Alumni with a Passion for Policy Commencement 2003

FALL 2003

FACULTY ESSAY Decolonizing Federal Indian Country Criminal Justice

MINNESOTA STATE CAPITOL DEAN Alex M. Johnson, Jr.

EDITOR Te r ri Mische

EDITORIAL ASSISTANCE Mickelene G.Taylor

CONTRIBUTING WRITERS Cheryl Casey Jonathan Eoloff Burl Gilyard Ann Hagen Mary Heller Joel Hoekstra FALL 2003 Kay Johnson Contents Leonard Lindquist Marty Martin Fred Morrison 2 THE DEAN’S PERSPECTIVE Linda Shimmin Sara Van Norman Carl Warren 3 FACULTY FOCUS Kevin Washburn Faculty Research & Development Susan Wolf PHOTOGRAPHERS Dan Kieffer 6 FACULTY ESSAY Tim Rummelhoff Diane Walters Decolonizing Federal Indian Country Criminal Justice DESIGNER Jennifer Kaplan, Kevin Washburn Red Lime, LLC

The Law Alumni News magazine is published twice a year, by the 8 FEATURES University of Minnesota Law A Passion for Policy School Office of Alumni Relations. The magazine is one of the Joel Hoekstra projects funded through the membership dues of the Law Alumni Association. Commencement 2003 Correspondence should be addressed to the Editor, Office of Alumni Relations, University of 12 LAW SCHOOL NEWS Minnesota Law School, 229 19th Avenue South, Business Law Clinic Forges New Path Minneapolis, MN 55455-0444, or Professor Morrison Lectures in Kosovo send to [email protected]. Program Examined Civil Liberties The University of Minnesota is committed to the policy that all in Wake of 9/11 persons shall have equal access to its programs, facilities and employment without regard to race, col- or, creed, religion, national origin, 48 ALUMNI COMMONS sex, age, marital status, disability, Distinguished Alumni public assistance status, veteran status or sexual orientation. On Going Careers Legacies Class Notes Cover photo courtesy of Tim Rummelhoff. In Memoriam Dean’s Perspective reetings! As I begin my second year as Dean, allow me to share with you some recent developments at the Law School.This fall I welcomed our strongest and largest class ever when measured by undergraduate grade point average and LSAT score.We enrolled 281 students, with a median LSAT of 163 (90th per- g centile) and 75th percentile UGPA of 3.82. Over ten percent have post-baccalaureate degrees, including three with Ph. D.’s.The Class of 2006 comes to us from 33 states and our eight international students represent two foreign countries. Fifty-six percent of the class is male and 44 percent is female. Minority students com- prise 20 percent of the class.

We are currently remodeling our existing Clinic space per a previously approved and funded capital project request.This half-million dollar renovation will allow us to optimize the use of existing clinic space and integrate the vacated L.A.M.P.offices into our core clinical programs. I believe the remodeled space will provide us with the finest clinical space in the country.

Notwithstanding severe financial challenges produced by the $5 billion dollar state budget deficit that ultimately reduced the Law School’s operating budget for this fis- cal year by $1.4 million dollars taking our state support to a new low of 14 percent of our budget we have survived and indeed are thriving. Our recent placement in U.S. News and World Report as the 19th ranked Law School in the country is attributable to the efforts of our faculty, students, staff, and most important, our alumni who have continued to support us with their generous donations during these very tough economic times.That support is critical in this time of financial exigency to the maintenance of academic excellence at the Law School, and I am confident it will only continue and increase in the future.

During the past year I had the pleasure of meeting and visiting alumni in 17 cities. In DEAN ALEX M. JOHNSON, JR. addition to the out-of-town visits, I visited several major law firm in the Twin Cities to explain my vision for the Law School. I also visited the corporate headquarters of several fortune five hundred companies with large legal departments composed principally of our alumni. I also hosted several donor events in the Twin Cities including a reception for members of the Lockhart Club honoring our new University President, Robert Bruininks, a reception at Homecoming, an evening at the Bolshoi Ballet and a reception for our Board of Visitors at Eastcliff. Through these various events and visits I have met several hundred graduates and believe that I have a very good “feel” for our alumni and their level of support for the Law School. Suffice it to say, we have one of the more loyal and supportive alumni families in the country.

I have ambitious travel plans this year as well. I hope to visit 20 cities across the country in addition to several cities within Minnesota, to continue to share with you my vision of the Law School and to thank you for your continued support. If you receive notice that I will be in your city, I hope you take time from your busy schedule to meet with me and to learn personally what a difference your support makes. I especially encourage our more recent alumni to attend these events because even though more recent graduates may not think much has changed, things are changing quite rapidly and I believe you, especially, would benefit by these discussions and by meeting and learning from those alumni who preceded you.

I look forward to working with you to maintain our Tradition of Excellence. looked at comprehensively,” Orfield subject is a specialty that Ni Aolain has Myron Orfield says.“Finance, public services, housing, taught on a regular basis, along with and education—scholars are beginning other aspects of international law, at Joins Law School to pull these things together.” Likewise, the University of Ulster in her native n author, former state legis- public officials are making changes. Ireland.Additionally, in recent years, lator, and longtime adjunct she has served as a visiting academic at instructor, Myron Orfield Take schools, for instance.“Virtually Princeton, Hebrew University, Colum- this fall signed on as the every state has adopted revenue sharing bia Law School, and other institutions. Anewest member of the Law School’s for schools,” Orfield says. Counties and resident faculty. In addition to teaching local municipalities no longer foot the Teaching European Union law to a course in local government law and a full bill for education.“Nationwide, on American students has seminar in metropolitan development, average, about 60 percent of education its challenges.“Con- Orfield will serve as the director of the is paid for by state aid,” Orfield says. ceptually, it’s a big leap Institute on Race and Poverty, a posi- for American students tion left vacant with the departure of Orfield plans to breath new life into to understand why former Law School professor john a. the Race and Poverty Institute, a proj- states would give up powell in 2002. ect of the Law School that has suffered their sovereign power from dwindling funding in recent in a whole range of Orfield is perhaps best years. By increasing foundation support matters and cede that known as the author and grant funding, he hopes to increase to an independent of Metropolitics:A activity, bringing on more research supranational struc- Regional Agency for associates and initiating more studies ture,” Ni Aolain says. Community and Stabili- on problems affecting low-income “The idea challenges FIONNUALA ty, published by the populations and minority groups.The American students NI AOLAIN Brookings Institute in institute is currently updating a study who have grown up 1997. His study of on the economic status of African in a system that is fiercely protective of local government Americans and Latinos in the largest its own sovereign prerogatives.” structures and demo- U.S. cities, and a study on transporta- graphics in the Twin MYRON ORFIELD tion access and job availability is cur- Students’ views often shift, however, as Cities quickly became rently underway.“We’re rebuilding,” they study the formation of the Euro- a platform for wider says Orfield, who collaborated with pean Union and the outcomes of leg- examination of how cities and suburbs powell on several previous studies pro- islative and political initiatives. Supra- work together or spar over issues of duced by the institute. ♦ national entities involving both gov- common concern, including school ernmental and non-governmental funding, transportation, and affordable players—like the United Nations-- housing. Orfield has completed more emerge useful tools for advancing than 60 studies of various American Tw o Faculty national aims.“I think it’s useful for metropolitan areas, and serves as students to see that there are a whole Brookings Insitute fellow.A second Visit Law School range of levels where supranational book, American Metropolitics:The New cooperation and lawmaking works to Suburban Reality,was published in Fionnuala Ni Aolain the benefit of all states,” Ni Aolain says. 2002, and Orfield is working on third aving briefly served as a mem- book—an examination of the nation’s ber of the Law School’s Trained as a human rights lawyer, Ni 100 largest metropolitan regions. Hadjunct faculty last year, Fion- Aolain is currently a member of the nuala Ni Aolain returned to Minnesota Joint Committee of the Northern Ire- “More and more, questions that con- this fall as a visiting professor teaching land Human Rights Commission and cern cities and suburbs are being a course in European Union law.The the Irish Commission for Human

2 Law Alumni News ♦ FALL 2003 Faculty Focus

Rights.The 14-member panel is a Karkkainen, a Columbia Law School him a familiarity with regulations sur- quasi-judicial body that serves as an instructor who recently completed a rounding dumpsites and toxic chemi- independent advisor to the govern- year as a visiting faculty member at cals and “right to know” laws regarding ment regarding matters of human Boalt Hall School of Law in Berkeley, pollution.The experience piqued his rights, ranging from asylum legislation this fall joined the University of Min- interest in governmental issues sur- to police brutality allegations. Ni nesota Law School faculty as a visiting rounding environ- Aolain’s interest in human rights professor. He will teach courses in mental protections emerged in the 1980s, while she was environmental law and land use. and changes.“I sup- studying law in Belfast. Political tur- pose in my own moil and conflict made her increasing- “My interest really is in innovative work, I don’t draw a ly convinced that human rights could forms of environmental regulation,” sharp distinction serve as a neutral vehicle for all parties Karkkainen says.“My view is that the between policy and in problem-solving:“Rights didn’t regulations on the books [in the Unit- the law,” he says. His belong to one side or the other,” she ed States] have been fairly effective at interest extends to says.“They were integral to both solv- solving some comparatively easy prob- both legislation and ing the problem and respecting the lems in environmental law. But they implementation. dignity of the society that everyone may be reaching their limits in their operated in.” Karkkainen is joined BRADLEY ability to address more complex prob- KARKKAINEN lems of conserving and managing in Minnesota by his Ni Aolain is the author, with her hus- ecosystems.” Regulatory strategies for wife and two daugh- band, Law School professor Oren improving air and water quality, for ters. He also hopes to take advantage Gross, of the forthcoming book, example, have been largely piecemeal. of his visit to examine issues connected Law in Times of Crisis—Emergency Pow- Movement toward more holistic, inte- with the Mississippi River.“Minnesota ers in a Theoretical and Comparative Per- grated approaches have been slow in sits at a crucial strategic position—at spective, to be published by Cambridge the headwaters of one of the largest coming, Karkkainen says:“Even the University Press. rivers in the world and one of the E.P.A.seems to acknowledge that the most polluted rivers in the country. piecemeal approach tends to ignore That water is pretty clear when it synergies and deep ecological inter- leaves Lake Itasca, but by the time it connections.” Bradley Karkkainen leaves Minnesota, it has got all sorts of childhood spent amid the problems…Minnesota is a crucial labo- Prior to attending law school at Yale, forests and lakes of northern ratory for how we go about effecting AMichigan led to Bradley Karkkainen pursued graduate studies larger environmental management.” ♦ Karkkainen’s love of the outdoors. His in philosophy at Princeton and worked interest in legal matters, mingled with at several nonprofits in Chicago, By Burl Gilyard. Gilyard is a Minneapolis-based those environmental leanings, led to an Boston, and Washington, D.C. A job freelance writer and a 1992 graduate of the expertise in environmental law. with one of them, Citizen Action, gave University of Minnesota.

Visiting Scholar Professor William Sage, M.D., J.D. n Fall 2003, the Consortium on Law and Values in Health, Environment & the Life Sciences welcomed its first visiting scholar. Professor William Sage, MD, JD visited Minnesota from Columbia University. His visit was made possible by support from the Consortium and Joint Degree Pro- gram in Law, Health & the Life Sciences, Law School, School of Public Health, Carlson School i of Management, and Graduate School. William Sage is a Professor of Law at Columbia University’s School of Law. He earned his M.D. and J.D. at Stanford University. He was an intern at Mercy Hospital and Medical Center in San Diego, a resident in anesthesiology and critical care medicine at the Johns Hopkins Hospital, and an associate at O’Melveny & Myers in Los Angeles before joining the Columbia faculty in 1995. His current research and teaching focus on health law, regulatory theory, antitrust, and professional responsibility. His publi- WILLIAM SAGE cations include “Regulating through Information: Disclosure Laws and American Health Care,” Columbia Law Review (1999);“Physicians as Advocates,” Houston Law Review (1999);“The Lawyeriza- tion of Medicine,” Journal of Health Politics, Policy and Law (2001);“Antitrust, Health Care Quality, and the Courts,” Columbia Law Review (with Hammer, 2002); and “A Copernican View of Health Care Antitrust,” Law and Contemporary Problems (with Hammer, 2002). He is also the Principal Investigator of the Pew Charitable Trusts Project on Medical Liability in Pennsylvania (2002–04). He has been a visiting professor at the University of Pittsburgh’s Cen- ter for Bioethics/ Health Law, Duke University School of Law, University of Neuchatel, and Tokyo University.

Law Alumni News ♦ FALL 2003 3 Faculty R&D Faculty R&D Research and Development the Upper Midwest Employment Law BEVERLY BALOS Institute. Professor Befort has been Professor Balos participated in training appointed to the Gray, Plant, Mooty, newly appointed Minnesota judges on Mooty, & Bennett Professorship of the issue of domestic violence. In April Law and gave his inaugural chair lec- she delivered a presentation on inter- ture,“A New Voice for the Workplace,” national trafficking of women for sex- in April 2003. He also has been Representatives from Gray Plant ual exploitation at the annual meeting appointed as the Secretary of the Labor Mooty law firm who attended the of the Minnesota Women’s Consor- and Employment Section of the Amer- lecture are (left to right):Abigail tium. Professor Balos also trained ican Bar Association. Professor Befort Crouse (’01), Judith Langevin (’73), newly hired deputy sheriffs in Saint currently serves as the Law School’s Professor Befort (’74), Bruce Mooty Louis County on goals and effective Associate Dean for Academic Affairs. (’80), Dean Johnson, Michael P. responses to cross examination in Sullivan, Jr. (’96), and Mark Mathison. criminal domestic assault cases. She recently was appointed to the Hen- BRIAN BIX nepin County Family Violence Coor- Professor Bix presented “Some Reflec- On April 8, 2003, Professor dinating Council.The purpose of the tions on Methodology in Jurispru- Stephen Befort delivered “A Council is to promote effective and dence” for the conference,“Problems New Voice for the Workplace coordinated response to domestic vio- of Contemporary Legal Philosophy,” A Proposal for an American lence to reduce incidents of domestic held at UNAM, in Mexico City, in violence and promote victim safety. July. In October, he participated in a Works Council Act” on the University of Chicago Legal Forum occasion of his reappointment conference on “The Public and Private STEPHEN F.BEFORT to the Gray Plant Mooty Mooty Faces of Family Law,” presenting a & Bennett Professorship in Law. Professor Befort continues to be active paper on the public and private order- on a number of projects relating to ing of relationships and the definition Professor Befort is an authority labor and employment law. He recently of the family. Professor Bix is complet- on labor and employment published an article entitled “Revisit- ing a “Dictionary of Legal Theory,” law. He teaches labor law, ing the Black Hole of Workplace Reg- which will be published by Oxford ulation:A Historical and Comparative University Press. employment law, public Perspective of Contingent Work,” in employment,ADA in the the Berkeley Journal of Employment and workplace, civil practice clinic, Labor Law.He completed work on a ANN M. BURKHART and public interest law clinic. second edition of his Employment Law Professor Burkhart recently was named and Practice book published by West the first Curtis Bradbury Kellar Profes- He was appointed Associate Group which should appear in print sor of Law.This academic chair was Dean for Academic Affairs later this fall. He also completed work created to honor Curtis B. Kellar of in 2000. on two other law review articles: the Class of 1940.The Chair is award- “Reasonable Accommodation and ed to a professor whose teaching and Reassignment Under the Americans scholarship foster the qualities exempli- with Disabilities Act:Answers, Ques- fied by Mr. Kellar during his legal tions, and Suggested Solutions After career, including commitment to high U.S. Airways, Inc. v.Barnett,” which will standards and collegiality in the legal be published in the Arizona Law profession and an uncompromising Review,and “A New Voice for the integrity in client relationships. Profes- Workplace:A Proposal for an Ameri- sor Burkhart will deliver the inaugural can Works Councils Act,” which is cur- chair lecture in March.This fall, Profes- rently circulating for a publication sor Burkhart will publish the second home. In addition, Professor Befort has edition of her Property Law casebook, published a professional education arti- Fundamentals of Property Law.In cle entitled “Public Sector Update August, Houston Law Review published 2002–03” in Employment Law Hand- her article,“The Constitutional book 2003 and presented that paper at Underpinnings of Homelessness,”

4 Law Alumni News ♦ FALL 2003 which analyzes the reasons that the of Ineffective Assistance Claims: Some Professor Laura J. Cooper federal Constitution does not include a Disturbing Reflections on Massaro v. is the inaugural holder of the right to housing and advocates the United States,” will be published in a recognition of such a right in state symposium issue of the Brandeis Law J. Stewart & Mario Thomas constitutions. Journal. He contributed another paper, McClendon Professorship in “Terror and Tolerance:Criminal Justice Law and Alternative Dispute for the New Age of Anxiety,” to a Resolution. Professor Cooper BRAD CLARY symposium on post-9/11 criminal jus- Professor Clary has become President- tice issues for the inaugural issue of the gave her appointment lecture elect of the Association of Legal Writ- Ohio State Journal of Criminal Law. His entitled “The Process of ing Directors. Professor Clary contin- latest article,“Fundamental Retribu- Process: Developing Fair ues to serve on the governing council tion Error: Criminal Justice and the Procedure in Labor and of the Minnesota State Bar Association Social Psychology of Blame” is forth- Appellate Practice Section and on the coming in the Vanderbilt Law Review. Employment Arbitration” on Communications Skills Committee of He is currently working on a revision October 14, 2003. She is a the American Bar Association Section of the Perkins & Boyce criminal law distinguished scholar in the of Legal Education. In June, he was and procedure casebook. fields of labor law and moderator for the State Bar Associa- tion’s CLE panel on U.S. Supreme workplace dispute resolution. Court practice. His article “Thinking DANIEL A. FARBER She teaches courses in labor About Law School:The Big Picture” Professor Farber continued his work in law, labor arbitration, alternative environmental law, constitutional law, will be appearing in Volume 80 of the dispute resolution, civil University of Detroit Mercy Law Review and legal theory. He presented two this fall. Professor Clary, Sharon Reich environmental law papers in the late procedure and conflict of laws Paulsen and Michael Vanselow are spring & summer: a paper on the pre- and is known for innovations working on a second edition of their cautionary principle at University of in technology- and simulation- California, Davis and a paper about the Advocacy on Appeal text, scheduled for based pedagogy. publication by Thompson/West in constitutional implications of tradeable March, 2004. permits at University of California, Santa Barbara.Along with former Minnesota professor Philip Frickey and LAURA J. COOPER Yale professor Bill Eskridge, he pub- Professor Cooper has been appointed lished the third edition of their case- as the first J. Stewart and Mario book Cases and Materials on Constitu- Thomas McClendon Professor in Law tional Law:Themes For the Constitution’s and Alternative Dispute Resolution. In Third Century and the 2003 Supple- May she gave a talk in Chicago on ment to the casebook. Professor Farber grievance mediation at the Labor Arbi- published the sixth edition of Environ- trators Workshop of the Federal Medi- mental Law: Cases and Materials with ation and Conciliation Service. In June Professor Roger Findley and Jody she chaired the international confer- Freeman. He also became the third co- ence of the Labor Law Group at Alton, author on Modern Constitutional Theory: Ontario, Canada, and made a presenta- A Reader (5th ed.), published by West. Pictured are Dean Johnson,Mario tion there on labor and employment Other recent works include two arti- Thomas McClendon and J. law pedagogy. She has recently been cles with Professor Brett McDonnell Stewart McClendon (’40), the appointed as the Chair of the Legal on the limits of economic efficiency as Professorship donors, and Professor Affairs Committee of the National a goal in antitrust and intellectual Cooper. Academy of Arbitrators. property law; an article on justice between generations in environmental law, and a book chapter on McCulloch DONALD DRIPPS v. Maryland. Professor Dripps, the James Annenberg Levee Professor of Law and Criminal Procedure, published About Guilt and BARRY C. FELD Innocence:The Origins, Development, and Professor Feld received the Michael J. Future of Constitutional Criminal Proce- Hindelang Outstanding Book Award dure (Greenwood Press, 2003). He was from the American Society of Crimi- one of the participants at the Confer- nology for his recently published book ence on Criminal Procedure held at Bad Kids: Race and the Transformation of Washington & Lee Law School in May the Juvenile Court (Oxford University 2003; his paper,“Ineffective Litigation Press 1999). Last year, Bad Kids received

Law Alumni News ♦ FALL 2003 5 Faculty R&D

the Outstanding Book Award from the Intellectual Property,” that he had pre- Academy of Criminal Justice Sciences, sented at a the Minnesota Law Review’s the only book ever to receive such symposium on the interface between recognition from both of the national intellectual property law and antitrust professional criminology associations. law. Professor Gifford also published an Last Fall, he published Juvenile Justice article,“The Antitrust/Intellectual Administration in a NUTSHELL (West Property Interface:An Emerging Solu- 2002).This Spring, he authored the tion to an Intractable Problem,” in the 2003–2004 Supplement to his Cases Hofstra Law Review. He and Professor and Materials on Juvenile Justice Adminis- Robert Kudrle of the Humphrey Insti- tration (West 2000). His recent law tute have written an article entitled review articles include “Race, Politics, “European Union Competition Law and Juvenile Justice:The Warren Court and Policy: How Much Latitude for and the Conservative ‘Backlash’,” in Convergence with American Law and Minnesota Law Review (May, 2003). In Policy?”That article is scheduled for November, 2002, he presented a paper publication in the Antitrust Bulletin next Professor McGowan and at the American Society of Criminolo- winter.They had presented that paper Mrs. Julius E. Davis. gy annual meeting in Chicago,“‘Other at the Sullivan Conference on Global Than The Fact of Prior Conviction’: Competition Law and Policy that was Apprendi v.New Jersey, Sentence held at the University of Minnesota Professor David McGowan Enhancements Based on Delinquency Law School in September 2002. Pro- was honored as the 2003 Julius Adjudications, and the Quality of Jus- fessors Gifford and Kudrle have written E. Davis Chair recipient during tice in Juvenile Court.”A revised ver- a second manuscript further developing sion of that paper will be published their views on the prospect of conver- a reception on September 11, later this year in Wake Forest Law gence of antitrust standards between 2003 at the Minneapolis Club in Review. In March, 2003, Feld presented those of the European Union and downtown Minneapolis. a paper on “The Politics of Race and those of the United States, presently Professor McGowan teaches Juvenile Justice” at the annual meeting entitled “Is There Convergence on of the Academy of Criminal Justice Competition Policy Goals Across the and writes in several fields, Sciences, Boston, Massachusetts. In Atlantic? If So,Towards What?” Profes- including antitrust, contracts, June, 2003, he attended an Internation- sor Gifford has reviewed a book on the copyright, freedom of expres- al Conference on “Youthful Law Viola- prospects for further liberalization of sion, professional responsibility, tors, Human Rights, and the Develop- international trade.That review will be ment of New Juvenile Justice Systems” published soon in the World Trade and the regulation of the Inter- sponsored by the International Institute Review. He and Professor Weissbrodt net and digital content. He For The Sociology of Law in Onati, are currently finishing a revision of an joined the Law School faculty in Spain, where he presented a paper on administrative law casebook. 1998, and was the Vance K. “The Inherent Tension of Social Wel- fare and Criminal Social Control: Poli- Opperman Research Scholar cy Lessons From the American Juvenile BARBARA HAUSER for 2002–03. Court Experience.”Also, in June, 2003, Professor Hauser was accepted into the Feld spoke in Denver, Co., at the Casey English Society of Trust and Estate Journalism Center on Children and Practitioners (STEP). She wrote a Families’ Conference on Youth Crime paper on the differences between Eng- in Context on the topic of “Race, Eth- lish trust law and “American” trust law, nicity, Crime and the Media.” that was published in the English journal, Trusts and Trustees. In March she was invited to represent the United DANIEL J. GIFFORD States at a conference organized by the Professor Gifford recently published an University of Utrecht, in the Nether- article,“Developing Models for a lands, in conjunction with the Euro- Coherent Treatment of Standard-Set- pean Fine Arts Fair. Her paper on the ting Issues Under the Patent, Copy- United States was published in the right, and Antitrust Laws,” in Idea.He book The Art of Planning for Art. She is had earlier presented that paper at a also in the process of writing her Ph.D. symposium on Patents and Standard thesis at the University of Utrecht. Setting sponsored by the Oracle Cor- Professor Hauser was on the organiz- poration, the American National Stan- ing committee for the International dards Institute and George Washington Bar Association’s second Worldwide University. He also published a paper, Women Lawyers Conference, held in “Antitrust’s Troubled Relations with June in London.At the conference she

