Norwig Robert F Purdy James A Lodoen Telly J Meier Yvonne M Novak Diane F Melbye Frank L Racek Mark B Rasmuson The Honorable H L Meschke Melissa R Meyers Leatrice A O’Keefe Tracy J Lyson LaVerne F Michalak Mark A Raymond

28 N O R T H DAKOT A LA W Bernard J Reeck (dec) Judge Gordon C Thompson Robert W Thompson Trudy Thompson Anthony J Weiler Kent A Reierson Roland B Weiss Paul R Thorwaldsen Craig R Welken Peter D Welte Paul F Richard Merle A Torkelson Robert E Westbee Darrin J Rodgers Lester J Trnka McDonnell, MD Francis C Rohrich Thomas M Tuntland Lisa J Wheeler Brian K Rokke Clarence M Tupa Henry F Rompage John J Tupa Elizabeth F White Jeffrey P Rude William J Holland Foundation Michael J Williams Margaret A Russell John P Van Grinsven, III Kimberly A Johnson Rustad The Honorable G W VandeWalle Kristin J Veitch Col Pedar C Wold G Marc Worthy Joseph R Vetsch David H Vigeland James O Wright, III LaDonne R Vik NorthDakota Leo F Vipond Vanessa O Taylor Philip J Teigen

WINTER 2009 29 ALUMNI

Cynthia Rothe-Seeger, 1975 recently retired as judge of the East Central Judicial District. KEEP US POSTED Dakota. Keep us posted on things happening in your life. Maybe it is a new job, promotion, award or other Wickham “Wick” Corwin, 1976 happening. Send us your news by going to the web at: was formally installed as a judge of the East Central Judicial www.law.und.edu/alumni/update District on January 9, 2009, in Fargo, North Dakota. and fill out our on-line form. If you have any Presiding Judge Georgia Dawson gave Judge Corwin the questions or would like to have your photo oath. Corwin was an attorney at Comny Feste Ltd. in Fargo included you can e-mail a high resolution copy to from 1976-2008. [email protected] Dave F. Senger, 1979 The award is limited to less than 7% of all wealth managers within the Twin Cities area. 1960s Wealth managers are rated by their clients Martin J. Wall, 1967 and other financial service professionals on service, integrity, is the senior and a founding partner in the 14 attorney firm of knowledge, communications, value for fees charged, meeting financial objectives, and overall client satisfaction. Dave is a certified specialist in California workers’ compensation and has specialized in the representation of employers preservation and estate planning practice areas, specializing and their insurance carriers in workers’ compensation- in business succession planning, complex estate and tax related matters, including subrogation matters in state planning techniques, and privately owned businesses. “This and federal courts. His firm represents various public and private businesses, including the County of Orange, Disney all know that Dave provides world class client service and WorldWide, the NFL and various cities and insurance carriers. always delivers the highest quality, value added work product and advice.” 1970s 1990s David Maring, 1974 Alex Reichert, 1996 “recognizes an individual who has demonstrated outstanding was named by Prairie Business magazine as one of the top 40 under 40 providing leadership on the plains. A few years after graduation, Alex launched his own law firm with and served on the Alumni Association’s Board of Directors locations in Grand Forks and Dickinson, North Dakota, and from 1993-2003. He served as President from 1999-2001 and Chair of the Board from 2001-2003. treasurer of the North Dakota Museum of Art and a founder of the Friends of Downtown in Grand Forks. John A. Herrick, 1975 Nicole Fredricks-Jackson, 1997 Group. He is working to further develop the sustainability as the Director of Alumni Relations. Prior to joining the law and clean technology practice area for the firm. school, she worked as an Assistant County Attorney for Morrison County and Dakota County in Minnesota.

30 N O R T H DAKOT A LA W Kathie (Garner) Wood, 1997 became the Administrative Director of the Connecticut Law Alumni Giving Time And Talent individual who retired after 30 years in the position. for Legislative Internship Class

Trent Mahler, 1999 announced he has opened Mahler Law Ofﬁce in Rutland, Eleven second- and third-year UND Law students North Dakota. are in Bismarck, North Dakota working a legislative internship. This year, an addition to the internship is a seminar style class focused on a wide variety 2000s alumni and friends have made a special commitment Ryan Bernstein, 2004 was presented the Horizon Award that “honors an individual who has achieved outstanding career accomplishments John Bjornson, 1988 Jodi Bjornson, 1996 Justice Daniel Crothers, 1982 Governor John Hoeven. After law school, Bernstein served Judge Gail Hagerty, 1978 Justice Carol Kapsner law school, Bernstein served as the student member on the Mary Kae Kelsch, 1996 North Dakota Board of Higher Education, and as an advisor Justice Mary Maring, 1975 Jack McDonald, 1970 Penny Miller, 1985 Zachary Pelham, 2004 Sherry Mills Moore, 1979 was named by Prairie Business magazine as one of the top Vonette Richter, 1993 Justice Dale Sandstrom, 1975 He is a member of the Bismarck/Mandan Chamber of Sandi Tabor, 1981 Commerce and Young Professional Network, is a Rotary Club Anita Thomas member and is part of a committee that conducts service Chief Justice Gerald VandeWalle, 1958 projects in Ecuador.

Assistant Dean Jeanne McLean said, “I want to say Alexandria K.F. Doolittle, 2004 a special thank you to all who have helped make this class a success. We couldn’t do it without the generous help of our alumni and friends.” providing pro bono legal services to Futurewise, formerly 1,000 Friends of Washington. Court’s role during the legislative session, joint Melissa H. Berkland, 2005 branch projects and how to do legal research on the Friedrich LLP as a member of the Litigation Practice Group. technology, lobbying, open meetings and records and workplace safety. The students also cover areas Jim Watts, 2006 such as family law legislation, uniform laws, appellate practice and science and the law. as an Attorney in the Major Projects Unit.

WINTER 2009 31 NON-PROFIT ORG PAID GRAND FORKS Grand Forks, ND 58202 Grand Forks, ND 58202-9003 Permit No. 10

LOOKING BACK Remembering professor Randy Lee and his connection to law in North Dakota. –Earl Warren

Professor Randy Lee passed away on March 3, 2005, at the age of 61. In thirty years on the law faculty, he taught a signiﬁcant percentage of the law alumni and remained a trusted advisor throughout their careers. His service to the state earned him the alumni and friends helped establish an endowment that provides generous scholarships for our students and for Professor Lee’s32 legacy N O R toT Hcontinue DAKO onT atA theLA school.W Annually, Randy’s wife Paula (pictured above) makes the scholarship presentation.