6 Law Alumni News ♦ FALL 2003 also chaired the academics session.At over the past two decades with a vari- Professor Ruth Gana the 2003 annual ACTEC (American ety of legal aid programs serving the Okediji delivered her inaugural College of Trust and Estate Counsel) needs of American Indians living in tra- conference in Puerto Rico, she deliv- ditional communities. She also has been lecture “Intellectual Property ered a paper “International Estate Plan- actively involved with several American and Diminishing Returns” upon ning:A Primer” and attended the Indian literacy projects and technologi- her appointment to the William international estate planning commit- cal development programs. Professor L. Prosser Professorship of Law. tee meeting. She will report to the Howland serves on the Executive committee at its fall meeting on the Board of the American Indian Library Professor Okediji is one of the status of marriage laws in different Association and wasi Co-Chair of the leading authorities in the countries. In April she gave a presenta- Third International Indigenous Librari- United States on International tion on estate and tax planning for ans Forum held in Santa Fe, NM in Intellectual Property Law. Americans Abroad in Tokyo. She also November, 2003. Professor Howland gave guest lectures on international spoke on issues associated with Ameri- After visiting the University of estate planning at the Macquarie Law can Indian information and technolog- Minnesota in 2001, Professor School in Sydney,Australia. In May she ical concerns at the 2003 Sovereignty Okediji joined the Minnesota co-chaired a workshop on Family Symposium, presented by the Okla- faculty in the 2002–2003 Meetings in New York for the Institute homa Supreme Court and other enti- for Private Investors. She was also ties. Professor Howland recently partic- academic year. She served on quoted extensively in Bloomberg Wealth ipated in the 2003 Equine Law Con- the faculty at the University of Manager (April 2003) on children’s ference and will have an article pub- Oklahoma College of Law inheritance issues. In June she spoke at lished, entitled,“Let’s Not ‘Spit the Bit’ from 1994–2002, where she the 10th annual IIR Family Office in Defense of ‘The Law of the Horse’: conference, on selected cross-border The Historical and Legal Development held the Edith Kinney Gaylord estate issues. She gave a similar paper at of American Thoroughbred Racing Presidential Professorship. the Florida Advanced Tax Planning Law,” in a forthcoming issue of the Institute. She also gave a presentation Marquette Sports Law Review. She con- on Family Offices at Cadwalader, tinues to serve as a member of the Wickersham & Taft in New York. In American Bar Association Section on August Professor Hauser presented a Legal Education and Admission to the paper in Lisbon at the 2003 Congress Bar Committee on Accreditation and as of the Union Internationale des Avo- a member of the Association of Ameri- cats (an international association of bar can Law Schools Committee on Cur- associations), on the U.S. federal taxa- riculum and Research. tion of trusts. She is completing a two- year term in that organization as Presi- dent of the United States committee MAURY LANDSMAN and continues as a representative to the Professor Landsman taught “Introduc- United Nations.At the ABA 2003 tion to American Law” this spring at annual meeting she was appointed the University of Uppsala Law School vice-chair of the ABA Section of Real in Uppsala, Sweden. He was appointed Property, Probate and Trust committee Director of Skills and Clinics in August Dean Johnson and Professor Okediji. on international estate planning, and 2003, taking over administrative duties re-elected as vice-chair of the ABA for professional skills courses and clin- Section of International Law and Prac- ics. He is completing his empirical tice committee on cross-border private study of the effect of law school on client planning. moral judgment which was presented in October 2003 at the annual ethics symposium of the South Texas Law JOAN S. HOWLAND School in Houston,Texas. Professor Howland was recently named the 2003 recipient of the Spirit of Law Librarianship Award.This prestigious JOHN H. MATHESON award is given annually by the Ameri- Professor Matheson supervises the can Association of Law Libraries to an Minnesota Multi-Profession Business individual who has made a meaningful Law Clinic at the Law School, which contribution in responding to the legal was honored as Volunteer Collaborator and information concerns of an under- of the Year by the Minnesota Econom- served population. In receiving this ic Development Association. Professor award,Professor Howland was recog- Matheson continued to serve as Direc- nized for her extensive volunteer efforts tor of Continuing Legal Education

Law Alumni News ♦ FALL 2003 7 Faculty R&D

Programs for the Law School, which Studies and “Assessing the Human this past year included Super CLE Rights Dimensions of International Week XXIII and the Twenty-Fourth Legal Responses to September 11th” Annual Summer Program of Continu- in the Israel Yearbook of Human Rights. ing Legal Education Seminars. He In May 2003 she attended a confer- published an interactive exercise titled ence in Vancouver Canada entitled— “Liability of Agent to Third Parties: On Poverty: Rights, Social Citizenship, and the Contract and Warranty of Authori- Governance. Her paper was entitled ty” for the Center for Computer- “Programmatic Enforcement of Eco- Assisted Legal Instruction (CALI), nomic and Social Rights—A Propos- which can be accessed at http://les- al.”Also in May she gave a faculty sons.cali.org/web/BA02/. seminar at Columbia University’s School of International and Public Affairs, entitled “Law in Times of Cri- MIRANDA OSHIGE sis: Exploring the Relationship McGOWAN between Emergencies and Situations of Professor David Weissbrodt (right) Professor McGowan continues to work Internal Armed “Conflict.” In February and his spouse, Pat Schaffer, had an actively in the area of discrimination. 2003 she attended a colloquium on opportunity to visit with one of She just published an article in Consti- Religion and Law organized by the Program in Law and Public Affairs at their former professors,Thomas tutional Commentary,“Certain Illusions about Speech:Why the Free-Speech Princeton University.Also in February Buergenthal, Judge of the International Critique of Hostile Work Environment she presented a paper at a conference Court of Justice, while he was in Harassment Is Wrong.” She will be taking place at Columbia University Minneapolis as the keynote speaker publishing a book review of Robert A. Law School entitled “The Office of for the College of Liberal Arts Dahl’s book, How Democratic is the the UN High Commissioner for Commencement last spring. American Constitution, later this year in Human Rights.”The paper presented Constitutional Commentary. In Novem- was “The Future of UN High Com- Professor David Weissbrodt ber 2003, she will be presenting an missioner’s Office—Some Preliminary received the 2003 Human article at the Minnesota Law Review’s Views.” In May 2002 Professor Ni symposium on the recent Supreme Aolain was a member of a research Rights Award from the Min- Court decision, Lawrence v.Texas. She consortium which secured grant fund- nesota Advocates for Human will address whether after Lawrence and ing of £4,000,000 to establish a Transi- Rights and addressed the annual Romer v.Evans moral justifications for tional Justice Institute at the University dinner of Minnesota Advocates laws can still satisfy rational basis scruti- of Ulster, NI. She continues to act as a ny. She is also working on an article on Human Rights Commissioner for the in June 2003.The award was the Supreme Court’s affirmative action Irish Human Rights Commission presented to Professor decisions that will be published as part (Appointed by the Irish Minister for Weissbrodt by Former High of a Constitutional Commentary sympo- Justice in 2000). She is also a member Commissioner for Human sium next year. Professor Guy Charles of the Joint Committee of Northern and she also have begun a project that Ireland Human Rights Commission Rights Mary Robinson. explores what it is about stereotyping and Irish Commission for Human that makes it objectionable as a kind of Rights created by the Good discrimination, and whether race and Friday/Belfast Agreement. gender stereotyping are objectionable for the same reasons. STEPHEN SIMON Professor Simon taught the Defense FIONNUALA NI AOLAIN and Prosecution Clinics in the fall of Visiting Professor Ni Aolain published 2002 and the spring of 2003. He a number of articles in the past aca- taught Trial Practice during the sum- demic year.They include “The Fron- mer of 2003. Professor Simon conduct- tiers of Legal Analysis: Reframing the ed judicial trial skills training programs Transition in Northern Ireland” pub- at the law school in September, Octo- lished in the Modern Law Review (co- ber, December of 2002 and in January, authored with Campbell & Harvey); February, March,April, May and June and “Local Meets Global—Transitional of 2003. He conducted judicial trial Justice in Northern Ireland” in the skills training programs as part of the Fordham International Law Journal. She course for new judges at the National also has two articles forthcoming, the Judicial College in Nevada in October first entitled “Mapping Transitional Jus- of 2002 and in April and July of 2003. tice” in the Journal of Social & Legal Professor Simon continues to expand

8 Law Alumni News ♦ FALL 2003 his activities in the area of judicial edu- E.THOMAS SULLIVAN cation. In October of 2002 and April Faculty of 2003 Professor Simon taught a pro- Professor Sullivan’s essay,“Race Con- gram on Evidence in the Courtroom sciousness As A Public Good” was Recognitions and a program on Alcohol and the published in September in Syllabus; it is Intoxilyzer at the semi-annual Min- a reaction to the Supreme Court’s nesota new judge orientation program. decision in Grutler v.Bollinger, the Uni- The Evidence in the Courtroom was versity of Michigan’s affirmative action also included in the course for new case. He also is completing an article judges at the National Judicial College entitled “The Supreme Court As An in October of 2002 and in April and Economic Regulator of Private Law:A July in 2003. In March of 2003 Profes- Thirty Year Retrospective.” He has sor Simon taught the Evidence in the begun research on a new revision of Courtroom course for a group of his antitrust treatise entitled Private Hawaiian judges. In January 2003 Pro- Antitrust Law,written with his co- author Professor Doug Floyd. In May fessor Simon organized a session and OREN GROSS gave a presentation as part of that ses- at the ABA Section of Legal Education sion at the annual conference of the Development Conference in Jackson Transportation Research Board in Hole,Wyoming, he received the J. Professor Oren Gross was Washington D.C.The presentation was William Elwin, Jr.Award for leadership awarded tenure at the title of on alcohol related crashes in rural and contributions to law school devel- Associate Professor of Law by the America. In March of 2003 Professor opment. He was the first recipient of University of Minnesota Board of this award since it was established in Simon conducted a day-long settle- Regents. He also has been selected ment training program for the Min- honor of and awarded to J.William as the Vance K. Opperman nesota Office of Administrative Hear- Elwin, formerly associate Dean at ings. In June of 2003 Professor Simon Northwestern University Law School Research Scholar for this academic taught a day long CLE on Ethics and in Chicago.Also at the Jackson Hale year. Professor Gross is an expert the Practice of Criminal Law at the development conference, he was an in international trade, international Law School’s annual summer CLE pro- invited panelist on the subject of law and national security law. gram. Professor Simon, in his capacity “Making the Case for Support of as head of the Minnesota Criminal Jus- Legal Education.” In early summer, he tice System DWI Task Force and as a served on a panel with two other DWI researcher, worked with the Min- reviews to select the 2003 John Brown nesota Legislature on DWI related leg- Award for Excellence in Legal Writing islation that was being considered and that was presented at the annual ABA in many instances passed in the 2003 meeting in San Francisco.Also at the legislative session. Professor Simon ABA meeting in July he moderated a wrote and presented a paper at the panel discussion on “Affirmative mid-year national conference of the Action in Law School Admissions: alcohol and other drugs committee of What Directions After Grutler v the Transportation Research Board, Bollinger?” In addition, in July, he was which is part of the National Science appointed special counsel by the Attor- MIRANDA ney General of Minnesota to investi- Foundation in August of 2003.The McGOWAN paper was on the Impediments to the gate allegations of illegal political con- Adoption and/or Implementation of tributions in the last election. In Sep- Professor Miranda McGowan Vehicle Sanctions for Repeat DWI tember, he received a Distinguished Offenders. Professor Simon continued Non-Alumnus Award from the Uni- was awarded tenure at the title of to work on a major research project versity of Missouri, where he started Associate Professor of Law by the investigating the relationship between his law school teaching career in 1979. University of Minnesota Board of the speed of adjudication and recidi- And in October, he delivered the “The Regents. Professor McGowan vism in the DWI area. He is working Robert Endries Endowed Lecture” at teaches and writes in the areas Syracuse University College of Law in with a database of over 25,000 DWI of discrimination, statutory offenders. During the summer of 2003 Syracuse, New York. He also gave a interpretation, property, he expanded his investigation and workshop and taught a civil procedure analysis to look at the effect of speed of class while at Syracuse. He is teaching jurisprudence and law and the implementation of the administra- Antitrust and Civil Procedure this fall literature. tive sanctions of license revocation and at the Law School. plate impoundment and recidivism for DWI offenders.

Law Alumni News ♦ FALL 2003 9 Faculty R&D

MICHAEL TONRY DAVID WEISSBRODT JUDITH T.YOUNGER Professor Tonry gave a number of pub- Professor Weissbrodt completed his sec- Professor Younger published (with oth- lic lectures during the first half of ond four-year term as the U.S. member ers), Brief of Appellants and Appellants’ 2003:“Why aren’t Canadian Penal of the U.N. Sub-Commission on the Reply Brief in Matter of the Trusteeship of Policies more Punitive?” in Toronto in Promotion and Protection of Human the Trusts Created under Trust Agreements March;“Penal Policies and Politics in Rights. ProfessorWeissbrodt finished his Dated Dec. 31, 1974 and 1980 in the Federal Systems:The United States and final report as the U.N. Special Rap- Minnesota Court of Appeals. She contin- Switzerland” in Lausanne, Switzerland porteur on the rights of non-citizens ues to work on ongoing projects in in June; and “The Influence of Crimi- and the Sub-Commission requested its Family Law and Trusts. nological Research on Policy in the publication, but the Sub-Commission U.S. and the UK” in Oxford, England has also sought authority from the in June, as part of a Festschrift confer- U.N. Commission on Human Rights ence honoring Professor Roger Hood to extend and strengthen his mandate on his retirement. He completed an for another three years. He also took a article entitled,“Criminology and Pub- leading role in drafting the Norms on lic Policy in the US and UK” with the Responsibility of Transnational Corpora- David Green in The Criminological tions and Other Business Enterprises with Foundations of Penal Policy. regard to Human Rights which were unanimously adopted by the Sub- Commission on August 13, 2003. In KEVIN WASHBURN addition, he prepared a Commentary Professor Washburn appeared as the which was recognized by the Sub- featured guest on the national call in Commission as a “useful interpretation radio show, Native American Calling,in and elaboration of the standards con- August, on the issue of the death tained in the Norms.” During March penalty in Indian Country. Having 2003 Professor Weissbrodt addressed spent much of the summer writing, representatives of businesses, unions, Professor Washburn has an essay forth- investment advisors, governments, non- coming in the Nevada Law Review, governmental organizations, scholars, entitled,“Federal Law, State Policy, and others in Denmark, Germany, the Indian Gaming,” in which he argues Netherlands, Switzerland, and the that the federal-tribal relationship has United Kingdom.Also during March given way in the area of Indian gaming Weissbrodt taught a human rights class to a more important relationship at Tilburg University in the Nether- between tribes and states. He also has lands. In July 2003 Weissbrodt taught an article forthcoming on tribal courts the Masters Course in International and federal sentencing in the Arizona Human Rights Law at Oxford Univer- State Law Journal. In May, Professor sity. In early June Professor Weissbrodt Washburn addressed members of the received the 2003 Human Rights law firm of Best & Flanagan and sever- Award from the Minnesota Advocates al of its Indian gaming clients at a for Human Rights and addressed the breakfast meeting during a gaming annual dinner of Minnesota Advocates. conference. In June, Professor Wash- The award was presented to him by burn was interviewed by his tribal Former High Commissioner for newspaper, the Chickasaw Times, and in Human Rights Mary Robinson.Weiss- July he published an article in that brodt joined Professor Marshall in pub- newspaper on the Supreme Court’s lishing a new casebook entitled The affirmative action decisions in the Uni- Common Law Process of Torts. He has versity of Michigan cases. One of Pro- also published a U.N. report on the fessor Washburn’s law review articles, rights of non-citizens, an article on the “Recurring Problems in Indian Gam- human rights community in Minneso- ing,” was cited extensively in a recent ta, an article on the origins of the U.N. opinion of the U.S. Court of Appeals human rights norms for businesses, and for the Ninth Circuit and will be an article on the work of the U.N. excerpted in a forthcoming casebook Sub-Commission. on American Indian law. In August, Professor Washburn became a member of the Minority Affairs Committee of the Law School Admissions Council.

10 Law Alumni News ♦ FALL 2003 and Law in August 2003. She was TIMOTHY R. JOHNSON Affiliated Faculty assisted in her research by University Professor Johnson won a $2,830,354 of Minnesota law students Doug Peters National Science Foundation Grant for (who is also a Silha Fellow) and Tom ELIZABETH HEGER BOYLE a project entitled “ITR SCOTUS:A Corbett. Professor Kirtley and Mr. Professor Boyle published Female Geni- Resource for Collaborative Research Corbett also filed comments in June tal Cutting: Cultural Conflict in the Glob- in Speech Technology, Linguistics, with the Department of Homeland al Community (Johns Hopkins Univer- Decision Processes, and the Law.” (with Security on proposed regulations gov- sity Press).The book traces the history Jerry Goldman–Northwestern Univer- erning Critical Infrastructure Informa- of opposition to female genital cutting. sity, Brian McWhinney–University of tion. Professor Kirtley’s recent publica- It focuses on lawmaking in countries Pennsylvania, and Mark tions include a book chapter,“What’s where local popular opinion about Liberman–Carnegie Mellon).This in a Name: Privacy, Property Rights, FGC conflicted with international grant will be used to complete the and Freedom of Expression in the human rights discourse. Professor Oyez! Project that digitizes U.S. New Communications Media” in Jour- Boyle determined that, in these coun- Supreme Court oral arguments and nalism and the Debate Over Privacy tries, executives often responded to places them on the World Wide Web (Lawrence Erlbaum Associates 2003); economic threats from the United for scholarly and public access an encyclopedia article,“Privacy vs. the States and international organizations (this site can be accessed at Public Right to Know” in Encyclopedia by eschewing popularly elected bodies http://www.oyez.org/oyez/frontpage). of International Media and Communica- (such as parliaments) when adopting Additionally, he will use this grant to tions (Academic Press 2003), and an continue his analysis of how oral argu- anti-FGC policies. Professor Boyle’s article,“Coming of Age in Minnesota,” ments affect the decisions justices new project, funded by the National in the May 2003 issue of the Federal make. Professor Johnson’s book manu- Science Foundation, considers the Communications Law Journal. She deliv- script, Oral Arguments and Decision Mak- impact of post-9/11 legal changes on ered the keynote address at a sympo- ing on the U.S. Supreme Court, will be Muslim immigrants to the United sium celebrating the 30th anniversary States. Professor Boyle presented papers published in May 2004 with the State of the Texas Open Records Act at the at the annual meetings of the Law & University of New York Press. He also University of Texas in Austin on Society Association (Vancouver) and at published an article in American Politics March 26, and delivered the closing the annual meetings of the American Research,“The Supreme Court, the address,“Media and the First Amend- Sociological Association (Chicago). She Solicitor General, and the Separation ment,” at a symposium,“Through the also participated in the Social Science of Powers,” and an article in Political Looking Glass: Media, Perception and Research Council’s symposium on Research Quarterly,“Delaying Justice: Reality” at Viterbo University in Youth, Globalization, and Law (Paris). The Supreme Court’s Decision to LaCrosse,Wisconsin on February 6. Her review of Legal Professions (edited Hear Rearguments” (with Valerie She appeared on many panels, includ- by Jerry Van Hoy) appeared in Contem- Hoekstra—Arizona State University). ing at the American Legislative porary Sociology. In August, Professor Johnson presented the paper “The Will of the Minority: Exchange Council’s 30th Annual The Supreme Court and the Rule of Meeting in Washington, D.C. on WILLIAM G. IACONO Four” at the American Political Science August 1;“Press Freedom on the Professor Iacono has been active in Association annual meeting (with Jason Internet” sponsored by the World Press several key court cases regarding poly- Roberts—Washington University in Freedom Committee and the Associa- graph testing.The Supreme Court of St. Louis). tion of the Bar of the City of New Western Australia has been considering York in New York on June 28; the whether polygraph testing should be American Theatre Critics Association admitted as evidence in Australian JANE E. KIRTLEY annual meeting in Minneapolis on criminal proceedings, and Professor Professor Kirtley was named to the June 11; the National Freedom of Iacono has consulted extensively with Press Commission of the Institutions of Information Coalition’s annual confer- Australian government officials on the Democracy initiative sponsored by the ence in Nashville,Tennessee on May scientific basis of polygraph testing. Annenberg Foundation Trust at Sunny- 17; the Government Publications New Mexico is the only state to allow lands and the Annenberg Public Policy Information Forum at St. Cloud State routine admission of polygraph test Center at the University of Pennsylva- University on May 8; the Judicial results in court, but this year the nia.The Commission will examine Conference of the Eighth Judicial Cir- Supreme Court of New Mexico has how freedom of the press works in a cuit in Cleveland on April 5; and the ordered a review of this matter. democracy and will produce a scholar- Freedom Forum’s National FOI Day Professor Iacono was asked to provide ly volume to be published by Oxford conference in Arlington,Virginia on the court with an analysis of scientific University Press. Professor Kirtley was March 14.Among her numerous basis of these tests. He is also currently counsel of record for an amicus curiae media interviews, Professor Kirtley revising his chapter on this topic for brief filed with the United States appeared on WNYC/NPR’s “On the the third edition of Handbook of Supreme Court in Office of Independent Media” on June 20, and on MPR’s Forensic Psychology published by Counsel v.Favish on behalf of the Silha “Midmorning” and “Midday”on Wiley-Interscience. Center for the Study of Media Ethics March 10 and April 1. She was quoted

Law Alumni News ♦ FALL 2003 11 Faculty R&D

in many news outlets, including the editing (with Eckart Otto) of Recht WILLIAM E. New York Times, Los Angeles Times, und Ethik im Alten Testament: Studies in Chicago Tribune, Chicago Sun-Times, Honor of Gerhard von Rad (forthcom- SCHEUERMAN Boston Globe, Christian Science Monitor, ing) and also has in submission “The Professor Scheuerman just completed a Hartford Courant, South Florida Sun-Sen- Relationship of Law to Society in new book, Liberal Democracy and the tinel, Fort Worth Star-Telegram, CNN Deuteronomy:The ‘Draft Constitution’ Empire of Speed, on the impact of the Radio, Reuters, and (Deut 16: 18–18:22) as an ‘Ideal Type.’” high-speed temporality of contempo- the Associated Press. Over the past year Levinson was invit- rary society on liberal democratic ed to present at three international political and legal institutions. Johns conferences: a special 25th anniversary Hopkins University Press will publish BERNARD M. LEVINSON commemorative panel entitled “Read- it in the spring of 2004. Recent articles Professor Levinson received the Uni- ing Biblical Law at Qumran” at the also appeared on emergency powers in versity of Minnesota’s nomination for a annual meeting of the Society of Bibli- the Israel Yearbook of Human Rights National Endowment of the Humani- cal Literature,Toronto (November (published by Tel Aviv University), eth- ties Summer Research Stipend on the 2002); the Oxford Old Testament ical pluralism and its political implica- basis of his project,“Revelation and Seminar, Oxford (June, 2003); and the tions in the Many and the One: Religious Redaction: Rethinking Biblical Studies International Meeting of the Society and Secular Perspectives on Ethical Plural- and Its Intellectual Models.” Once of Biblical Literature, Cambridge (July ism in the Modern World (Princeton nominated by the university, applica- 2003). He was also invited to present at University Press); an essay on globaliza- tions move forward to a national com- two national conferences: an interdisci- tion and law also appeared in the Uni- petition. In recognition of his profes- plinary conference at the University of versity of Toronto Law Journal. During sional standing, Levinson was unani- Wisconsin Law School, Madison the spring semester, Professor Scheuer- mously elected to “The Biblical Collo- (October 2002) and The Biblical Col- man lectured at the New School and quium,” a by-invitation-only group of loquium, Princeton (October 2002). In University of Michigan; this fall, he senior scholars that meets annually to his professional service he concluded will present a paper at Columbia Uni- share research.Admission follows a two his service as Director of Center for versity entitled “From Kings to Presi- year long selection process, which Jewish Studies at the University of dents: Monarchical Origins of the includes a three-hour long vigorous Minnesota (2000–2002) and has been Modern Executive.” discussion and debate of a seminar appointed its Director for Undergrad- presentation.Within the last year he uate Studies. has published three articles in interna- DAVID EUGENE WILKINS tional refereed journals:“‘You Must Professor Wilkins and Keith Richotte Not Add Anything to What I Com- C. FORD RUNGE (a University of Minnesota Law stu- mand You’:Paradoxes of Canon and Professor Runge completed work on a dent) have written an article titled Authorship in Ancient Israel” in four-year Ford Foundation study of “The Rehnquist Court and Indige- Numen: International Review for the His- global hunger issues.Together with nous Rights:The Expedited Diminu- tory of Religions 50:1 (2003);“Renew- colleagues from Minnesota and the tion of Native Powers of Governance,” ing Revelation:The Hermeneutics of International Food Policy Research that was published in early fall 2003 ki and ’im in the Temple Scroll,” (with Institute (IFPRI) in Washington, D.C., Publius:The Journal of Federalism.He Molly M. Zahn) in Dead Sea Discoveries the result was Ending Hunger in Our wrote an article titled “Elias C. 9:3 (2002); and “Goethe’s Analysis of Lifetime: Food Security and Globalization Boudinot:‘Wily Schemer’ or ‘The Exodus 34 and Its Influence on Julius (Johns Hopkins, 2003). During Most Intelligent Indian in North Wellhausen:The Pfropfung of the 2001–2002 he co-chaired the Council America,’” that will be published in a Documentary Hypothesis,” in on Foreign Relations Study Group on volume edited by Melvin Urofsky, Zeitschrift für die alttestamentliche Wis- Trade, Science and Genetically Modi- titled One-Hundred Americans Making senschaft 114 (2002). The Jewish Study fied Organisms in New York with Constitutional History (Washington, DC: Bible, just published by Oxford Univer- David Victor of Stanford University. CQ Press, forthcoming). Professor sity Press, is the first modern presenta- To gether they published “Farming the Wilkins presented a conference paper tion of this tradition’s rich legacy of Genetic Frontier” in Foreign Affairs titled “American Indian State Law- learning aimed at a broader audience. (May/June, 2002) and Sustaining a Rev- makers:Working the System to Their It includes Levinson’s extensive com- olution:A Policy Strategy for Crop Engi- Minimal Disadvantage,” at the annual mentary upon the biblical book of neering (Council on Foreign Relations Western Social Science Conference, Deuteronomy, which stresses the cul- Press, 2002). In April, 2002 he will held in Las Vegas, Nevada,April 9–12, tural context and significance of its assume the directorship of the Center 2003. He gave a presentation on the legal code. Oxford University Press has for International Food and Agricultural U.S. Supreme Court’s major Indian law also published a paperback second Policy at the University of Minnesota, opinions from 1840 to 1900 to partici- printing of his book, Deuteronomy and a position he held for three years after pants in the Newberry Library Sum- the Hermeneutics of Legal Innovation starting the Center in 1988. mer Institute titled “American Indian (2002). Levinson is completing the Political Activism Prior to World War

12 Law Alumni News ♦ FALL 2003 I,” held at the Newberry Library, Chicago, Illinois, July 2, 2003. He “Speaking Law to Power: served on a task force to examine the future direction of the leading Ameri- The Legal and Political Implications of the can Indian Studies Journal, American Indian Culture and Research Journal, held U.S. as the World’s Lone Superpower” at UCLA May 31–June 1, 2003. Pro- fessor Wilkins presented a keynote speech titled “A Constitutional Actual- A Journal of Law & Inequality Symposium ity:The Durable Though Manipulable Friday, January 23, 2004 Status of Indigenous Nations,” at a conference called A Confluence of Cultures: Native Americans and the The end of the Cold War marked significant changes in the Expedition of Lewis and Clark, held at legal and political structures of the world. For the first time, the University of Montana, Missoula, it appeared that the United Nations and international law Montana, May 28–30, 2003. He also gave a presentation on state constitu- would have a chance to function as originally intended before tional disclaimer clauses on a panel at a the advent of the Cold War.At the same time, it became “Symposium on Intergovernmental clear that the United States was becoming the sole leading Agreements and Impact Mitigation by superpower.Would that superpower respect the international Tr ibal Governments Engaged in Gam- ing,” hosted by the Harvard Project on legal system and international organizations that it participated American Indian Economic Develop- in establishing after World War II? How have the brutal attacks ment, May 5–6, 2003. He gave a of September 11th changed the role of the United States, the keynote speech titled “A Judicial Jug- structure of international law and international organizations? gernaut:The Rehnquist Court’s Re- Interpretation of Absolute Power Over What have been the consequences for the United States and Aboriginal Peoples,” delivered at the the rest of the world? On Friday, January 23, 2004, the University of North Dakota’s School Journal of Law & Inequality will host a symposium at the of Law,April 1, 2003. Finally, he gave a University of Minnesota Law School addressing the legal and keynote speech titled “Federal Indian Law under the Rehnquist Court,” political implications of the U.S. as the lone superpower today delivered at the University of Pennsyl- and the impacts the U.S.“war against terrorism” has had on vania Law School, Philadelphia, Penn- human rights here and abroad. sylvania, March 20, 2003. ♦ The Symposium has requested 5 general Continuing Legal Education credits in Minnesota.

For more information about the Symposium, contact the Journal of Law & Inequality office at: [email protected] • (612) 625-5807

Law Alumni News ♦ FALL 2003 13 Faculty Essay Decolonizing Federal Indian Country Criminal Justice

BY KEVIN WASHBURN, ASSOCIATE PROFESSOR OF LAW1

n the 1880s, many Indian tribes obtained certification for “treatment as had been rounded up onto a state” under federal environmental smaller and smaller reservations programs.And tribal police depart- in undesirable locations and were ments have even taken the place of living in utter dependence on BIA law enforcement agents on many theI goods and services that the United reservations. States had promised them in treaties.As the tribes attempted to adjust to this Every President since Richard Nixon entirely new way of life, it was unclear has supported this enlightened direction whether the tribes would survive as in federal Indian policy, and both Con- self-governing entities. Indeed, the offi- gress and the Supreme Court have been cial policy of the United States was to supportive as well. Federal agencies have bring about an end to tribal govern- delegated many of the most important ments, at least in the long term.This decision-making functions to tribal era represented the height of federal governments and have sought to consult hegemony over Indians and their day- with tribes carefully and extensively on to-day lives.The federal government most decisions affecting Indian people. educated Indian children in distant KEVIN WASHBURN In contrast to the paternalistic overtones boarding schools. It managed tribal of the federal-tribal relationship in the lands and resources.And federal Indian agents parceled out past, the United States now encourages tribal self govern- food and supplies to individual Indians. In 1885, Congress ment and asserts that it has a government-to-government enacted a law called the Major Crimes Act under which relationship with Indian tribes. the federal government undertook the investigation and prosecution of violent felonies between Indians in “Indian As a result of changes in federal policy, tribal self gover- Country.”2 nance has flourished.Though Indians might bristle at the subtle disrespect that such a description reflects for tribal Times have changed since the 1880s. In the past century traditions, many observers agree that tribal governments are and a half, Indian tribes have shown tremendous resilience “more sophisticated” than ever before.Through federal in surviving the Reservation Era and several other difficult influence and support, tribal governments have become periods of federal Indian policy, including the so-called increasingly “Americanized.” One prominent example is in Assimilation and Termination Eras. And though many the area of tribal courts. Supreme Court Justice Sandra Day federal treaty obligations have not diminished, federal poli- O’Connor has noted that tribal courts “have an increasing- cy has changed dramatically. Many of the federal obliga- ly important role to play in the administration of laws of tions to Indians are now met by Indian tribes themselves our nation.”3 who have signed contracts (or “self governance com- pacts”) with the federal government. Most Indian board- In short, in the last several decades, a paradigm shift has ing schools and day schools are now directed by Indian occurred in Indian policy that has transformed virtually school boards, rather than Bureau of Indian Affairs (BIA) every federal program or activity affecting Indians toward officials. Indian tribes are now managing their own natural an approach strongly favoring tribal primacy. Despite all resources and environmental programs and many have these changes throughout federal policy however, the fed-

14 Law Alumni News ♦ FALL 2003 Decolonizing Federal Indian Country Criminal Justice eral Indian criminal justice system looks virtually identical the Indian subcontinent more than 50 years ago and the today as in 1885.With the exception of reservations in sun now sets on the British Empire. Likewise, the United some states that have become fully subject to state criminal States has rejected colonization and has foresworn any fur- jurisdiction under Public Law 280,4 the United States has ther sanctioning of incursions by non-Indians onto Indian retained unilateral control over the criminal justice process lands. It now recognizes the right of Indian tribes to keep in Indian country and has provided little or no role for their lands and to govern themselves on those lands, at least Indian tribal governments. for purposes of most routine governmental services.

Under the Major Crimes Act5 and other federal laws, The fact that the structure of the federal Indian country Assistant United States Attorneys prosecute all felony criminal justice system is left over from a previous age, offenses involving Indians in Indian country.These felony standing alone, might not be an adequate reason for reform prosecutions proceed in federal courts that are often hun- if it was functioning well, but the abysmal performance of dreds of miles from the reservation communities where the system in providing public safety on Indian reservations the crimes occurred and, from a cultural standpoint, are calls into question the legitimacy and functionality of the even farther away. Indian defendants, victims, their families federal regime. During the 1990s, while the national crime and any other interested members of the reservation com- rate fell dramatically across the country, the violent crime munity must travel to a distant city such as Minneapolis, rate on Indian reservations increased substantially.A Native Phoenix or Albuquerque and locate the federal court- American is two-and-a-half times more likely than a house and then try to under- member of the general public stand a federal proceeding that to be a victim of a violent occurs in a language that may crime8 and twice as likely as very well be foreign to the In recent decades, an African American.9 In a Indian participants. Such a recent nine-month period on process may not feel like “jus- federal agencies have the Red Lake Chippewa tice” to the victim or the Reservation (population: defendant or the community 5,000), five homicides that, for practical purposes, is delegated many of the occurred.10 excluded from all aspects of the criminal justice process. most important What is striking about these figures, other than their mag- If it is difficult to conceive of nitude, is that they come at a the problem from the foreign decision-making time when the U.S. Depart- perspective of the Indian par- ment of Justice, criticized for ticipants, consider the unfortu- functions to tribal decades for failing to devote nate federal Indian country adequate attention and prosecutor, biting her nails and resources to Indian country desperately hoping that her governments… problem, has shown a real witnesses in their “Indian car”6 commitment to improving. will successfully navigate the Under the leadership of treacherous highways from the Red Lake Reservation to Attorney General Janet Reno in the 1990s and local Unit- Minneapolis, a five hour drive in good weather (or the ed States Attorney Tom Heffelfinger11 (class of 1975) in even greater distance from the Four Corners area of the recent years, federal officials have dramatically stepped up Navajo Reservation all the way to Albuquerque or their commitment to Indian country criminal justice and Phoenix) and arrive in a safe and timely manner so as be have increased the resources devoted to investigating and available to testify in federal court. prosecuting violent offenses in Indian country. If sincere efforts by these committed public servants have been The framers of the United States Constitution likely never unable to address the serious public safety problem in Indi- would have thought a criminal trial under such circum- an country, the time has come to take a closer look at the stances could be fair. Indeed, to insure fairness and to pro- system itself. tect the role of the community in criminal trials, the Con- stitution contains strict requirements related to venue,“a Perhaps more troubling than the statistical data is the alien- public trial,” and a jury of ones peers selected from the ation that has festered within the communities that the fed- community in which the offense arose.7 None of these eral criminal justice regime is intended to serve. In making guarantees is provided in any meaningful way in federal felony criminal jurisdiction in Indian country a federal Indian country trials that are commonly held at a great responsibility and excluding tribal governments from this distance from reservation communities. key aspect of Indian reservation governance, the United States has left tribal governments, and consequently tribal Pursuing justice in such a manner may have seemed sensi- communities, with little or no sense of investment in the ble when “colonization” still held currency as a viable gov- felony criminal justice process on their own reservations. ernmental policy, but colonization policies have long since While the communities themselves care deeply about the been rejected throughout the civilized world. Britain left crime problem, the federal scheme robs the communities of

Law Alumni News ♦ FALL 2003 15 Decolonizing Federal Indian Country Criminal Justice

their participation in the instruments and institutions of decided that a defendant’s past criminal record should be justice.Although Indian tribal courts possess the sole power one of two key determinants in the sentence, the other key to handle misdemeanor cases—indeed, the courts of the determinant being the seriousness of the current offense. Navajo Nation handled more than 27,000 criminal misde- The Commission reasoned that an offender with a lengthy meanors in a recent year12—the tribal courts have absolute- criminal history was more culpable than a first time ly no role in felony cases.As a result, in Indian country, jus- offender and ought to be punished more severely. tice for the most serious criminal offenses affecting Indian people is left in the hands of dis- In making criminal history a key tant federal officials and occurs determinant of sentencing, the through a process in which tribes Commission next had to decide and tribal officials have no affir- whether to credit criminal sen- mative role. In other words, tribal Having remained tences issued by the courts of governments are not participants other sovereigns, such as states, in criminal justice. Rather, justice virtually unchanged tribes and foreign governments. is “inflicted” on them from The Commission resolved the another community outside for the past century, issue by determining that the the reservation. sentencing guidelines would routinely count the sentences from In view of the enlightened the federal criminal state, county and municipal approach that the federal govern- courts, but would not routinely ment has taken generally toward justice system in count sentences from tribal Indian tribal government in courts and foreign courts.13 It other areas, the federal Indian may not be surprising that the country criminal justice scheme Indian country is Commission decided to credit seems to be an anachronism, the state court sentences, which have last remnant of an outmoded an anachronism… long been used in federal crimi- policy oriented toward coloniza- nal proceedings, or that it chose tion of Indian tribes.As the fed- to ignore foreign sentences that eral government has already demonstrated in almost all of may have been rendered through a process vastly different the key areas of federal responsibility toward Indians, feder- than American courts use. However, it is difficult to under- al Indian programs work best when the United States stand why the Commission chose to treat tribal courts like embraces tribal self-determination and self-governance. foreign courts and thus failed to give them the same respect that it accorded to state courts. The obvious conclusion is that, over the long term, the federal criminal justice process in Indian country should be In the Indian country criminal justice system, in which seriously reconsidered and perhaps even abandoned alto- federal courts have exclusive jurisdiction over felony gether. Because of the fundamental problems with these offenses involving Indians in Indian country, and tribal policies and the public safety outcomes, abandonment of courts have exclusive jurisdiction over misdemeanors, fed- the current system may seem, at first blush, like the best eral law creates, in effect, an informal partnership in which approach. However, because of resource issues at the tribal tribal courts and federal courts share the responsibility of level, any diminishment of the current system would likely adjudicating all criminal offenses in Indian country. Given need to occur gradually and carefully to insure that a pub- this structure, it is difficult to find an adequate explanation lic safety problem does not become a public safety void. for directing federal courts to ignore the adjudicative work Accordingly, I have explored incremental steps that could of the tribal courts as reflected in tribal criminal records. be taken to bring the existing federal Indian country criminal justice more in line with the federal policies in favor Although the Commission has never explained its reason- of tribal self-governance. ing, the Sentencing Commission may have implicitly concluded that tribal courts are not as fair as state courts. Such A coherent approach to reformation of the federal Indian a conclusion would be incorrect. country criminal justice system requires a careful assessment of each stage of the process and identification of useful As a practical matter, our confidence in the fairness and reforms. In my own research, I have concluded that numer- accuracy of state courts can be attributed to the due ous steps can be taken throughout the existing system to process guarantees contained in the federal Bill of Rights. restore the involvement of tribal governments in Indian The Bill of Rights does not apply of its own force to state country criminal justice. One simple step, for example, is courts,14 but in numerous decisions issued during and apparent at the sentencing stage, under policies that are set shortly after the Warren Court era, the Supreme Court by the United States Sentencing Commission (currently held that the Fourteenth Amendment “incorporates” many chaired by the Honorable Diana E. Murphy, class of 1974). of the guarantees of the Bill of Rights and requires state courts to observe them in criminal trials.15 When the Sentencing Commission first drafted the United States Sentencing Guidelines more than fifteen years ago, it The Bill of Rights does not apply of its own force to tribal

16 Law Alumni News ♦ FALL 2003 Decolonizing Federal Indian Country Criminal Justice courts either.16 But while state governments were still vide. But the fact that tribal courts were required to pro- fighting the incorporation controversy in litigation in the vide fair criminal procedure while state courts were still Supreme Court, Congress enacted the Indian Civil Rights resisting such reforms dramatically undermines any notion Act of 1968, a law that specifically ordered tribal govern- that tribal court convictions are less fair or less accurate ments to apply most of the key elements of the federal Bill than state court convictions. of Rights.17 As a result of this law, tribal courts were required to provide defendants a host of procedural protec- Today’s tribal court systems tend to be structured very tions, including the Sixth Amendment right to a jury trial much like federal and state court systems and state and fed- in misdemeanor cases, the Fifth Amendment protection eral laws heavily influence tribal court procedures. Indeed, against double jeopardy and the Eighth Amendment prohi- some tribal courts “operate as nearly exact replicas of state bition of excessive bail, to name just a few. At the time of courts” and most employ retired state judges, law school enactment of the Indian Civil Rights Act, state govern- professors, or Indian law practitioners as part-time trial and ments were still arguing in the federal courts that each of appellate judges.19 Tr ibal courts routinely adjudicate the the protections named above were not required in state same kinds of misdemeanor offenses that state misde- courts.18 Ultimately, the states lost these arguments and, as a meanor courts address, including driving while intoxicated, result of several ensuing Supreme Court decisions, state assault and battery, crimes against children, and disorderly courts now must offer substantially the same procedural conduct.20 And for years, tribal court judges have honed protections to criminal defendants that tribal courts pro- their judging skills side-by-side with state court judges at

Indian Law at the Law School The Law School has a rich history in Indian law. an affiliate of the law faculty, teaches related courses on One of our most distinguished alumni,William C. treaties and tribal governments. Canby, was a noted Indian law scholar before ascending to the bench on the U.S. Court of The Arthur C. Pulling Rare Books Collection in the tAppeals for the Ninth Circuit. Judge Canby (’56) con- Law School's Library has one of the most outstanding tinues to author West’s Nutshell on American Indian Law. American Indian Treaty Collections in the country, Tadd Johnson (’85) was the Chairman of the National including 89 folio treaties from the Nineteenth Centu- Indian Gaming Commission, and Tom Foley (’72) was an ry, and an extensive collection of rare Nineteenth Cen- Associate Commissioner (after serving as Ramsey tury books on Indian law and affairs. County Attorney). George Skibine (’77) runs the Office In addition to the Indian Child Welfare Law Clinic run of Indian Gaming Management at the United States by Heidi Drobnick (’91) (which is profiled elsewhere in Department of the Interior, and Janet Erickson (’95) is this issue), the law school also places student externs Counsel to the Vice Chairman of the Committee on with local tribal courts and has also placed students Indian Affairs at the United States Senate. Professor with the Honorable Robert Blaeser, (’79), a White Robert Anderson (’83) teaches Indian law at the Uni- Earth Chippewa Band member who serves on the versity of Washington.Alums Tom Heffelfinger (’75 ), Hennepin County District Court.At least one alum, United States Attorney, and Cliff Wardlaw (’87 ),Assis- To dd Matha (’95), serves as a trial judge at his own tant United States Attorney, are heavily involved in fed- tribe, the Ho Chunk Nation. eral Indian country criminal prosecutions.And Charles Jakosa (’94), a trial attorney at the Civil Rights Division Partially because of Law School alumni, the Twin Cities at the Department of Justice in Washington, D.C., has become one of the most sophisticated Indian law recently took his Indian law background with him on a communities in the country, with several large and federal assignment in Iraq. medium-sized firms that handle Indian law, such as Dorsey & Whitney, Faegre & Benson, Best & Flanagan The Law School was one of the first schools in the and Winthrop & Weinstine, and also several Indian law country with an Indian law course and has been taught “boutiques,” such as Blue Dog, Olson & Small and nearly continuously since the 1970–71 school year by Jacobson, Buffalo, Schoessler & Magnuson. Our alums several scholars, including Carl Auerbach, E.Adamson also practice with in-house legal departments of several Hoebel, Bernard Becker and Philip Frickey. Currently, local tribal governments, such as William Hardacker Professors Joan Howland (Cherokee) and Kevin Wash- (’88) at the Shakopee Mdewakanton Sioux Community. burn (Chickasaw), both enrolled members of American Indian tribes, teach courses related to Indian law.Amer- Katherine Hedin, Curator of Rare Books and Special Collections, ican Indian Studies Professor David Wilkins (Lumbee), graciously helped assemble this information.

Law Alumni News ♦ FALL 2003 17 Decolonizing Federal Indian Country Criminal Justice

the National Judicial College in Reno, Nevada. In light of regime have resisted it strongly, viewing comprehensive state all the similarities in state and tribal courts and the substan- criminal jurisdiction as an even greater affront to tribal sover- tially similar way that they guarantee fairness and accuracy, eignty than limited federal felony jurisdiction. it is difficult to understand why the Sentencing Commis- 5. 18 U.S.C. § 1153. sion would credit state court sentences and yet ignore tribal court sentences. 6.The phrase “Indian car,” a term of art in Indian country, was immortalized in a song by the same name by Bois Forte Chippewa recording artist Keith Secola and his Wild Band of Adoption of American-style justice systems has no doubt Indians. In the song, Secola describes the stereotypical Indian come at some cost to traditional tribal cultural values, but car:“My car is dented, the radiator steams / Head light don’t tribal courts and tribal governments have willingly paid work, radio can scream / Got a sticker, says “Indian power” / the high costs of adopting American judicial traditions to On my bumper, holds my car together." achieve admission to the American judicial community. 7. See AKHIL REED AMAR,BILL OF RIGHTS:CREATION AND From the standpoint of Indian RECONSTRUCTION (1998). governments, tribal courts have paid the high price of admission 8. See, e.g., Margaret Zack, Authorities set by Congress but the Sentenc- Congress enacted Target Violence in Indian Reservations, ing Commission continues to Minneapolis Star-Tribune,Aug. 30, 2002. block the doorway. the Indian Civil 9. LAWRENCE A. GREENFIELD AND The Sentencing Commission STEVEN K. SMITH,AMERICAN INDIANS should change its policy and Rights Act of 1968, AND CRIME,BUREAU OF JUSTICE STATIS- accord tribal courts the same TICS,U.S. DEPARTMENT OF JUSTICE (Feb. 1999). See also Testimony of respect in the federal sentencing a law that specifically U.S.Attorney Tom Heffelfinger, process that their counterparts in Hearing on Contemporary Tribal county and municipal misde- Governments, Committee on Indian meanor courts currently receive. ordered tribal Affairs, United States Senate (July Such a change would be one step 11, 2002). toward modernizing and “decolo- governments to 10. Zack, supra note 8. nizing” the outdated federal Indi- an country criminal justice 11. Since the beginning of the cur- regime.The official federal policy apply most of the rent administration, Law School of self-governance has successfully alum and local United States Attor- transformed virtually all federal ney Tom Heffelfinger has chaired the key elements of Native American Issues Subcommit- programs other than the criminal tee of the Attorney General’s Advi- justice regime during the past the federal sory Committee and, in that role, three and a half decades. It is time has provided most of the leadership for the Sentencing Commission on Indian issues in the United States and other policymakers to review Bill of Rights. Department of Justice. the entire Indian country crimi- 12. Russell Means v. District Court nal justice regime to reform of the Chinle Judicial District, 26 anachronistic policies and to embrace the tribal self-gover- Ind. L. Rptr. 6083 (Navajo 1999). nance policies that have worked elsewhere in Indian policy. If the improvements in other federal programs serve as an 13. See United States Sentencing Guidelines § 4A1.2(i) & (h). accurate guide, such reforms would help tribal govern- Tribal court sentences are treated as a favored basis for upward departure. United States v. Drapeau, 110 F.3d 618 (8th ments regain some measure of power over their own des- Cir. 1997) (Murphy, J.). tinies and improve the quality of justice, and of life, on Indian reservations. ♦ 14. Barron v. Baltimore, 32 U.S. (7 Pet.) 243 (1833). 15. See DONALD DRIPPS,THE ORIGINS,DEVELOPMENT AND FUTURE OF FOOTNOTES CONSTITUTIONAL CRIMINAL PROCEDURE (Praeger Press 2003). 1.The author, who joined the faculty in 2002, is a member of the 16.Talton v. Mayes, 163 U.S. 376 (1896). Chickasaw Nation of Oklahoma and a former federal prosecutor. He wishes to thank the Law Library staff for extensive 17. See 25 U.S.C. §§ 1301-1303. research support. 18. See Duncan v. Louisiana, 391 U.S. 145 (1968), Benton v. Mary- 2. "Indian Country" is the term used to describe Indian reserva- land, 395 U.S. 784 (1969), and Schilb v. Kuebel, 404 U.S. 357 tions and other lands in the federal criminal laws. 18 U.S.C. § (1971). 1151-53. 19. Nell Newton, Tribal Court Praxis,A Year in the Life of Twenty Tribal 3. Hon. Sandra Day O’Connor, Lessons from the Third Sovereign: Courts, 22 Am. Ind. L. Rev. 285, 287, 311 (1998). Indian Tribal Courts, 33 Tulsa L. J. 1 (1997). 20. Means, supra note 12. 4. Most of the reservations in Minnesota are subject to Public Law 280.Tribes not already subject to the Public Law 280

18 Law Alumni News ♦ FALL 2003 Decolonizing Federal Indian Country Criminal Justice

The Indian Child Welfare Clinic at the University of Minnesota Law School BY SARA VAN NORMAN (CLASS OF 2004), CLINIC STUDENT DIRECTOR ince its inception in 1996, the Indian Child Wel- services practices.At that time, a staggering one in four fare Clinic has provided students with the Indian children was being removed and placed in a non- opportunity to work directly with clients in fam- Indian home or institution.This was in large part due to ily, juvenile, and tribal court matters involving the state agencies’ lack of understanding of cultural differ- sfederal Indian Child Welfare Act of 1978 (“ICWA”).The ences and the existence of widespread poverty in many Clinic is unique in that it pairs students with attorneys Indian communities. Under ICWA, a state is now at a legal services office. Students are licensed to prac- required to work more vigorously to keep Indian chil- tice under the supervision of the attorneys at the Indian dren in their families, and to place a child with an Indian Child Welfare Law Center in south Minneapolis. foster family approved by the tribe. ICWA officially recognizes that Indian families often look to extended fam- As part of their two-semester commitment, students ily and the larger community to help care for children, develop skills through classroom sessions, simulation and this is not the same as abandonment or neglect. exercises with faculty supervisor Jean Gerval and a stu- Additionally, tribal courts may exercise jurisdiction over dent director, and lectures by practitioners in the field. those cases where children are enrolled or are eligible Students then take on one Child in Need of Protective for enrollment in the tribe. However, even 15 years Services, or “CHIPs,” case. Usually, a student will repre- after the passage of ICWA, Minnesota had continued to sent a parent whose child either has been placed out of remove Indian children at an increasing rate, and ICWA the home or whose child is threatened with removal. was frequently ignored. The county initiates the action by petitioning the court. In its petition, the county alleges that the child has been The Law Center was formed not only to ensure neglected, abused, abandoned, the parent is chemically ICWA compliance and to educate the county and the dependent, or one of several other statutory grounds. courts, but to provide effective legal representation to Accompanied by an attorney from the Law Center, the Indian families.To this end, the staff coordinates Indian student appears in court beginning with the very first family services so clients receive culturally appropriate hearing. If a child has already been removed from the support as they work on the county’s requirements, or parent’s home, the hearing must take place within 72 “case plan,” to get a child back.The attorneys at the hours, and can be highly emotional for the parent or Law Center handle nearly all of the ICWA cases in others involved. Each case present different issues, and Hennepin County, as well as appear in other county students learn to respond quickly to a given client’s and tribal courts.The staff now includes four attorneys, needs.The student will continue to represent that including Director Heidi Drobnick (’92),Tammy Swan- client throughout the course of the case.This includes son (’92), Phyllis Frederick (’87), and Shannon Smith arranging meetings, drafting correspondence, helping to (’98).The Law Center also employs a legal assistant, an coordinate social services, and appearing in court.A Indian advocate, a kinship worker, a receptionist and an student will even represent the client at trial, if the case administrative assistant. In addition, volunteers and stu- proceeds to the permanent placement stage. dents are an integral part of the Law Center’s practice.

Students will also usually do a transfer of legal custody Students of the ICWA Clinic develop an awareness of or an uncontested third-party adoption.They meet current legal issues in Minnesota’s Indian communities, with the client, draft and submit all the paperwork, and at the same time as they develop practical skills.They appear in court to finalize the transfer. gain valuable experience by dealing directly with clients and appearing in court.The Clinic is an excellent way The Law Center was founded in 1993 in response to to make the transition to lawyering in the real world, the serious lack of enforcement of ICWA provisions in and to defend a client’s right to equal justice. Minnesota.As passed in 1978, ICWA was intended to halt the destruction of Indian communities due to child

Law Alumni News ♦ FALL 2003 19 Commencement2003

Special Agent Coleen Rowley, Chief Division Counsel to the Minneapo- lis Division of the Federal Bureau of Investigations, gave the commencement address on Saturday, May 17, 2003. Ms. Rowley received national attention when she criticized high-ranking FBI officials for mis- takes that blocked investigations that might have prevented the terror- ist attacks of September 11th.

Pictured from left to right: Carlos Eduardo L. Romeiro, LL.M. Graduation Address; Samuel J. Glover, Law Council President; Kathleen A.Austin, J.D. Graduation Address speaker; Fordham O.Wara recipient of the Most Promising Lawyer Award; and not pictured Nicole E. Narotzky, recipient of the Excellence in Public Service Award.

20 Law Alumni News ♦ FALL 2003 ClassClass ofof 20032003

LL.M. Class of 2003

Pictured are:Vice President and Executive Vice Provost Robert J. Jones; Dean Alex M. Johnson, Jr.; Special Agent Coleen Rowley, Keynote Speaker; and Regent Peter Bell.

Law Alumni News ♦ FALL 2003 21 A Passion for Policy

BY JOEL HOEKSTRA

n an era when political clashes dom- ronmental policy from a civil rights per- inate headlines, it’s easy to forget that spective. This fall, for the first time that I a passion for policy and change can remember, the PUC is having a public drives many legislators.We asked the hearing in north Minneapolis on coal plant eleven legislators who currently conversion to natural gas. People will get a Iwork at the state capitol and who graduat- chance to say how the Riverside plant ed from the Law School to identify a poli- affects their air quality and health. I’m hop- cy area that has stoked their personal pas- ing that the conversation will be carried sion. Here are their answers. over into the legislative session. Representative Senator Geoff Michel Keith Ellison ne of my priorities for the coming session is to determine how to bring ne of the issues that is important to O Gopher football back to the University of me is formation of environmental KEITH ELLISON O Minnesota campus. I think the state can policy, particularly in areas inhabited by and should play a role in that. One of my low-income citizens and people of color. motivations is simply the cold hard fact There’s a fair amount of evidence that in that if you want a first-class Big 10 athletic the United States, and even here in Min- program, then you have to have a good nesota, certain toxic hazards tend to be football program. Football is a revenue located where these people tend to reside. driver.The university’s deal with the How can we begin to develop policy Metrodome stinks, and I’d love to find a choices in areas of environmental policy in way to get football back on campus. I ways that provide equal protection to those think it would also benefit the other men’s affected communities? For example, I’m and women’s varsity sports. I’d like to help concerned about the emissions of particu- put together a combination of public and late matter and mercury into the our lakes private dollars to construct a new stadium. and rivers.A lot of African Americans, And I’m comfortable having the state of Latinos and Hmong catch and eat fish out Minnesota at the table and making an of these waters, and so the mercury has a GEOFF MICHEL investment, just as we would in building a disproportionate impact. In north Min- new science lab or a new building for the neapolis—my district—a lot of African medical school.This is another piece of Americans are affected by asthma at high rates.Asthma is basic infrastructure for the University. directly related to air quality, and that’s related to living near coal plants. Representative Paul Kohls In north Minneapolis, our community has organized Envi- resently, I’m most interested in ways we can enhance ronmental Justice Advocates of Minnesota.We’ve been Pand improve the business climate in Minnesota. Over meeting for about a year, looking at these issues. If you the past few years we’ve seen a massive loss of jobs.That’s a look at array of environmental groups around the state, concern for me not only as a citizen, but as a policy maker. there are groups that focus on conservation, energy, water, Ensuring that businesses can compete is priority number and air. But there isn’t any organization that looks at envi- one for me.There’s all kinds of things that the state can do

22 Law Alumni News ♦ FALL 2003 A Passion for Policy to make the business climate more attractive and more Representative Chris DeLaForest competitive, particularly as a regional competitor. serve on both the transportation policy board and the transportation finance committees. I’m interested in My biggest concern is job loss to neighboring states. For I transportation because it’s an economic issue—when example, State Farm, which has its headquarters in Wood- workers are stuck in traffic it certainly impacts businesses bury, is moving those jobs to Nebraska because doing busi- and costs consumers. It’s also a quality of ness there is much more cost-effective. life issue—time spent on the road might We’ve seen a bleeding of manufacturing be better spent with family or pursuing sector jobs not only internationally, but to leisure time activities. It’s also an issue for our neighboring states as well. my district: 80 percent of the workers in There are changes we can make with tax my district commute somewhere outside of Anoka County to get to their jobs. policy and regulatory reforms that would make us more competitive with neighbor- Obviously, a well-running, congestion-free ing states.The ultimate goal, of course, is to infrastructure is important. encourage job creation and expansion of current businesses. I’d like to see our corpo- I’m the cofounder of Highway 65 task rate tax rates lowered and I’d like to see force, which was recently created to present a unified voice in regards to highway some income tax reform.That latter change improvements.The road, which runs north has broad implications—part of the reason south through my district, is horribly out that we such a large deficit this year is that of date, horribly congested, and one of the we relied too heavily on income tax rev- PAUL KOHLS most dangerous stretches of road in Min- enues, which are highly dependent on the nesota. So we’ve formed a coalition of economy. I’m not advocating eliminating stakeholders, and already our work is bear- the income tax, but I think we need to look ing fruit.We recently received a $12 mil- at whether there are sensible reforms that lion appropriation from the state Depart- can be made in those tax areas that will ment of Transportation for a new inter- encourage job creation in Minnesota. change at the most dangerous intersection Senator Mee Moua on Highway 65. worked on several civil rights issues dur- We have to face reality.We will never Iing my last two sessions here, primarily eliminate congestion.We can only hope to addressing the drivers license bill. In 2001, manage it, kind of like a chronic disease. the bill was proposed as an anti-terrorism We’re now facing what Chicago, Los measure. Drivers licenses would have been Angeles and New York have known for color-coded for foreign visitors to Min- years. But if I could play king for a day, we nesota, in order to make sure that they’re MEE MOUA would have a transportation infrastructure sent back home after their permitted peri- that meets the needs of businesses and od of residency in the U.S. has expired. It commuters alike, which would further was believed that we needed a mechanism to monitor for- entail the building of more roads and bridges, but would eign nationals living in Minnesota. also result in mass transit that makes sense.

From a public safety perspective, however, I didn’t think that this was an adequate measure.Additionally, I think that Representative Doug Meslow color-coding people’s drivers licenses actually gives rise to think that the way we legislators do business is impor- an opportunity for discrimination and unfair treatment. It’s Itant.We have to be open to all viewpoints, from the far un-Minnesotan for us to identify individuals who are visit- left to the far right, and see that there’s wisdom all across ing us and to brand them and impose greater scrutiny on the spectrum. It’s so easy to be positional and make things their activity just because they’re foreigners. confrontational, yet I think that we can be much more effective if we pull ideas from across the board. I try to A bill passed.There are now about 7,000 visitors to Min- work with all the other 133 people in the house. I listen nesota who have status checks on their drivers licenses. But more than I talk, and I learn more than I teach. this summer, a district court said that could no longer be done, so the issue remains unresolved. Outside of the legislature, I do some work as a prosecutor. There’s a fellow prosecutor, a freshman in the legislature This is a federal issue, and if the federal government is who is a Democrat (I’m a Republican), and we’ve collabo- doing its job to monitor our borders, then I don’t think rated on four different bills in the past few years…We our state should be expending our financial resources to do know criminal law, and we’ve worked together to improve the work of the federal government. laws in that area. By doing that in a bipartisan way, we’ve

Law Alumni News ♦ FALL 2003 23 A Passion for Policy

hammered out potentially far exceeds the cost of partisan issues beforehand. the incidental supplies When both of us stand and education. up in the chamber and speak in favor of a bill, all of a sudden people on Representative both sides of the aisle start Joe Mullery talking about the merits arly childhood pro- of the legislation that’s Egrams and issues are coming in. important to me. More and more research shows Representative the importance of these MATT ENTENZA THOMAS PUGH formative years on the Matt Entenza future of children.And ne of my key areas our state is dependent on Ohas been education, their future—or citizens, in particular adult literacy. workers, etc. I have car- My mother was a public- ried bills for funding for health nurse, and she used Early Childhood and to tell me about the Family Education pro- clients she served. Many grams and I’m involved of them couldn’t read the with the Minneapolis labels on prescription Public Schools.We need medicine, she said.As a better health care for kid, I remember being kids.We need to develop amazed at the number of programs for identifying adults who couldn’t read. mental health issues in During college, I did young children.We need some volunteer work JOE MULLERY ELLEN ANDERSON to put resources into with the Minnesota Lit- working with children eracy Council, tutoring adults who were learning to read. I and families. was so impressed with these people who were trying to make it in society in their 30s, 40s, and 50s and yet lacked basic literacy skills. Senator Ellen Anderson ’m interested in promoting family-friendly work envi- As a legislator, I’ve carried a bunch of bills on behalf of the Ironments in Minnesota. I’ve always been interested in Minnesota Literacy Council and others to get better pro- work-life, or balance, issues. Now that I’m a mother of two grams so that all adults can learn to read. In particular, I and a legislator, I’m even more sensitive to the concerns sponsored the “Literacy for All” bill a few years ago, which that working families have. Our economy and jobs market eliminated a waiting list for literacy classes.There were has changed dramatically since women entered the work- 5,000 people around the state who wanted to get into place in the 1970s, and I don’t think there’s been a cultural classes to learn to read, which is paid for through Adult shift that’s gone along with that. For working women, Basic Education. My bill boosted the funding for coordi- these days, the struggle to maintain that elusive balance is nating volunteers and schools sponsoring classes, eliminat- one of the top issues. I’ve attempted to get more paid leave ing the backlog of people waiting for classes. for parents with newborns. I’ve promoted policies that support women who want to continue breast feeding after Representative Thomas Pugh they go back to work. In general, unemployment and job training programs also need to be more accommodating to y wife was diagnosed as an insulin-dependent a workforce that includes more women. Mdiabetic the year before I was elected. For that and other reasons, I’ve worked on several legislative bills related to diabetes. One required insurers in Minnesota Senator Satveer Chaudhary to pay for syringes. Previously, insurance companies haudhary was elected to the Minnesota Legislature in routinely paid for insulin, but they weren’t paying for C1996 as a state representative and successfully ran for the syringes that deliver the insulin to the body.And the senate in 2000. He has served on a number of legisla- some weren’t paying for the training and education that tive committees, including those dealing with transporta- is given to diabetics after the initial diagnosis is made.A tion, crime prevention, education, and finance. Born to month’s supply of syringes is less than the cost of the insulin.What’s more, the absence of insulin in the system Indian immigrants, he recently married and traveled to can lead to problems like heart and kidney disease and India for his honeymoon.As such, he was unavailable for vision problems.The long-term costs of not taking insulin comment for this article. ♦

24 Law Alumni News ♦ FALL 2003 University of Minnesota Law School Presents Super CLE Week XXIV March 15–20, 2004

Monday, March 15, 2004 Thursday, March 18, 2004 Race and the Constitution from The Present Justices of the the Civil War to the Present Supreme Court—Their Backgrounds and Professor Michael J. Klarman Judicial “Personalities” and “Philosophies” University of Virginia School of Law Professor Jesse H. Choper University of California (Berkeley) School of Law Tuesday, March 16, 2004 Judicial Reasoning:Traditional and Modern Friday, March 19, 2004 Professor Roy L. Brooks Recent Developments in Patent Law University of San Diego School of Law Professor Mark A. Lemley University of California (Berkeley) School of Law Wednesday, March 17, 2004 Saturday, March 20, 2004 Communication Skills for More Effective Lawyering (morning) What’s New in the Regulation of Professional Presentations and Public Speaking (afternoon) Conduct: Rules, Statutes and Cases? (morning) Ms. Barbara B. Miller Dealing with Bias in Barbara B. Miller Communication the Courtroom (afternoon) Professor Maury Landsman University of Minnesota School of Law

36.25 CLE credits have been applied for—including 3 ethics and 2 bias $195 per seminar or save with a Super Pass—$695 for the whole week!

For more information, please visit www.law.umn.edu or call (612) 625-6674.

Law Alumni News ♦ FALL 2003 25 Development Association (MEDA), a Minneapolis-based nonprofit, which assists minority businesses. MEDA honored the Business Law Clinic as the Volunteer Collaboration of the Year in 2002, noting the unique partnership between the University and private firms to provide pro bono services.

“There’s no other transactional law clinic in the Law School, so this is the first of its kind.What makes it the first of its kind in the nation is that we have included an accounting firm as part of our professional team that represents startup businesses,” says Matheson. In its first year, the clinic helped local companies with advice about business start-up issues, using independent con- tractors, and succession planning for a family business.

As the clinic begins its second year, Kommerstad Center Program Director Mary Alton says that the primarily goal Business Law Clinic is to attract more clients to use its services.“Our goal this year is to triple the Forges New Path number of cases students handle,” says Alton.Alton teaches the three-credit n August, 2002, the University Sam Rosenstein (’93),Faegre & curriculum component of the clinic, of Minnesota Law School Benson and Gina DeConcini (’93), which covers the fundamentals of launched its latest clinic: the Lurie Besikof Lapidus & Company. transactional lawyering skills—client Minnesota Multi-Profession interviewing, negotiating and drafting. Business Law Clinic.The goal of started,” says Matheson.The solution Ithe new clinic is to provide transac- proved to be bringing in outside, local Both Alton and Matheson note that tional legal services to minority-owned professionals to supervise the students. the clinic won rave reviews from businesses.The new clinic is part of the Matheson notes that the multi-profes- clients during its inaugural year.“It’s Kommerstad Center for Business Law sion aspect of the clinic is unique. been a marvelous success,” says Mathe- and Entrepreneurship. son.“We did a client survey and had Attorneys from Faegre & Benson, LLP, over a 90 percent return. Clients felt Professor John H. Matheson, with the served as supervising attorneys to the they had been served tremendously blessing of former Law School Dean students in the clinic, while the firm of well.The professionals involved Thomas Sullivan, worked for years to Lurie Besikof Lapidus & Company, thought that it was a very good expe- make the new legal clinic a reality. LLP,provided supervising accountants. rience and the students got an oppor- “I’ve wrestled with it over the past ten Clients were referred to the clinic tunity that otherwise would be impos- years, over how to get it staffed and through the Metropolitan Economic sible to get within the confines of

26 Law Alumni News ♦ FALL 2003 Law School News

Dean Johnson and Mary Alton, Program Director Yvonne Cheung-Ho,MEDA;Jodie Boderman,Faegre & Benson; of the Kommerstad Center for Business and Chuck Chuckuemeka, Lurie Besikof Lapidus & Company; Entrepreneurship. and Alvin-o Williams, MEDA.

Tamela Woods (third-year student); Harvey Rupert, Third-year students (l to r) Alfred Coleman, Duncan Faegre & Benson, Professor John Matheson, Co-Director of McQueen and Matt Scheidt. the Kommerstad Center for Business and Entrepreneurship. their legal studies. It was more than I Rahn found the clinic particularly could have hoped for the first year of helpful for her, because she aspires to implementation.” practice transactional law.

Toni Rahn, class of 2003, was among Looking ahead,Alton would also like the students who participated in the to attract additional funding for the clinic’s first year.“I got real face time new clinic.The Kommerstad Center’s with real clients. It teaches you to annual report noted,“Our best avenue think on your feet. It teaches you to be for funding this program may be to prepared.You have real deadlines. It alumni who strongly believe that we gives you that level of real-world are addressing a critical unmet need in responsibility that the rest of law legal education.” ♦ school doesn’t give you,” says Rahn. Rahn primarily worked helping with By Burl Gilyard. Gilyard is a Minneapolis-based clients who were starting businesses on freelance writer and a 1992 graduate of the Steve Fenlon, Faegre & Benson; and University of Minnesota. choice of business entity issues.“I Leah Bailey (third-year student). highly recommend it to anybody who asks me about it. I found it invaluable.”

Law Alumni News ♦ FALL 2003 27 Law School News

The University of Prishtina Law School shares this building with the School of Economics (the law school occupies the right half). The school has about 2,500 students, who are studying to practice as lawyers and also to take senior positions in the civil service and police service.

vention brought an end to the civil strife in the country, a delegation of five representatives of the Prishtina faculty visited Minnesota for a week to observe America methods of legal education.They were essentially restarting a law school there. Our students were particularly sympathetic to their plight, donating many books for the reestab- lishment of the law school library. Thompson-West (formerly West Pub- lishing) also contributed a number of hornbooks.

Other Minnesotans have ties with the area as well. Federal District Judge John Tunheim is the U.S. judiciary’s Professor Morrison principal representative in a project to establish a functioning, independent Lectures in Kosovo judiciary. For the past year four Min- nesota state district judges have been rofessor Fred Morrison, The Law School has a strong link with serving on temporary assignment as chair of the Law School’s the University of Prishtina law faculty. members of the local judiciary, trying International Programs Shortly after NATO and U.S. inter- war crimes and other cases. ♦ Committee, presented a paper this summer at an internationalP symposium in Prishtina, Kosovo, on the “Legal and Political Position of Kosova According to Res- olution 1244 of the Security Council of the United Nations.”The symposium addressed the issue of “final status” for the territory. It is currently administered as an international pro- tectorate, governed by a United Nations represetive, assisted by international troops, police, and civil administrators.There is also an elected Assembly, with a President and a Prime Minister.The vast majority of the local population are Albanian- speaking and would prefer independent, sovereign status, with a seat in the Professor Morrison (2nd from right) with members of the University of U.N. Serbia still considers the territory Prishtina law faculty in the reference room of the Prishtina law library.The to be one of its provinces. Even the extensive collection of American casebooks and hornbooks (on shelves at name of the country is controversial: right) were contributed by Minnesota students and by West Publishing. the Albanian population call it Kosova, while the Serbs call it Kosovo.

28 Law Alumni News ♦ FALL 2003 Law School News Instigating Change for the Long Haul Order of Law School Hosts DWI Task Force the Coif

or more than 20 years, the For seven years, $50,000 in annual 2003 Law School has played host federal funding supported the group’s to the Minnesota Criminal work and the informal group became Justice System DWI Task an official task force of the state. But Christine Ailabouni Force, an affiliation of law since funding dried up more than a Fenforcement officers, prosecutors, decade ago, the group has largely Kathleen Austin judges, and citizen activists working existed on volunteer efforts and Rebecca Bernhard to strengthen and improve laws and Law School support. Simon donates practices for dealing with drunken his time to the group and allots his Rozina Bhimani drivers.The Law School’s participation, research assistants’ time to task lead by Professor Steve Simon, is just force projects. Beth Blankers one example of how University of Minnesota faculty and researchers The task force—a group of 20–30 Nathan Brennaman engage the community in which people meet monthly—continues to they live. push for changes and refinements in Mary Pat Byrn DWI laws. Currently, the group is hop- Launched in the early ’80s, the task ing to amend several technical aspects Keith Campbell force was instrumental in many of the of the DWI law that deals with youths early changes made to DWI laws.At who test positive for any level of alco- Travis Heidorf the suggestion of a colleague, Simon hol in their blood.The task force is also assembled a panel of legal experts and debating whether changes should be Cedar Holmgren citizens who had experience with made in the process for handling test Rachel Hughey enforcing Minnesota’s drunk driving results—changes that could make the statues. Simon, a former prosecutor for process easier and more efficient. Jennifer Jacobs the City of Minnetonka, also had ample experience in bringing DWI Funding enforcement of DWI laws is Hansem Kim cases to trial.As a task force, Simon also a key issue. Local municipalities says,“We were quickly able to identify often have inadequate resources for Jordan Kolar both some problems with existing law dealing with aspects of DWI, Simon and some areas where new legislation says, from being able to handle test Melissa Listug Klick might be needed.”As the de facto head samples correctly to finding enough of the committee, which still meets jail space for repeat offenders.The tax Ryan Marth regularly in one of the Law School’s force has called for and continues to courtrooms, Simon was charged with advocate a tax on alcohol that would Steven McLaird finding a legislator to sponsor the fund DWI enforcement activities.Two group’s proposed legislation. independent surveys found that more Nicole Narotzky than 85 percent of Minnesotans are in Michael Ostrem “In the early ’80s there was a tremen- favor of such a tax. dous focus on DWI and the health, Ferhat Pekin death, and injury related to such behav- Getting involved in civic affairs is ior,” Simon says.“It was a good time to increasingly an aim of the University. Katie Sherburne get things through the legislature.” Simon says he’s doing just that.“I’m combining ivory tower research with Andrew Shoenthal The group pushed proposals that led to real world activity, bringing the laws making it a crime to refuse an practice of criminal justice into the Zvi Silver evidentiary test for alcohol and allowed law school.” ♦ law enforcement to seize license plates Greg Smith from the vehicles of repeat offenders. By Joel Hoekstra. Hoekstra is a freelance “That’s a very simple intervention that writer, who writes for numerous regional and Bart Torvik national publications. has a tremendous effect on recidivism,” Julian Zebot Simon says.

Law Alumni News ♦ FALL 2003 29 Law School News

and should interact with preexisting Deinard Memorial Lecture social categories of race and ethnicity. Scholars included in our project are: on Law & Medicine Professors Troy Duster, Ph.D., (New York University and University of he Joint Degree Program California, Berkeley); Phyllis Griffin in Law, Health & the Life Epps, J.D. (University of Houston); Sciences is delighted to Evelynn Hammonds, Ph.D. (Harvard join with the University’s University); Jonathan Marks, Ph.D. Center for Bioethics in (University of North Carolina, announcingT a new lecture beginning Charlotte); Michael Omi, Ph.D. in 2003–04 in memory of Amos S. (University of California, Berkeley); Deinard, Sr. and Benedict S. Deinard. Dorothy Roberts, J.D. (Northwestern The Deinard brothers were founding University); Charmaine Royal, Ph.D. partners of the Minneapolis-based law (Howard University); and University of firm of Leonard, Street and Deinard. Minnesota Professors Donna Arnett, Both attended the University of Min- Ph.D.; Rose Brewer, Ph.D.; Colin nesota Law School and Harvard Law BENEDICT S. DEINARD Campbell, Ph.D.; Jeffrey Kahn, Ph.D., M.P.H.;Vivek Kapur, Ph.D.; Harry Orr, Ph.D.;William Toscano, Ph.D.; and Susan Wolf, J.D.The Principal Investi- gator on this grant is Jonathan Kahn, 11:30am–1:00pm in the Mississippi J.D.,Ph.D. (Consortium, Center for Room at Coffman Memorial Union. Bioethics).This was the first NIH grant Professor Troyen Brennan, J.D., M.D., originated by the Consortium. M.P.H.of Harvard University will dis- cuss “The Crisis in Patient Safety and The Consortium also submitted in Malpractice: Fixing Law and Medi- June 2003 an ambitious two-year grant cine.” Please visit the website at proposal on “Managing Incidental www.jointdegree.umn.edu for details Findings in Human Subjects or join the mailing list by calling Research.” If funded, this project’s 612-625-0055 or Principal Investigator will be the e-mailing [email protected]. ♦ AMOS S. DEINARD, SR. Consortium’s Chair, Professor Susan Wolf, J.D..The Co-Investigators will be the Consortium’s Research Associate, Consortium Lisa Jones, Ph.D.; Professors Charles School.Amos Deinard was widely Nelson, Ph.D. and Michael Georgieff, known for his persistent work to elim- Receives First M.D. (Directors, Center for Neurobe- inate discrimination in hiring. havioral Development); and Professor Appointed to the Minneapolis Fair Federal Grant Jeffrey Kahn, Ph.D., M.P.H.(Director, Employment Practices Commission in he Consortium on Center for Bioethics).This project too 1945 by Mayor Hubert H. Humphrey, Law and Values in would involve an eminent national he served on the Commission for 17 Health, Environment group of scholars: Professor Ellen years, 15 of them as chairman. Bene- & the Life Sciences is Wright Clayton, J.D., M.D. (Vanderbilt dict Deinard was a successful trial delighted to report its University); Joel Fletcher, M.D. (Mayo lawyer and one of four civilians asked firstT federal grant award. Clinic); Professor Kathy Hudson, Ph.D. to participate in the Nuremberg war (Johns Hopkins University); Judy Illes, crimes trials.A fund has been estab- In July 2003 the National Human Ph.D. (Stanford University); Professor lished in their memory to sponsor lec- Genome Research Institute (NHGRI) Barbara Koenig, Ph.D. (Stanford tures on law and medicine. at the National Institutes of Health University); Professor Lisa Parker, Ph.D. (NIH) confirmed its decision to fund (University of Pittsburgh); Sharon The Joint Degree Program and Center the grant proposal that the Consortium Te rry, M.A. (President, Genetic for Bioethics have been working close- submitted in July 2002 on “Colliding Alliance); and University of Minnesota ly with Professor Amos S. Deinard, Jr. Categories: Haplotypes, Race & Professors Dale Hammerschmidt, (pediatrics) and his sister Miriam Kelen Ethnicity.”This two-year, $564,300 M.D.;Vivek Kapur, Ph.D.; to establish the Deinard Memorial project involves an eminent national Richard King, M.D., Ph.D.; and Lecture on Law & Medicine.The group of scholars to analyze how the Bonnie LeRoy, M.S. ♦ inaugural lecture will take place on information emerging from haplotype Thursday, February 26, 2004 from mapping of the human genome will

30 Law Alumni News ♦ FALL 2003 Faegre & Benson Lecture Series on Law, Health & the Life Sciences Health Privacy The Consortium on Law and Values in Health, Environment & the Life Conference Sciences and Joint Degree Program in Law, Health & the Life Sciences ach year the Joint Degree are pleased to announce their 2003–04 Lecture Series, sponsored by Program in Law, Health & the law firm of Faegre & Benson.All lectures take place from 11:30 the Life Sciences and the Consortium on Law and am to 1:00 pm Coffman Memorial Union on the East Bank Campus Values in Health, Environ- of the University of Minnesota.This year’s series focuses on cutting- Ement & the Life Sciences co-sponsor a edge issues in the conduct of human subjects research. 1.5 CLE cred- full-day conference.This year’s topic its will be requested for each lecture. was “The Limits of Personal Privacy: Biomedical Information in Public Wednesday, October 29, 2003 Health, Population Genomics & Mass Disasters.”The April 3, 2003 confer- Professor Jeremy Sugarman, M.D., M.P.H.,M.A. ence aimed to identify ethical and legal (Duke University) presented “Solutions to the Crisis in problems posed by the use of individu- Human Subjects Research: From Pillar to Post?” Jeremy als’ health information in public health Sugarman is Professor of Medicine and Philosophy and research; to outline current and emerg- founding Director of the Center for the Study of Med- ing solutions to the ethical and legal ical Ethics and Humanities at Duke University. His challenges of using personal biomedical research focuses on informed consent, research ethics, information in genetic research; to and the ethical issues associated with emerging tech- analyze challenges in maintaining the nologies. He is co-editor of Beyond Consent (1998), Ethics of Research with privacy of personal health information Human Subjects (1998), and Methods in Medical Ethics (2001). while meeting the requirements of regulations under HIPAA; and to artic- Wednesday, December 3, 2003 ulate privacy challenges posed by Professor E. Haavi Morreim, Ph.D. (University of preparation for bioterrorism or other Tennessee) presented “Medical Devices:A Different mass disasters. Twist on the Ethics and Law of Research Protections.” E. Haavi Morreim is Professor of Bioethics and Profes- The conference featured the nation’s leading speakers on these issues includ- sor of Health Services and Policy Research at the Uni- ing: Professor George Annas, J.D., versity of Tennessee’s College of Medicine. She also M.P.H.(Boston University); Honorable chairs the Independent Patient Advocacy Council Mike Hatch, J.D. (Minnesota Attorney created to serve patients enrolled in the AbioCor artifi- General); Professor Kathy Hudson, cial heart trial. She is the author of Balancing Act:The New Medical Ethics of Ph.D. (Johns Hopkins University); Jan- Medicine’s New Economics (1995) and Holding Health Care Accountable (2001). lori Goldman, J.D. (Director, Health Privacy Project); and Professor Larry Wednesday, March 10, 2004 Gostin, J.D., LL.D. (Georgetown and David Korn, M.D. will present the third lecture of the Johns Hopkins Universities). Senior series. Dr. Korn is the Senior Vice President for Biomed- Vice President for Health Services ical and Health Sciences Research at the Association of Frank Cerra, M.D. and Regent Patricia American Medical Colleges (AAMC) in Washington, Simmons, M.D. provided the opening D.C. He previously served as Carl and Elizabeth Nau- remarks. Commentators included: Pro- mann Professor and Dean of the Stanford University fessor Donna Arnett, Ph.D. (School of School of Medicine and as Vice President of Stanford Public Health);Twila Brase, R.N. (Pres- University. He was a founder of the California Transplant ident, Citizens’ Council on Health Care); Michael Caldwell, M.D. (Direc- Donor Network and more recently, a founder of the Association for the tor, Marshfield Clinic Research Foun- Accreditation of Human Research Protection Programs, a nonprofit member dation); Professor Timothy Church, corporation created to enhance and make more uniform the protection of Ph.D. (School of Public Health); Keith human participants in medical research. He is a member of the Institute of Dunder, J.D. (Office of the General Medicine of the National Academy of Sciences, and a founder of the Clinical Counsel);Associate Dean John Research Roundtable. His recent research and writing focuses on issues of Finnegan, Ph.D. (School of Public health and science policy, topics in which he has been heavily engaged on the Health); Don Gemberling, J.D. (Infor- national scene. mation Policy Analysis Division, Min- nesota Department of Administration); All lectures are free and open to the public. Parking is available in the Professor Jamie Grodsky, J.D. (Law East River Road Garage on Delaware Street behind Coffman Union. School); Professor Oren Gross, LL.M., For more information call (612) 625-0055, e-mail at [email protected], or visit www.lifesci.consortium.umn.edu. Maps may be found at http://onestop.umn.edu/Maps/index.html. Law Alumni News ♦ FALL 2003 31 Lunch Series on the Societal Law School

Implications of the Life Sciences S.J.D. (Law School); Hubert H. Humphrey, III, J.D. (School of Public The Consortium on Law and Values in Health, Environment Health); Professor Steve Jacobsen, M.D., Ph.D. (Mayo Medical School); & the Life Sciences and Joint Degree Program in Law, Health & the Professor Jeffrey Kahn, Ph.D., M.P.H. Life Sciences announce their 2003–04 Lunch Series.This year’s series (Center for Bioethics); Professor focuses on agricultural and environmental ethics and policy. Bonnie LeRoy, M.S. (Genetic Counseling Program); Professor Monday, September 22, 2003, 12:15–1:15pm Michael Osterholm, Ph.D., M.P.H. (Center for Infectious Disease Coffman Memorial Union, Mississippi Room Research and Policy); and Kip Sullivan, Professor Dale Jamieson, Ph.D., lectured on “Science, J.D. (Minnesota Physician-Patient Ethics, and the Animal Protection Movement.” Dale Jamieson Alliance). Dean Alex Johnson, Jr., J.D. is the Henry R. Luce Professor in Human Dimensions of (Law School) gave the lunch introduc- Global Change at Carleton College and Adjunct Scientist in tion. Professor Susan Wolf, J.D. (Law the Environmental and Societal Impacts Group at the School, Medical School, Center for National Center for Atmospheric Research. He is the editor Bioethics) and Dean Mark Becker, of A Companion to Environmental Philosophy (2001) and author of Morality’s Ph.D. (School of Public Health) acted Progress: Essays on Humans, Other Animals, and the Rest of Nature (2003). as moderators for the day.

Conference participants were given Monday, November 17, 2003, 12:15–1:15pm handouts including background arti- Cargill Genomics Building, Room 105 cles, relevant Minnesota legislation and Professor David Ehrenfeld, M.D., Ph.D., lectured on proposed legislation, and the text of an “Globalization and Biodiversity.” David Ehrenfeld is Profes- important recent decision by an sor of Biology in the Department of Ecology, Evolution, and Administrative Law Judge.Videos of Natural Resources at Rutgers University’s Cook College. the speeches and links to the materials He has studied the behavior and sensory physiology of ani- in the handout may be found on the mal orientation and navigation in sea turtles. His most websites at www.jointdegree.umn.edu recent book is Swimming Lessons: Keeping Afloat in the Age of Technology (2002). and www.lifesci.consortium.umn.edu. Additional sponsors for the privacy Tuesday, February 10, 2004, 12:15–1:15pm conference included the University of Coffman Memorial Union, Mississippi Room Minnesota’s Academic Health Center, Professor Eric Freyfogle, J.D., will lecture on “Ecology, School of Public Health, and the Law ♦ Ethics, and Private Land.” Eric Freyfogle is the Max L. Rowe School. Professor of Law at the University of Illinois College of Law. His writings include The Land We Share: Private Property and the Common Good (2003), an inquiry into the private owner- ship of nature; Bounded People, Boundless Lands: Envisioning a New Land Ethic (1998); and Justice and the Earth (1993). Tuesday,April 13, 2004, 12:15–1:15pm Cargill Genomics Building, Room 105 Professor Marion Nestle, Ph.D., M.P.H., will lecture on “The Ironic Politics of Obesity.” Marion Nestle is Professor and Director of Public Health Initiatives in the Department of Nutrition, Food Studies, and Public Health at New York University. Her research focuses on analysis of the scientific, social, cultural, and economic factors that influence dietary recommendations and practices. She is the author of Food Politics: How the Food Industry Influences Nutrition and Health (2002).

All events are free and open to the public.To reserve a lunch, please register no later than one week before each event by calling 612-625-0055 or emailing [email protected]. Coffman Union parking is available in the East River Road Garage on Delaware Street behind Coffman Union. For the Cargill Building, park at the Gortner Parking Ramp on Gortner Avenue across from Peters Hall. Maps may be found at http://onestop.umn.edu/Maps/index.html. 32 Law Alumni News ♦ FALL 2003 Law School News The John Dewey Lecture in the Philosophy of Law

rofessor Cass R. Sunstein presented The John Dewey Lecture in the Philosophy of Law entitled “Moral Heuristics: How Simple PMoral Rules Produce Big Moral Blun- ders” on September 24, 2003. Cass Sunstein is the Karl N. Llewellyn Dis- tinguished Service Professor Jurispru- dence at the University of Chicago Law School and is a member of the Department of Political Science as well as the Law School. Library Professor Sunstein graduated in 1975 Installation from Harvard College and in 1978 from Harvard Law School magna cum Former Dean Tom Sullivan laude.After graduation, he clerked for and current Dean Alex Justice Benjamin Kaplan of the Massa- Johnson celebrated with chusetts Supreme Judicial Court and CASS R. SUNSTEIN Rada Fredrikson the Justice Thurgood Marshall of the U.S. Supreme Court. Before joining the installation of a portrait of The Lectureship is named in honor of faculty of the University of Chicago Harold M. and Rada N. John Dewey,American philosopher, Law School, he worked as an attorney- Fredrikson in the Law educator, and scholar.A proponent of advisor in the Office of the Legal Library reading room Counsel of the U.S. Department of the philosophy of legal realism, Justice. Professor Sunstein has testified Dewey’s philosophy of pragmatism named in their honor. before congressional committees on related his conception of a moral life Mrs. Fredrikson created a many subjects, and he has been to a variety of contemporary social, major endowment for the involved in constitution-making and economic, and political issues. Dewey Library in memory of her law reform activities in a number of nations, including Ukraine, Poland, lived from 1859 to 1952 and spent late husband. China, South Africa, and Russia.A one year as a professor of philosophy member of the American Academy of at the University of Minnesota. Arts and Sciences, Professor Sunstein was the Samuel Rubin Visiting Profes- sor of Law at Columbia, a Visiting Pro- ceiving the Regulatory State (1990), Con- fessor of Law at Harvard, vice-chair of stitutional Law (1995) (co-authored the American Bar Association (ABA) with Geoffrey Stone, Louis M. Seid- Committee on Separation of Powers man, and Mark Tushnet), The Partial and Governmental Organizations, chair Constitution (1993), Legal Reasoning and of the Administrative Law Section of Political Conflict (1996), Free Markets and the Association of American Law Social Justice (1997), Administrative Law Schools, a member of the ABA Com- and Regulatory Policy (1998) (with Jus- mittee on the future of the FTC, and a tice Stephen Breyer and Professor member of the President’s Advisory Richard Stewart and Matthew Committee on the Public Service Spitzer), One Case At A Time (1999), Obligations of Digital Television Republic.com (2001), Risk and Reason Broadcasters. (2002), The Cost-Benefit State (2002), and Punitive Damages: How Juries Decide Professor Sunstein is author of many (2002). He is now working on various articles and a number of books, includ- projects involving the relationship ing After the Rights Revolution: Recon- between law and human behavior. ♦

Law Alumni News ♦ FALL 2003 33 Law School News

Humphrey Institute, undertake a Pro- fessional Affiliation relating to their mid-career objectives, and fulfill all the other required elements of the Interna- tional Humphrey Fellows Program.

The Human Rights Center at the University of Minnesota’s Law School was established in 1988.The principal focus of the Center is to help train effective human rights professionals and volunteers. In addition to the Human Rights Center, the University also has several other centers/programs specializing in human rights issues, including the Human Rights Program in the Institute for Global Studies, the Center for Holocaust and Genocide Studies in the College of Liberal Arts, the International Women’s Rights Action Watch at the Humphrey Insti- tute, and the Race and Poverty Insti- Humphrey Institute and Law tute at the Law School.There is also a very strong Minnesota human rights School Launch Collaborative community including the American Refugee Committee, the Center for Human Rights and Law Program Victims of Torture, the International Leadership Institute, the Institute for n 2003 the University of Min- Law/Human Rights Humphrey Fellows Agriculture and Trade Policy, Minneso- nesota’s Hubert H. Humphrey at the U.S. Capitol (left to ta Advocates for Human Rights and the Resource Center for the Americas. Institute and Law School right): Gil DeLosReyes, Philippines; launched a human rights and Brahim Zaim, Morocco;Toni The links between the Minnesota law component to the Interna- Pierre,Trinidad;Aran Khachatryan, Itional Humphrey Fellows program at human rights community and the Armenia; and Mustaque Ali, the University.This collaborative pro- international human rights community Bangladesh. gram allows Humphrey Fellows to enhance the work of the Fellows both continue their professional develop- when they are in Minnesota and when ment and career work in the fields of Meredith McQuaid, law school profes- they return to their home countries. law and human rights as well as to ful- sors, and other lawyers from the com- The Law School and Human Rights fill the program goals in public policy munity.The course is offered simulta- Center facilitate law and human rights and administration.The outstanding neously to the Humphrey Law & learning opportunities, as well as pro- resources available at the Law School, Human Rights Fellows together with vide advice, support, and guidance Human Rights Center, and the rest of the candidates for the Law School’s throughout the year. the University make it possible for Fel- LL.M. degree. Hence, this introductory lows to learn about global and human course helps to involve the Humphrey Most importantly, the Law School and rights issues. Fellows may study topics, Law & Human Rights Fellows in the Human Rights Center cooperate with such as the relationship between trade Law School community. Upon suc- the Fellows in coordinating Profession- and human rights, institutional and cessful completion of this course, the al Affiliations and finding opportunities constitutional frameworks for the Fellows may take courses at the Law for the Humphrey Law & Human national enforcement of human rights, School to enhance their knowledge of Rights Fellows to have practical expe- mechanisms for international imple- specific areas of interest in law and riences relevant to their interest with mentation of human rights standards, human rights. Professor David Weiss- legal and human rights organizations, and the interdependence of domestic brodt serves as the academic advisor law firms, government agencies, and and international policies. for the Humphrey Law and Human other institutions throughout Min- Rights Fellows and works with several nesota and the United States.The pro- As a fundamental basis for their Law professors in teaching the course in gram has been designed to provide an School experience Humphrey Law & “International Human Rights Law.” intensive program in legal and human Human Rights Fellows take the two- The Humphrey Law & Human Rights rights education and to afford oppor- credit “Introduction to American Law” Fellows also complete the “Global tunities for practical experience in course taught by Associate Dean Commons” coursework at the the field. ♦

34 Law Alumni News ♦ FALL 2003 Law School News

Pictured are (l to r) Suzanne Thorpe,Associate Director of Public Services for the Law Library, Nancy McCormick, and Joan Howland,Associate Dean for Program Examined Civil Liberties Information Technology and in the Wake of 9/11 Roger F. Noreen Professor of Law.

n April 28, 2003, attorneys Presenters and moderators for the Nancy and students attended a April 28, 2003 program,“Selling Our presentation and panel dis- Birthright? Trading Civil Liberties For McCormick cussion/CLE in Lockhart Security In The Aftermath Of 9/11,” celebrated 39 years of service OHall at the University of Minnesota included, from left to right, Howard at her retirement party on May Law School entitled,“Selling Our (Sam) Myers III, Lena Afary (class of 8, 2003, with members of the Birthright? Trading Civil Liberties For 2004), Lee Gelernt, Sumbal Mahmud Security In The Aftermath Of 9/11.” (’03), Clinical Professor Carl Warren, Law Library and Law School The program was sponsored by the Kate Glover (class of 2004) and staffs, faculty, colleagues, family law school’s American Constitution Art Eisenberg. and friends. She started at the Society, National Lawyers Guild, Min- Law Library in 1964 and nesota Justice Foundation, Muslim Law Lee Gelernt, who argued the North Student Association, Black Law Stu- Jersey Media Group, Inc. and Detroit worked her way up the ranks dent Association, Human Rights Cen- Free Press cases before the Third Circuit until she became Head of ter and Civil Rights Moot Court. It and Sixth Circuit Courts of Appeals Circulation/Reserve. In addition was a follow-up to the 2002–2003 respectively and was attorney of record to the day to day management William E. McGee National Civil on the North Jersey Media Group, Inc. Rights Moot Court Competition case before the United States Supreme of circulation and reserve, she which focused on the conflict between Court, addressed the constitutionality was responsible for stack our need for security and our desire to of blanket closure of deportation pro- management, library facility preserve civil liberties and an open ceedings.Art Eisenberg, who submitted management (use of society in the wake of 9/11.The panel amicus briefs on behalf of the ACLU of speakers consisted of Lee Gelernt, and New York Civil Liberties Union conference rooms, carrel Senior Staff Counsel at the ACLU’s Foundation in Hamdi v.Rumsfeld, and assignments, etc.), and library national Immigrants’ Rights Project; Padilla ex rel. Newman v.Bush, exam- security. Nancy was a Art Eisenberg, Legal Director of the ined the constitutional implications of wonderful colleague to all in New York Civil Liberties Union and the indefinite detention of individuals an adjunct professor of Constitutional who are designated “enemy combat- the Law School and her and Civil Rights Litigation at the Uni- ants” or “material witnesses.” Sam selfless dedication to her work, versity of Minnesota Law School; Myers spoke to the U.S.A. Patriot Act her commitment to service, Howard (Sam) Myers III, co-Founder I, the interim security regulations and her encouragement and of Myers and Thompson, P.A.,a Min- adopted by the administration and the neapolis firm with a national immigra- proposed U.S.A. Patriot Act II. Lena support for others have tion practice and law students Lena Afary and Sumbal Mahmud, shared been exceptional. Afary and Sumbal Mahmud. Clinical their perspectives regarding life and Professor Carl Warren and law student civil liberties in the United States fol- ♦ Our thanks to you, Kate Glover served as moderators. lowing 9/11. Nancy.

Law Alumni News ♦ FALL 2003 35 Law School News

Loevinger, Donald Fraser,Walter Mon- dale, Robert Sheran,Alan Page, Diana Murphy and Harry MacLaughlin are just a few of the individuals who joined Larson & Lindquist and its suc- cessor firms and committed their lives to public service.The commitment remains at the core of Lindquist & Vennum today.

To comprehensively cite Leonard’s public service requires a manuscript— literally.A tiny sample of highlights includes: Chair of the Railroad Ware- house Commission for the State of Minnesota; State Representative in the Legislature; Mayor’s Commission on Human Rights; Minnesota Higher Education Coordinating Committee; and Chair of the Fair Employment Practices Commission for the City of Leonard Lindquist Receives Minneapolis. He was a candidate for Congress and a trusted advisor to both Outstanding Alumni Award Republican and Democrat office holders. he distinguished Leonard Leonard Lindquist speaking at the E. Lindquist, class of annual William B. Lockhart Dinner, Professionally, Leonard was a pioneer 1939, received the Uni- October 16, 2003. and architect of many modern media- versity of Minnesota tion and arbitration techniques used in Outstanding Achievement edge as an Adjunct Professor at the the legal profession today. He spear- AwTard at the 2003 annual Lockhart School of Management and the Law headed innovations in the use of alter- Dinner on October 16, 2003, in the School.And his own law firm, native dispute resolution and served on company of his wife, Bernadette, fami- Lindquist & Vennum, endowed a the National Board of Directors of the ly and friends. scholarship in his name at the Law American Arbitration Association. He School to honor Mr. Lindquist. was appointed by the Minnesota The University of Minnesota Out- Supreme Court to head the committee standing Achievement Award is the Mr. Lindquist was born in Minneapolis implementing arbitration rules for no- highest honor bestowed upon alumni to Swedish immigrant parents. His fault insurance in Minnesota, and by the Regents. It is conferred on father died when Lindquist was 13, remained a life-long member of the graduates who have attained unusual and he became the breadwinner for his American Arbitration Association. distinction in their chosen fields or family. During his teens and twenties professions or in public service, and he often hopped freight trains to work Leonard served as special master in who have demonstrated outstanding in the fields and the iron mills in other numerous court cases, including sex leadership on a community, state, parts of the country. He graduated and race discrimination matters, Indian national or international level. from the University of Minnesota in tribal disputes, including contentious 1937 and from our Law School in disputes such as the Bureau of Engrav- Leonard Lindquist has been one of the 1939, where he was a member of Min- ing strike.At the conclusion of the lat- most distinguished alumni of the Uni- nesota Law Review. He worked at the ter, then-Police Chief Tony Bouza versity of Minnesota for over sixty National Labor Relations Board in famously pronounced,“Thank God for years. His ties to the University are Washington, D.C. until he entered the the Peacemaker!” many, including the scholarship fund United States Navy in 1942. He served he established in the Theatre Depart- in the European,African and Pacific In the 1960s Mr. Lindquist was instru- ment to honor his first wife, the late Theaters until 1946. mental in creating the National Foot- Elsie. His law firm endowed a Profes- ball League Players Association. He sorship at the Law School, and his first When Mr. Lindquist returned from the served as counsel to the NFLPA for law partner created the Earl R. Larson war, he and Earl Larson carried out the years and has been recognized by the Chair in Civil Rights and Civil Liber- vision of their mentor, Dean Everett organization with a lifetime achieve- ties Law. Lindquist served on both the Fraser, and formed a law firm whose ment award. Law Alumni Association Board of lawyers would make community Directors and the Law School Board involvement an important part of their One of many initiatives close to of Visitors. He shared his vast knowl- professional lives. Orville Freeman, Lee Lindquist’s heart is the truly creative

36 Law Alumni News ♦ FALL 2003 Law School News

By Special Request the speech delivered by Leonard wont to do, I might tell Earl that we had fulfilled our com- Lindquist when he received the University of Minnesota mitment to community life; but I am sure that Larson would Outstanding Achievement Award at the William B. reply that work within the community is never finished. Lockhart Dinner on October 16, 2003 is reprinted below. My personal law practice in the beginning was representing organized workers or those wishing to be organized. I rep- ood evening. I am truly honored to receive this resented Minnesota professional nurses, Honeywell Local award.The University has always been near and dear 1145 union consisting of about 13,000 members and the to my heart. I have been indebted to the men and G professional football players out of Washington, D.C. women who opened the eyes of a poor, laboring kid to the wonders of a liberal education. It was an education that has When I retired from the practice of law, in 1975, I moved opened so many doors and has hopefully allowed me to live into arbitration and mediation work on a nationwide basis. a productive life. In the old days, we would hear many industrial relation cases right here in the upper Midwest, but now most of First I kept energized by my hopes that someday I would be those plants are closed and we hear cases at Army and able to enter the Law School doors as a student.As part of Navy facilities and defense plants in the South. My life now my desire to keep some cash flow going, I rode the rails out is dedicated to working with communities; establishing role to the wheat fields of Montana in 1927 and during the great models for kids that are at risk, and keeping life in the com- depression in 1930, there was no construction work, so I munity flowing with the help of volunteer mediation and rode the rails again out to the lumber mills of Aberdeen, arbitration centers.We all want to work for a better world Washington. I still didn’t have enough money accumulated before we leave but sometimes I wonder whether we live in to take care of my tuition arid living costs so I hitchhiked to a better world today than existed in 1927 when I was riding the potato country of northern Minnesota and there picked the rails to Montana. potatoes and then I was lucky enough to get a job on the steel gang during the building of the concrete grain eleva- However, I continue to be inspired by good people from all tors on Hiawatha Avenue. walks of life working with each other to keep their communities alive and well. Not everyone would have predicted that the University would be so gracious as to make this award. My friend and The law to me is identified with the rule of reason and for classmate, Justice Bob Sheran, used to say that I got through the most part, just common sense. My hope for the future is law school through a system of osmosis. Many times Bob that the University will continue to produce graduates who would find me asleep in the study hall with my head on the will recognize that a degree from the University bestows reading table and the books stacked up next to me. not only privileges of an education, but the obligations to the larger community. My further hope is that the doors of But good things happened to me in law school. One of the the University will remain open for those of limited means. best was getting to know Dean Everett Fraser. Dean Fraser That the citizens of the State will see the continuing benefit was not only my teacher, but he also provided a helping to provide educational opportunities, and that the citizens hand financially by granting me $200.00 a year in loans from voice—the Legislature—will respond accordingly. the fund provided by friends of the law school. Upon graduation, he recommended me for my first legal job with the My favorite song is Let there be peace on earth and let it begin National Labor Relations Board in Washington, DC. with me. My favorite letter is one received recently from a neighbor boy [a young man now] reading: Near the end of World War II, Earl Larson and I met on an aircraft carrier.There, we decided to follow Dean Fraser's “I will always remember your telling me that I could play in advice to open a law firm dedicated to the principle of keep- your yard when I was little and also to come in and play ing democracy alive and in so doing, establishing a firm with the train set.You have been a wonderful neighbor and where the lawyers would be encouraged to serve in public friend.” and community life with assurance that they had a home to come back to. I believe that many of you recall that part of That’s the kind of neighbor I want to be.That’s the kind of our law firm’s history when many of our lawyers moved on world I would like to see.Thank you for being here.Thank to become national and community leaders. If I were walking you for the Outstanding Achievement Award. It will be my around Lake of the Isles with Judge Larson today, as we were most treasured possession. inner-city organization he began with Although officially retired, Lindquist Former Supreme Court Chief Justice former Minnesota Vikings Jim Marshall goes into the office each day. He con- Robert Sheran wrote in his letter of and Oscar Reed. Professional Sports tinues to support and encourage the nomination,“Above all else, he had a Linkage, Inc. utilizes athletes, business firm’s pro bono program, which pro- deep concern for others and a limitless executives and celebrities to work with vides more than 7,000 hours of service capacity for sustained friendships—the at-risk youngsters in Minneapolis. per year. He leads the firm’s Winter qualities which have marked and Other passions include the North Closet program (which just received accounted for his extraordinary Hennepin Mediation Program and the Minneapolis Chamber’s Quality of professional career as a founder and Life’s Missing Link, where his work Life Award); it provides warm clothing leader of a remarkable law firm com- has included everything from Chairing to low-income families in the three mitted to professional excellence and the Board to working with youth “in cities in which Lindquist & Vennum public service.” ♦ the trenches.” has offices. Law Alumni News ♦ FALL 2003 37 Law School News

Class of 2006

Entering Class: 281(2387 applications received) 26 age 30 or over (9%) 125 women (44%) The range is from 20 to 44 years. 55 minorities (20%) Average age is 25 years. 8 international students Joint Degree Students: 16

Median GPA: 3.61 Median LSAT: 163 (90th percentile) 75th/25th: 165 and 3.82/160 and 3.36

38 Law Alumni News ♦ FALL 2003 sented Heaney with the Outstanding Achievement Award in 1967. Former Distinguished Alumni law clerks and friends established the Gerald and Eleanor Heaney Scholar- Senator Eugene] McCarthy. I guess ship for minority students at the Law Gerald W. Heaney they all played a role in recommending School. In May, 2001, the University of Minnesota awarded Judge Heaney an CLASS OF 1941 me to President Johnson, who I really didn’t know.” He has been based in honorary doctorate degree. udge Gerald Heaney has had a long Duluth with the court since his and distinguished career on the fed- appointment. Heaney will turn 86 years old in Janu- Jeral bench. President Lyndon ary, but seems to have given little Johnson appointed Heaney to the Heaney fought heroically in World War thought to the concept of true retire- United States Court of Appeals for the II, landing on D-Day in 1944 in ment.“I enjoy the work,”says Heaney. Eighth Circuit in 1966.“I had a lot of France. Heaney won numerous hon- “As long as my health and my mind are connections,” recalls Heaney.“I was ors, including a Silver Star for his brav- reasonably good, I enjoy doing what good friends with [Vice President ery in battle that day.The citation I’m doing and I’ll continue to do it.” Hubert] Humphrey and Orville Free- awarded to Heaney noted:“The man, class of 1946, was Secretary of undaunted courage and leadership Agriculture. Orville and I had gone to demonstrated by Lieutenant Heaney Ralph Strangis the law school together. I was also a reflect great credit upon himself and close friend of [then-U.S. Senator Wal- are in keeping with the highest tradi- CLASS OF 1960 ter] Mondale, class of 1956, and [U.S. tions of the Armed Forces.”After the alph Strangis is a lawyer from war, the Goodhue, Minnesota, the old school.“When I got out native worked in private prac- Rof law school in ’60 everybody tice in Duluth for 20 years did a little bit of everything,” recalls prior to this appointment. Strangis.“It was renaissance lawyering.” Over the years, the practice of law may Heaney took “senior status” have changed, but Strangis—a partner with the court when he with Kaplan, Strangis & Kaplan, PA, in turned 70 in 1988.“It essen- Minneapolis—still believes in the fun- tially means that you can do damentals.“We don’t advertise,” says as much or as little work as Strangis of his firm.“We believe it’s a your choose.You can sit either relationship business.”To this day, the in your home circuit or any firm has no web site for the same rea- other circuit in the United son.The partners figure that real busi- States,” says Heaney.“I’ve been ness won’t come from clients who find taking about two-thirds of the the firm via Google. load of an active district judge, and have decided to The firm, founded in 1978, focuses on spend most of my time in corporate law, ranging from nuts-and- our circuit.” bolts transactional law to mergers and acquisitions. Over the years, Strangis Heaney served as a member has found himself serving on several GERALD W. HEANEY of the University of Minneso- corporate boards for cargo carrier Fly- ta Board of Regents in ing Tiger Airlines, United Airlines, and 1964–65.The Regents pre- Life USA Holdings, Inc. Strangis still

Law Alumni News ♦ FALL 2003 39 Alumni Commons

losing some of its identity as a profes- time, with only nine attorneys. His sion where you counsel and advise name was added to the firm’s’ name in your clients and the value is in the 1971. For years the firm was known as relationship,” says Strangis, who notes Littler, Mendelson, Fastiff & Tichy.“I that he has no plans to retire just yet. was one of the quote ‘name’ partners “Not as long as I can continue to pro- for about 28 years,” recalls Tichy.The vide valuable service. I love what I do. firm recently returned to its pithier, I can only fish so much.” historic name.“We did that very frankly because we embarked on a national expansion and we invited oth- George J.Tichy, II ers into our firm who were name partners in their own firms or had very CLASS OF 1967 high recognition,” explains Tichy. eorge Tichy, Class of 1967, is one of those rare lawyers who Tichy has appeared before the labor Ghas spent his entire professional subcommittees of the United States career with the same firm.Tichy first Senate and the U.S. House of Repre- worked for the San Francisco-based sentatives. He has argued cases before Littler Mendelson, PC, as a summer the United States Supreme Court. associate in 1966.After graduation and Tichy also has co-authored a book RALPH STRANGIS a stint in the Coast Guard, he joined about labor relations and has served as the firm in February, 1968, and has been there ever since. Only one attorney has been serves on the board of TCF Financial there longer.“I’m the second Corporation. most senior member of the firm, out of about 400 attor- Strangis found himself featured in Twin neys,” notes Tichy. Cities newspapers and sports pages in recent years when he was retained by The firm’s forte is employ- the owners of the Minnesota Twins to ment law.“We specialize in find a new buyer for the team.“We’re representing employers in still engaged,” says Strangis of his employment and labor law,” client,“But there haven’t been any says Tichy.“I specialize in rep- buyers for the Twins.” resenting employers both private and public in employ- But there is more to life than business ment and labor law matters.” deals for Strangis. He’s served has been Today Littler Mendelson is on the Board of Trustees for the Min- the largest firm in the country neapolis Institute of Arts for eleven to focus on labor and employ- years, and just wrapped up a two-year ment law for employers. term as chair in July, 2003.“It’s a great institution for the community and it Littler Mendelson has 28 GEORGE J. TICHY, II was really an honor to serve,” reflects offices across the country, Strangis.“These are somewhat chal- including a nine-attorney lenging times for all cultural institu- branch in Minneapolis.Tichy tions. It was a wonderful opportunity has always been based in San Francisco. an Examiner for the U.S. Office of to me.” After college,Tichy wanted to escape Personnel Management for the selec- the sometimes unforgiving Minnesota tion of Administrative Law Judges. At one point, Strangis served an 18- winters.“I was originally from the month stint as chairman of the Min- West. I was from Spokane,Washing- Tichy is a past member of the Law nesota Racing Commission, which ton,” says Tichy.“I went to the Univer- Alumni Association Board of Directors regulates pari-mutuel racing in the sity of Minnesota in part on the rec- and the Law School Board of Visitors. state.“It was a kick, it was just a blast,” ommendation of my father.”Tichy’s For many years, he has served as a con- recalls Strangis.“I was appointed by father was a graduate of the University tributing editor to The Developing [Governor Rudy] Perpich.” of Oregon Law School where Wayne Labor Law, published by the American Morse, University of Minnesota class Bar Association’s section of Labor & Strangis would like to see younger of 1928, had been the Dean. Employment Law. lawyers return to the old ways.“My constant pitch is that the business has Tichy became a partner in 1970.The “I would say over the years that our become a commodity business and is firm was still relatively small at the firm has been involved in many of the

40 Law Alumni News ♦ FALL 2003 Alumni Commons cases which have set the legal standards government, working to reclaim antiq- were an awful lot of people who in the employment and labor law area, uities illegally taken out of Italy. weren’t very happy,” reflects Fischer.“It if you will,” reflects Tichy.“Obviously really gets me out of the law practice I’ve enjoyed the years of practice. In the wake of the 9/11 tragedy, and into an area that’s very fulfilling, it’s Probably the most enjoyable part has exporting goods into the U.S. has part of why my life as a lawyer contin- been to be able to work with clients become more complicated due to new ues to work. I love dancers, they’re and helping to solve their problems.” legislation. Fischer brings her expertise wonderful people to work with.” to Italian companies, helping them to navigate the current laws.“I do speak Cynthia G. in Italy fairly often,” she notes. Fischer Bruce W. Mooty is a member of the American Bar Fischer Association and the New York State CLASS OF 1980 Bar Commission on Franchising. he die was cast, it seems, for CLASS OF 1975 Bruce Mooty to pursue the ynthia Fischer grew up in St. Fischer earned her undergraduate Tpractice of law. His father John, Paul, but today her law practice degree at the University of Minnesota Class of 1944, uncle Melvin, Class of Cis global in scope. Fischer is a in Italian, a prescient choice given 1951, and brother David, Class of partner with the New York-based the path that her career would take. 1978, all preceded him at the Universi- Pavia & Harcourt, LLP,which special- “I think I was the only Italian major ty of Minnesota Law School. izes in representing the U.S. interests of at the University at that time,” Italian companies doing business jokes Fischer. domestically. Fischer recalls that Associate Dean Robert Grabb helped her land a clerkship in 1974 with Pavia & Harcourt. Fisch- er joined the firm fulltime in 1975 and was made partner in 1982.“In those days, firms in New York didn’t hire from the Midwest so I was very, very lucky to have that link,” recalls Fischer. Fischer’s family also had legal roots: her grandfather George D. Reed, Class of 1923, was a lawyer BRUCE W. MOOTY and well-known state legislator from Minnesota’s Iron Range.“That was one of the Once out of college, Mooty wanted to reasons I was interested in forge his own identity, apart from his law,” reflects Fischer. father’s firm. He practiced business law CYNTHIA G. FISCHER at Briggs and Morgan, PA, for years Domestically, Fischer serves as before joining the firm now known as general counsel for the cele- Gray, Plant, Mooty, Mooty & Bennett, Fischer’s specialties in franchising, brated architectural firm of Kohn Ped- PA, in 1993 when his father was bat- licensing, and distribution help her ersen Fox. (Founding principal William tling cancer.“Thankfully, his health has establish U.S. subsidiaries for her clients. Pedersen happens to be a 1961 alum- been great,” says Mooty.“It’s really “It’s a variety of interesting clients,” says nus of the University.) “They are a been just a match made in heaven for Fischer.“A lot of these are family com- very,very prominent and wonderful me. I love the people, I love the cul- panies, and I’m working now in many architectural firm.” ture. It’s been a great situation.” cases with the second generation of family that I’ve worked with.These But Fischer firmly believes that there is Mooty became Chairman of the Board companies tend to have a very loyal more to life than the practice of law. and Managing Officer of the firm in and deep relationship with their Her pro bono work includes serving as 2000, and has since scaled back his lawyers here. I’ve got some very dear the President of the Board of Directors own practice work—acquisitions and friends who I’ve met as clients.” Her for the nonprofit Career Transition for serving as outside general counsel for client list includes well-known names Dancers, which works to help dancers various companies—in favor of man- in the world of fashion (Prada) and find second careers.“I think it’s really agement duties. In 2002, the firm grew espresso (Lavazza), as well as companies important for lawyers to go outside of with the acquisition of Hall & Byers, dealing in fine wine and mosaics. Fis- the box. I went back to my law school PA, of St. Cloud.Today, Gray Plant cher also has represented the Italian reunion about five years ago and there Mooty has 155 lawyers and 350

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employees. In December, the firm’s Minneapolis office will take up resi- dence on three floors of the IDS Building.The firm currently ranks as one of the ten largest in the state of Minnesota.

In August, 2003, Mooty’s firm was honored by The Business Journal, which bestowed one of its “Great Places to Work” awards upon Gray Plant Mooty.“We were very proud of that,” says Mooty.“It’s an award that they give to companies that score very highly on benefits that they offer to their employees as well as employee’s attitudes about the place that they’re working.” Gray Plant was one of only two local law firms to be named.

Mooty has always been active in a host of volunteer and community activities. Mooty currently serves on the Board of Visitors at the Law School, on the board of the Fund for the Legal Aid Society, and as Vice President of the National Board for the University of Minnesota Alumni Association. He’s the past co-chair of the Business Law On-Going Careers Institute and past chair the Association Community Relations Committee of Alumni Adding Dimension to Their Lives and Others the Minnesota State Bar. Mooty has also been deeply involved in dedicating Raymond J. Marshall, class of 1952, his time to the Colonial Church of Raymond J. running the American Stroke Edina and the Edina Public Schools. Marshall Association’s half-marathon in Jamaica. Looking to the future, Mooty talks CLASS OF 1952 more about his firm than himself. and family members who have had “Professionally, we want to just want to aymond J. Marshall, Class serious strokes that have really handi- continue to really be a law firm that of 1952, turned 78 on capped them quite a bit,” says Marshall. allows people to have balance in their October 1, but shows no “I try to run to remember them, and life,” says Mooty.“We have really tried signs of slowing down. hopefully prevent a stroke myself.” RMarshall started running marathons When he’s in training, Marshall runs to maintain that balance of having a wonderful professional life.We also about 20 years ago and to date says 28–30 miles per week. want to have the ability to give back to that he has run 50 marathons across our community and we also feel that the United States and Europe. Marshall placed third in the “Over 75” it’s important to allow people to have class at the Disney World Marathon in family life.” ♦ While Marshall likes running, he also 2002. He’s retired form the practice of likes to connect his running with a law, but maintains an active license and By Burl Gilyard. Gilyard is a Minneapolis-based cause. In 2002 he raised $5000 for the occasionally does some work for fami- freelance writer and a 1992 graduate of the American Stroke Association, which ly and friends. Marshall has lived in University of Minnesota. garnered him an invite to the associa- Austin,Texas,for the last 10 years. tion’s second-ever marathon, which “They said Austin was Minneapolis was held in Jamaica.“The heat index without the snow,” jokes Marshall of on the course was 110,” recalls Mar- his move to the south. shall.“So I had to walk the last six miles, but I finished in a little under This fall, Marshall was looking forward six hours.” to running in his 51st marathon, the Marine Corps Marathon, where he will Marshall feels a special connection to again be raising money for the Ameri- the charity.“I have a couple of friends can Stroke Association.“You run

42 Law Alumni News ♦ FALL 2003 Alumni Commons around the Pentagon four times,” says ary of ’33,” reflects Flynn.“I was what I chambers. If the errant attorney Marshall.“You get a little tired of see- call a ‘county lawyer’.” In other words, couldn’t provide a reasonable explana- ing the Pentagon from different angles.” Flynn did a little bit of everything. tion,Winsor would direct them to send a contribution to the scholarship But he isn’t running for the scenery. He closed his practice for four years to fund or law school of their choice. “By the way, that running really keeps enter the service in World War II, “I would often get a letter back from your weight down,” says Marshall.“I including a two-year stint in England the dean saying ‘That’s great, do it see a lot of my friends dying off, and with the Air Force.“I did court marital some more,’” chuckles Winsor. that keeps me running.That keeps me work in England,” remembers Flynn.“I getting out there five days a week.” didn’t fly any airplanes.” If the judge was tardy, he would impose a fine upon himself and send a He worked as a solo practitioner for contribution to the University of Min- Thomas A. Flynn the bulk of his career, until he hired nesota Law School. Eventually, he CLASS OF 1932 fellow Law School alumni James A. recalls, litigators caught on to his sys- Schultz, Class of 1968, to join his prac- tem:“The word got around and I did- homas A. Flynn, Class of n’t have any late problems.” 1932, acknowledges that he tice. Flynn turned over his practice to doesn’t work as many hours Schultz in 1970 and moved to Sun as he once did.“I’m slowing City.“I thought I retired, but I didn’t,” Tup,” allows Flynn. But when an attor- jokes Flynn.“One thing leads to ney hits 94 years of age, you can for- another.” He earned his law license to give him for not trying to log as many practice in Arizona in 1973. billable hours as the clock will allow. Flynn still likes to return to Minnesota when he can.“I still miss it,” reflects Flynn.“When I go back, I go in the nursing home and find a few of my old clients there.”

Over the years, Flynn has remained a long-standing donor to the Law School.“I think I must have been a Partner in Excellence every year since they started. I can’t remember a year I didn’t give. I felt I owed the Law School something,” says Flynn.“I’ve ROBERT W.WINSOR been very fortunate.”

Since retirement,Winsor has had no Judge Robert trouble staying busy. He currently THOMAS A. FLYNN W. Winsor serves on the Governor’s Clemency and Pardon Board of the State of CLASS OF 1953 Washington. He’s served on the board “I still work Monday,Wednesday, and udge Robert W.Winsor, Class of for eight years, and has been chair for Friday mornings,” says Flynn, who 1953, retired in 1991 after nearly the last three years.“What we do is mainly handles estate and probate recommend to the governor whether issues from his office in Sun City,Ari- 20 years on the bench. He initially served as a Superior Court Judge he should grant a requested pardon or zona.“I don’t do any formal court J reduction of sentence.The governor work anymore.”What about retire- in the state of Washington (akin to District Court in Minnesota) and in makes his own decision, but he usually ment? “Yeah,I think about it every follows our recommendation,” says year,” allows Flynn.“But I never get 1987 he was appointed to the Wash- ington State Court of Appeals. Winsor.“I find it very satisfying.”The around to it. I enjoy the business. I like board hears 40–50 cases per year.Win- to see people.” During his days on the bench,Winsor sor estimates that they grant a pardon or clemency in 10–15 cases annually. Flynn graduated from the University of often grew frustrated with lawyers who would arrive late for proceedings. Minnesota Law School 71 years ago. Winsor also sits on a unique commit- For years, he practiced in the small In response,Winsor says,“I devised a scheme that worked awfully well.” If tee created by the state Supreme Court town of Houston, Minnesota, in the to help ensure that defendants in death southeastern corner of the state, not far a lawyer was late filing a brief or coming back from lunch,Winsor penalty cases in Washington have com- from Winona.“I opened my office petent legal representation.The com- there during the Depression in Febru- would call both lawyers into his

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mittee was created after that court “This will be another challenging year found that there were an inordinate at the legislature,” allows Gardebring. number of death penalty cases being “It’s possible there would be have to be reversed due to the incompetence of additional cuts. It’s too early to say. I counsel.The committee screens lawyers think we’re well positioned, but I think before they can be approved to work we’re not out of the tall grass yet.” on death penalty cases in the state. Despite the thorny political complexi- Winsor is an opponent of the death ties, Gardebring is savoring her job at penalty.“I’ve always been opposed to the University.“Being an appellate it,” says Winsor.“I don’t have any idea judge is sort of a cerebral, contempla- whether my position in that regard was tive activity. Being a public affairs per- something the Supreme Court was son at the University is very challeng- aware of when they appointed me.” ing but in a different way. It’s a lot Given his views,Winsor feels strongly more personal connections [and] rela- that defendants deserve good attorneys: tionship-building. It’s a very different “I feel a real responsibility there.” kind of job,” says Gardebring.

Winsor also occasionally sits on the Gardebring’s varied resume in public state Supreme Court bench when SANDRA GARDEBRING service has included stints as commis- other judges recuse themselves from sioner of the Minnesota Pollution cases.“At some point, you’d think we Control Agency and the Minnesota all ought to be contented to play ten- with legislators and with the governor. Department of Human Services.“I nis and read,” chuckles Winsor.“But I I think that’s the result of the way that loved being a judge, but I finally decid- think we’re all programmed to do a President Bruininks approached the ed that I need to get back into the little more.” difficult budget-cutting problem.We thick of things,” muses Gardebring. knew that the state had a big deficit “Perhaps it’s an illustration that lawyers problem. I think we’re regarded as peo- can do lots of different things. I’m kind Sandra Gardebring ple that step up to the plate and help of the poster child for using the law in solve the problem.” ♦ CLASS OF 1973 lots of different settings.” udges rarely leave the bench to But given the current economic out- By Burl Gilyard. Gilyard is a Minneapolis-based pursue another calling. But that’s look, Gardebring acknowledges that freelance writer and a 1992 graduate of the exactly what Sandra Gardebring, budget battles are likely to continue. University of Minnesota. Class of 1973, did in 1998, when Jshe gave up her job as an associate justice on the Minnesota Supreme Court to join the University of Min- nesota as Vice President for Institution- al Relations.

After five years at the University, Gardebring still relishes her role at the University, where she oversees the University’s public relations and government lobbying. But since she signed on to the U’s staff, a sagging economy and increasingly sharp state budget cuts The Legislative Network is a collaborative of alumni, stu- are changing the landscape for higher dents, faculty, staff, and community members who are education. committed to educating elected officials and our community about the importance of the University of Minnesota Looking ahead to the legislative session of 2004, Gardebring acknowledges that to the State. the University continues to face challenges at the Capitol, but says that she Please join the Legislative Network believes the U is in relatively good stead with lawmakers. at www.supporttheu.umn.edu. We need to tell the State to Invest in U. “I think the University’s status at the Logon to our website and sign the petition. legislature is in very good shape,” says Gardebring.“I think that’s true both

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age or discourage [law school],” recalls Assistant Dean at the Law School for Law School:A Erskine.“My only condition was ’I’ll Admissions and Scholarships.) pay for law school, as long as you Family Tradition commit to me in blood that you won’t “It was not a professional decision, nec- go into labor relations.’” essarily, it was just a lifestyle decision to The Erskine Family move to a small town and a place that erry Erskine, class of 1968, Amy Erskine, class of 1997, and Julie had a connection to the wilderness,” worked in general practice for a Drewes, class of 2001, both currently recalls Swanson.“Then it became a Tfew years out of law school, but work at the Minneapolis firm of Brig- permanent lifestyle change, which I’ve never envisioned a career in the airline gs and Morgan.“I was a chemistry never regretted.”The bulk of his prac- industry.“It’s just kind of a quirk of major in college and I decided proba- tice is real estate transaction work con- fate,” says Erskine.“I had a lot of bly my junior year of college that I nected to lakeshore/resort properties friends in the airline industry at the wanted to go to law school. I was and small businesses.Along the way, time from college.An opening came interested at the time at trying to com- Swanson spent 12 years as Cook up for a labor relations counsel and a bine the two,” says Julie Drewes.“Once County Attorney from 1974–1986. couple of friends encouraged me to I went through law school my interest Swanson is also active in community apply. I thought it would be a lark. I changed, and I ended up doing busi- theater, and estimates that he has acted thought I would be there a few years.” ness and commercial and banking and in more than 30 plays to date. real estate law.” Julie Drewes married law school classmate Matthew Drewes, Class of 2001, in June, 2003.

Amy Erskine recalls,“I was one of those unusual people who decided when I was in 8th grade that I wanted to go to law school.”Today, she enjoys working at the same firm as her sister. “I love it. Briggs and Morgan has been great for both Julie and I. It’s very intellectually stimulating, but it’s also a place that’s fun to be every day,” says Amy Erskine.“I’m in our business law section. I do mergers and acquisitions mostly, and also representing closely- held corporations.” She notes that she also has a cousin who is also a lawyer: RICHARD W. SWANSON “At family gatherings my mom always TERRY ERSKINE feels a little outnumbered.” His son Brian Swanson, class of 1994, has taken a decidedly different path.“I Dad couldn’t be prouder.“Both Pat didn’t expect it,” says Swanson of his Instead, Erskine spent 23 years work- and I were real proud of them for son’s ultimate choice to go to law ing at Northwest Airlines, where he choosing the University of Minnesota school. (As a footnote, the elder Swan- ultimately held the title of Vice Presi- law school and following in my foot- son’s law associate—and son-in-law—is dent, Labor Relations. In 1994 he steps,” concludes the elder Erskine. also a Law School graduate”Timothy joined the Atlanta-based Delta Airlines, “They were both real gifted students, J. Scannell, class of 1997. It’s a law where he now holds the same title that so they did real well and then ended world, after all.) he held at Northwest. up at a premiere law firm in the Twin Cities.” “In a way, I think the fact that my “I have responsibility for all of the father was a lawyer made me initially labor relations for both the unorgan- overlook, and not consider, the law,” ized and union-represented personnel. The Swanson Family the younger Swanson writes via email We have about 70,000 employees ichard W.Swanson, class of from his current travels in Europe. across the United States and Canada,” 1966, moved his family to Once out of law school, Brian Swan- says Erskine, who handles collective RGrand Marais, Minnesota, on son spent five years working in the San bargaining, dispute resolution, and Lake Superior’s North Shore to take a Francisco and Silicon Valley offices of labor litigation for Delta. sabbatical for a year. He never came Shearman & Sterling, LLP,handling a back. He opened his law practice in range of corporate law. Another surprise for Erskine was that Grand Marais in the summer of 1973. his only two daughters followed his (Prior to moving north, Swanson’s var- The younger Swanson briefly worked path to law school.“We didn’t encour- ious jobs included a two-year stint as for an Internet healthcare company at

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the tail end of the dot-com boom, but found that the job didn’t suit him:“I realized quickly, however, that the lifestyle was not for me, I was com- muting more than 100 miles a day Class Notes between San Francisco and San Jose and/or sleeping in a corporate apart- ment and working 15 plus hours a day during the week, plus weekends,” 1939 1967 recalls Brian Swanson. LEONARD LINDQUIST received the JOSEPH P.SULLIVAN has been elected Minnesota State Bar Association’s annual to the Amylin Pharmaceuticals, Inc. Most recently, Brian Swanson spent David Graven Public Service Award in Board of Directors and Audit Commit- two years as Senior Corporate Counsel April 2003.The award recognizes a tee. He is currently Chairman of the for Varian Medical Systems, a radiation MSBA member who exemplifies the Board of Advisor of RAND Health,Vice oncology equipment supplier. He left high standards of the profession in com- Chairman of the Board of the UCLA the firm to marry a lawyer from bination with a commitment to public Medical Center, and serves on the Romania.“We are now taking some or community service. In addition to Board of Directors for SCCI, Inc. and time off and traveling around Europe,” the award, a $1000 contribution is given Covenant Care, Inc. For the previous 20 writes Brian Swanson. Meanwhile, he to the charity of Mr. Lindquist’s choice. years, Mr. Sullivan was an investment has continued to do some contract In October 2003, Mr. Lindquist was pre- banker with Goldman Sachs.Amylin work for his former employer Varian sented with the University of Minnesota Pharmaceuticals is a biopharmaceutical while in Europe. Distinguished Alumni Award at the Law company dedicated to developing inno- School’s annual William B. Lockhart din- vative medicines to improve the lives of While his son travels the world, ner. Mr. Lindquist is a co-founder of the people with metabolic diseases. Richard Swanson is happy in Grand Minneapolis-based law firm, Lindquist Marais, where there are arguably more and Vennum. seagulls than people.“I’m a three to five minute commute from home, 1968 which is pretty important,” says Swan- PAUL ANDERSON, Minnesota Supreme son.“You can get just as far behind 1963 Court Justice, received the Ramsey and just as pressured by workload as JONATHAN ROSE, Professor & County Bar Association’s “Distinguished you can anywhere, it’s just that you Williard H. Pedrick Distinguished Humanitarian Service Award.” tend to work your way out of that Research Scholar at Arizona State Uni- because you realize you’re here for the versity, has added another installment to HARRY A. SIEBEN, JR., lifestyle, not for the money.” ♦ his acquisition of rare works of English President of Sieben, Legal history for the Ross-Blakely Law Grose Von Holtum & By Burl Gilyard. Gilyard is a Minneapolis-based Library.The current acquisition is the Carey law firm, was freelance writer and a 1992 graduate of the fourth in a series of six folio volumes appointed by Gover- University of Minnesota. called the Vulgate Edition of the Yearbooks, nor Tim Pawlenty as published in 1679–80 and including the Adjutant General cases from the late 13th century to the in charge of the early 16th century. 12,500-member Minnesota National

Judge Gerald Heaney (’41), Dean Johnson, John Kelly (’72) and Gene Halverson (’47) during a visit to Duluth in September.

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ance supervising its litigation in Min- nesota and western Wisconsin.

GARY HAUGEN was elected to Maslon Edelman Borman & Brand’s Governance Committee, the law firm’s management committee. Mr. Haugen is a partner in the Litigation Group. 1975 KEVIN S. BURKE was named the recipient of the 2003 William H. Rehnquist Award for Judicial Excellence, one of the most prestigious awards for state judges in the nation. Judge Burke is the first judge from Minnesota to be distin- John W. Mooty, (’44) was inducted into the Minnesota Business guished with this honor and the eighth Hall of Fame at a dinner sponsored by Minnesota Business Monthly recipient of the award.The award was magazine on July 24, 2003. Here, Jane and John Mooty enjoy the presented in Washington, D.C. at the United States Supreme Court on June 19 alumni reception held during the 2003 Minnesota State November 20th. Bar Association annual meeting. JAMES M. CHRISTENSON was elected a partner at Best & Flanagan law firm. Guard. Brigadeer General Sieben will women. Judge Lansing sits on the Min- replace the recently retired Major nesota Court of Appeals. General Eugene Andreotti until the Governor can make a permanent DUANE L. PAULSON was selected a 1976 appointment. partner at Best & Flanagan law firm. HEIDI HOARD joined Tennant Company as Assistant General Counsel. 1969 1972 TONY TANKE has been elected to the California Academy of Appellate WILLIAM A. JOHNSTONE has been GARY J. KRUMP was appointed Chair- Lawyers, an organization of approxi- named President and CEO of Davidson man of the Board of Contract Appeals mately 100 active attorneys who spe- Cos. and will begin his duties in January at the Department of Veterans Affairs. cialize in arguing cases in the higher at the Great Falls, Montana-based com- Mr. Krump will head a board composed courts. Mr.Tanke is one of seven attor- pany. Davidson Cos. owns D.A. David- of five other administrative judges and neys in the Sacramento area afforded son & Co., a full-service investment will be responsible for ensuring fair and this honor. He lives and practices in firm, Davidson Trust Co., a wealth man- timely disposition of contract disputes Davis, California. agement and trust operations, Davidson in which the Department of Veteran Investment Advisors, a professional Affairs is involved. Mr. Krump had been money management firm and Davidson serving as the VA’s Deputy Assistant Travel, a full-service travel agency. Secretary for acquisition and material 1977 management since September 1992. TOM LUND received an award from DAVID TWA has been appointed Ram- the Minnesota Justice Foundation at sey County Administrator. LEE MITAU was awarded a Minnesota annual Fall Fundraiser on October 23, Outstanding Directors Award by Twin 2003 for his commitment to public Cities Business Monthly on October 21, interest work. Mr. Lund practices with 1970 2003. the Oppenheimer,Wolff & Donnelly law firm. HARRIET LANSING was the recipient of the Minnesota Women Lawyer’s 2003 PETER RILEY has Myra Bradwell Award.The Myra Brad- 1974 been elected President well award is given annually to one per- JOSEPH M. GOLDBERG accepted the of the Minnesota Trial son who expresses the highest ideals of position of Associate General Counsel Lawyers Association. the legal profession and who possesses at Sentry Insurance in Wisconsin. Mr. Mr. Riley is a share- the qualities exemplified by Myra Brad- Goldberg was in private practice in Min- holder in the law firm well such as courage, perseverance, and neapolis for 19 years, then ten years ago Schwebel, Goetz & leadership on issues of concern to he took a position with Sentry insur- Sieben.

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THOMAS SHROYER has been elected JULIE BRUNNER has been named Exec- MICHAEL UNGER has been named to co-Chair of the development commit- utive Director of the Minnesota Council the Board of Directors of the Greater tee for the Courage Center foundation. of Health Plans. She will lead the devel- Twin Cities United Way. Mr. Unger is a Mr. Shroyer is president and CEO of opment of health care policy and com- partner in the Rider Bennett Egan & Moss & Barnett in Minneapolis. munity health initiatives for Minnesota’s Arundel law firm. eight nonprofit health plans. JIM STROTHER has been promoted to General Counsel of San Francisco-based JUDITH GARTNER of the St. Paul, Min- Wells Fargo Bank. nesota law firm of Orbovich & Gartner 1982 has been named President of the Inter- GARY C. EIDSON has been elected national Center for Clubhouse Devel- President of the law firm of Fabyanske, opment (ICCD). She also is a board Westra & Hart. Mr. Eidson practices in 1978 member and past president of Vail Place. the area of real estate finance and IVY BERNHARDSON has joined the The ICCD is a worldwide federation of development. law firm of Leonard, Street and Deinard like-minded programs seeking to help as a shareholder. citizens of all countries cope with men- JAY L. GRYTDAHL recently joined Fed- tal illness. eral Express as a Senior Attorney for TIMOTHY PAUL BRAUSEN has joined employment litigation in the Legal and Title Guaranty Fund Inc. in Minneapolis. MANUAL GUZMAN was named Vice Regulatory Affairs Department. President for finance at Thomson Legal & Regulatory in Eagan, Minnesota. BRENT REICHERT was inducted into 1979 the Concordia College Athletic Hall of JOHN R.TUNHEIM was honored with Fame at a special ceremony on October LARRY NICOL received the 2002 Legal 4th, where he was a 1979 graduate. Mr. Services Staff Award. Mr. Nicol is the the Nelson Award by the American Bar Association’s Government and Public Reichert is a partner with Robins, managing attorney at Southern Min- Kaplan, Miller & Ciresi law firm. nesota Regional Legal Services in Sector Lawyers Division for his contri- Mankato. butions to the International and United States legal communities. 1983 1980 MICHAEL CUZZO was named a Super 1981 Lawyer by Minnesota Law and Politics KEVIN A. BERG has been named Execu- magazine. Mr. Cuzzo practices personal tive Vice President of Sysco Asian JAMES J. BENDER was named Senior Vice President and General Counsel of injury law with the law firm of Cuzzo, Foods, Inc., a Sysco subsidiary with loca- Brant and Envall. tions in St. Paul, Minnesota and Kansas Williams in Tulsa,Oklahoma.Williams City, Missouri. moves, manages and markets a variety of energy products, including natural JOSEPH DUNN was recognized as one gas, liquid hydrocarbons, petroleum and of two “Third Branch Heroes” at the electricity. California State Bar annual meeting for his work in reducing drastic budget cuts for the court system. Senator Dunn chaired the Senate budget subcommit- tee which was responsible for dealing with court funding this year.

TIM MARX was appointed to the Housing Finance Agency by Governor Tim Pawlenty. 1984 ROBIN HARMON was named a Direc- tor of the Park Nicollet Foundation located in St. Louis Park, Minnesota. Ms. Harmon is an employee benefits attorney with General Mills, Inc. During a trip to Hawaii, Dean Johnson (right) visited with alumni (from left) Shuichi Miyasaki (’57), Roy Kawamoto (’65) and M. Gay Conklin (’72).

48 Law Alumni News ♦ FALL 2003 Alumni Commons

During a trip to Chicago in September 2003, the Dean had an opportunity to visit with several alumni. Pictured are: Frank R. Krohn (’68), Brigid M. McGrath (’84), Dean Johnson, Saumil S. Mehta (’02) and host Hugh Magill (’85) at the Northern Trust Bank. Dean Johnson and Martha Mills (’65) at the Cook County Treasurer’s Office. Janelle Ibeling Ness (’02), Jessica Knowles (’02),Tom Cole, of the firm’s Executive Com- mittee, Dean Johnson and host Steven J. Elli- son (’91) at Sidley Austin Brown & Wood.

1985 1990 1993 MAUREEN CAVANAUGH has recently JOHN BRAY joined Kanuit and Bray in NORMAN ABRAMSON was named a been promoted to Associate Professor Hermantown, Minnesota as a partner. partner at Pattterson,Thuente, Skaar & with tenure at Washington & Lee Uni- Christensen in Minneapolis. versity Law School in Lexington,Virginia, JAMES H. GALLEGOS has joined where she teaches primarily in the area Burlington Northern Santa Fe Corpora- J. JEFFERY OXLEY has been promoted of federal taxation. tion as Vice President and Corporate to Executive Vice President of Law and General Counsel in Fort Worth,Texas. Policy at Eschelon Telecom,Inc., a provider of voice, date, Internet services and business telephone systems. Mr. 1988 Oxley will continue to oversee Esche- ROBERT E.TUNHEIM received the 1991 lon’s legal and regulatory functions. 2002 Leonard E. Lindquist Pro Bono CHAD BARUCH was named Assistant Award from the law firm of Lindquist & Principal of Yavneh Academy of Dallas, a WILLIAM A. STOCK has been elected Vennum.The award is presented annual- Jewish preparatory school. His article the Executive Committee of the ly to a Lindquist & Vennum attorney “Jewish Law & Tort Reform” was Philadelphia Chapter of The American who exemplifies the firm’s pro bono recently published in the American Bar Immigration Lawyers Association efforts. Association Healthcare Litigation (AILA). He will serve as Secretary of Newsletter. the committee for the 2003–04 term. Mr. Stock is a partner at Dechert law STEPHANIE R. DERBY has joined the offices. 1989 law firm Jennings, Strouss & Salmon in JOHN M. DORNIK was elected Presi- Phoenix,Arizona, as a Partner and Chair dent of the Hennepin County Bar Asso- of the firm’s Employee Benefits & Com- ciation in July. Mr. Dornik practices with pensation practice section. She practices the law firm of Mackenzie & Hallberg. in the areas of employee benefits (ERISA).

Law Alumni News ♦ FALL 2003 49 Alumni Commons

1994 DAVID EZRILOV has been elected a shareholder in the law firm Leonard, Street and Deinard.

NANCY HAGERTY is a Senior Counsel at Target Corporation. She lives in Min- neapolis with her husband, Michael and son, Patrick.

BRIAN D. MAGUIRE received the Mas- ter of Divinity form Princeton Theologi- cal Seminary and the John Alan Swink Prize in Preaching at the school’s 191st Commencement Exercises on May 17, 2003.The Master of Divinity is a three- year graduate degree that is the basic professional degree for ministry.

CRAIG W.TREPANIER formed a new law firm,Trepanier & MacGillis, with James C. MacGillis (’97) in downtown Minneapolis.The firm focuses on corpo- Becky Orttel, (’97) and Steve Kluz (’98) were married in January in rate and business law, commercial litiga- Costa Rica. A wedding reception was held in February in St. Paul to tion and employment law on behalf of celebrate with friends and family. corporations, business owners and executives. From the bottom, left to right: Matt Thibodeau (’97), Dana Neve, Steve Kluz (’98), Suzette Schommer (’97), Joe Henderson (’97), Caroline LORI A.WINK was named shareholder Ostrom (’97), Becky Orttel (’97), Don Locke (’97), John Neve (’97), at von Briesen & Roper. Ms.Wink is in Greg Erickson (’97), Roshini Rajkumar (’97) and Jim MacGillis (’97). Not the Health Care Practice Group. pictured are Jim Lamm (’97), Charlie Roach (’96), Jon Hegre (’98), Susan Snyder (’98) and Ray Wallander (’99). Other University of Minnesota Law School alumni included John Flaten, class of 1966, and Jim Southwick, 1995 class of 1989. CASSANDRA WARD BROWN of Ward & Ward has formed an “Of Coun- sel” relationship with Bowman and BRIAN SCHOENBORN has been Brooke. named a partner in the Leonard, Street 1996 and Deinard law firm. ANN CATHERINE BETSY HOIUM was recently honored O’REILLY became a JOSEPH WALKER has been named for five years of service to the Universi- shareholder with the partner in the Global Litigation ty of Minnesota Law School as an Attor- firm of LeVander, Group at the international law firm of ney Instructor in the First Year Legal Gillen & Miller on Howrey Simon Arnold & White in Research and Writing Program. January 1, 2003. Ms. Washington D.C. O’Reilly’s practice ROBERT J. LEWIS recently attained the focuses on civil litigation, including KRISTI WARNER was recently honored rank of partner at the Chicago office of employment, corporate, contract, crimi- for five years of service to the Universi- Sidley Austin Brown & Wood. nal, and real estate law. ty of Minnesota Law School as an Attor- ney Instructor in the First Year Legal ANDREW MORTL has been named a WILLIAM PHILLIPS of Research and Writing Program. partner in the law firm Glynn & Finley, a Pepper Hamilton was complex commercial litigation firm named one of the located in Walnut Creek, California. Detroit region’s top young professionals by Crain’s Detroit Business.Mr. Phillips was named to the publication’s annual “40 Under 40” list, which profiles leading professionals under the age of 40. 50 Law Alumni News ♦ FALL 2003 Alumni Commons

MICHAEL B.WACKER, former Deputy STEPHANIE SHAW and Dr. Jason dent-Elect of the Anchorage Bar Associ- Solicitor for the Mille Lacs Band of Asheim were married on August 2 at ation. He also has been serving as the Ojibwe, has joined the Native American the Officers Club in Newport, Rhode Chair of the Alaska Native Law Section Law Practice Group of Best & Flanagan Island. of the Alaska Bar Association and will law firm. Mr.Wacker will focus his prac- co-Chair this year’s Alaska Native Law tice in the areas of federal Indian law, CHRISTINA SMITH joined Maslon Conference. Mr. Johnson continues to gaming law, tribal financing and litigation. Edelman Borman & Brand law firm. Ms. enjoy photography, and has published a Smith is a member of the firm’s Finan- new photography web site at cial Services Group, focusing her prac- www.carljohnsonphoto.com. tice in the areas of creditors’ rights and 1997 bankruptcy. POMY KETEMA has JOHN J. BURSCH, an joined the law firm attorney with Warner MATT THIBODEAU was recognized by Felhaber, Larson, Fen- Norcross & Judd, has the Minnesota Jaycees as one of the Ten lon & Vogt in the St. been elected to serve Outstanding Young Minnesotans for his Paul office. Ms. Ketema on the Appellate Prac- achievement in bringing awareness to practices in the areas tice Section Council of social and contemporary issues, philan- of business and tax the Michigan Bar thropic contribution and voluntary law, and estate planning. She has signifi- Association. He will service. cant experience in the areas of corpo- serve a three-year term on the council, rate transactions and general tax plan- which provides education, information ning from both a federal and state tax and analysis about issues of concern to perspective. Prior to joining Felhaber, attorneys who concentrate their prac- 1998 she was employed by McGladrey & tices on appellate litigation. Mr. Bursch MATTHEW A.ANDERSON is an attor- Pullen. concentrates his practice in appellate lit- ney with the law firm of Babcock, Neil- igation, construction and real estate law, son, Mannella, LaFleur & Klint. BRET THIELE was recently elected to and business and intellectual property the Board of Directors of Amnesty litigation. ELIZABETH H. KIERNAT joined the law International U.S.A. Mr.Thiele is an firm of Moss & Barnett in the Real international human rights lawyer work- JERRIE HAYES was appointed Chair of Estate Practice Group. Ms. Kiernat will ing as Senior Legal Officer and Litigation the New Lawyers Section of the Hen- council clients on commercial and resi- Programme Coordinator for the Centre nepin County Bar Association. dential leasing, deeds and zoning as well on Housing Rights and Evictions as estate and business planning issues (COHRE), a human rights organization JASON KRAUS has joined Faegre & involving trusts, wills, and tax analysis. based in Geneva, Switzerland.Amnesty Benson law firm as Special Counsel in International is a worldwide movement the Intellectual Property Practice. Mr. AMY SEIDEL has been selected as one of people who campaign for human Kraus’s practice focuses on patent port- of Minnesota Lawyer’s 2003 “Up and rights. It has more than one million folio management, U.S. and international Coming” attorneys. She practices with members in more than 140 countries. patent preparation and prosecution, and Faegre and Benson law firm. other patent-issues. MATTHEW R. ZAHN joined the Min- DONALD E. LOCKE of Milwaukee, neapolis law firm Koepke & Daniels in 2000 Wisconsin recently accepted an the Employment Law section of its KELLIE C. JOHNSON is an Assistant appointment as a Foreign Service Offi- Commercial Litigation department. Staff Judge Advocate U.S.Air Force. cer with the U.S. Department of State. GEORGE MADER accepted a position JAMES C. MACGILLIS formed a new at the University of Illinois College of law firm,Trepanier & MacGillis, with 1999 Law as a Visiting Assistant Professor in Craig W.Trepanier (’94) in downtown JOHN C. HAUGE received the Metro- the Legal Writing Program. Minneapolis.The firm focuses on corpo- politan Economic Development Associa- rate and business law, commercial litigation’s Recognition Award. He practices tion and employment law on behalf of with the law firm Rider Bennett Egan corporations, business owners and and Arundel. 2001 executives. LINDSAY J. BECK joined Parsinen CARL JOHNSON recently joined the Kaplan Rosberg & Gotlieb as an CAROLINE E. OSTROM joined Thomas Anchorage firm of Burr Pease & Kurtz associate. Tuft Law Offices and will be practicing as an associate. He will focus his prac- primarily in the area of immigration law. tice primarily on general litigation. Prior FELIX SUTANTO was selected by the to that, he worked for nearly a year as a April 2003 Air Force JAG Accessions legal advisor to the Anchorage Youth Board for a position as a Judge Court. Mr. Johnson was elected as Presi- Advocate.

Law Alumni News ♦ FALL 2003 51 Alumni Commons

ALPASLAN SAPMAZ joined the law TODD WERNER joined the law firm 2002 firm Merchant & Gould. Merchant & Gould. NICHOLAS EUGSTER joined the Min- JAMES SPRINGER II has joined the law JULIAN ZEBOT has joined Maslon neapolis office of Messerli & Kramer as firm of Faegre & Benson as an associate. Edelman Borman & Brand law firm as an associate. an associate in the firm’s Litigation LICA TOMIZUKA joined Faegre & Ben- Group. ♦ GABRIEL HOLLOWAY joined the law son law firm as an associate. firm of Leonard, Street and Deinard as an associate.

ALICIA A. HOWE joined Borene Law Firm as an associate. CLASS OF 1936

MATTHEW SCHNEIDER was hired as an associate at the law firm of Fryberg- er, Buchanan, Smith and Frederick in In Memoriam Duluth, Minnesota. CLASS OF 1936 CLASS OF 1952 MARK THIEROFF joined Siegel, Brill, Lester F. Holt Thomas E. Kellett Greupner, Duffy & Foster. New Richmond,WI Marina Del Rey, CA May 22, 2003 September 12, 2002 CHAU NGUYEN JOHNSON joined the M. Sue Wilson Law Offices as an Honorable Charles W. Kennedy CLASS OF 1954 associate. Wadena, MN Lawrence H. James May 10, 2003 Andover, MN May 31, 2003 2003 CLASS OF 1941 CHAD BIGALKE joined Langlais & Honorable Irving Beaudoin CLASS OF 1956 Schumacher in Hastings, Minnesota. South St. Paul, MN Ralph S. Parker II August 15, 2003 Golden Valley, MN NICOLE HAVENS BOLTON has joined October 15, 2003 the law firm of Spencer Fane Britt & Henry L. Segal Browne as an associate in the Litigation Pikesville, MD Thomas E. Reiersgord Practice Group. September 19, 2003 Minneapolis, MN September 23, 2003 SANDRA DOBBLES joined the law firm of Faegre & Benson. CLASS OF 1947 John F. Arneson CLASS OF 1971 RACHEL CLARK HUGHEY joined the Syracuse, NY Richard L. Cesario law firm Merchant & Gould. August 30, 2002 Edina, MN December 13, 2002 MARY KIRCHNER joined Godfrey & Honorable John E. Daubney Kahn law firm in Milwaukee,Wisconsin. St. Paul, MN CLASS OF 1978 August 6, 2003 Daniel T.Blomquist DOUGLAS KLUVER received the Min- Chaska, MN nesota State Bar Association Volunteer CLASS OF 1948 June 23, 2002 Law Student Award. Clayton L. LeFevere Richfield, MN CLASS OF 1991 E. JAYNIE LEUNG was selected as a August 15, 2003 James P.Hall 2003 Equal Justice Works Fellow. Minneapolis, MN March 24, 2003 JOHNATHAN MADDOX joined Mer- CLASS OF 1949 chant & Gould law firm. Gordon Forbes June 9, 2003 NICOLE NAROTZKY joined Robins, Little Canada, MN Kaplan, Miller & Ciresi law firm as an associate. Wesley Sizoo June 11, 2003 MIKE OSTREM was named an associate Walnut Creek, CA at Faegre & Benson law firm.

52 Law Alumni News ♦ FALL 2003 University of Minnesota Law Alumni Association

OFFICERS Patrice A. Halbach ’80, President Stephen F.Befort ’74, Treasurer

DIRECTORS Te rm Ending 2004 Catherine L.Anderson ’73, Minneapolis, MN Ronald D.Aucutt ’75, McLean,VA Thomas A. Clure ’63, Duluth, MN Joan Ericksen ’81, St. Paul, MN Joan L. Heim ’68, Washington, DC Christopher J. Kopka ’98, Minneapolis, MN James M. Neville ’64, Ladue, MO Thomas M. Newcomb ’76, Vienna,VA Judith L. Oakes ’69, Minneapolis, MN Ronald J. Schutz ’81, Minneapolis, MN Edward J.Wallin ’67, Orange, CA Kenneth R.White ’82, Mankato, MN

Te rm Ending 2005 John R. Beaulieu, ’97, Miami, FL Philip C. Carruthers ’79, St. Paul, MN Tracey B. Davies ’97, Austin,TX Sylvester James, Jr. ’83, Kansas City, MO R. Hugh Magill ’85, Chicago, IL Erica D. McGrady ’96, Washington, DC Lynn M. Roberson ’79, Atlanta, GA Brian J. Schoenborn ’95, St. Cloud, MN Michael R. Sieben ’72, Hastings, MN Paul D. Swanson ’82, Seattle,WA Mary L.Wegner ’86, Santa Monica, CA Gail L.Weinstein ’83, New York, NY

Te rm Ending 2005 Stacy L. Bettison ’99, Minneapolis, MN Elizabeth Bransdorfer ’85, Grand Rapids, MI Joseph T. Carter ’83, Apple Valley, MN Christopher J. Chaput ’85, Chatham, NJ A. James Dickinson ’65, St. Paul, MN Neil Fulton ’97, Pierre, SD Patrice A. Halbach ’80, Minneapolis, MN Natalie Hudson ’82, St. Paul, MN Brian L. Johnsrud ’96, Palo Alto, CA Edmundo D. Lijo ’86, St. Paul, MN Charles Noerenberg ’82, St. Paul, MN

Alex Johnson, Jr., Dean

This photo and back cover photo courtesy of Daniel Kieffer. UNIVERSITY OF MINNESOTA LAW SCHOOL Mondale Hall Nonprofit Org. 229 19th Avenue South U.S. Postage Minneapolis, MN 55455 PAID Minneapolis, MN Permit No. 155