May 21 2012 Advisor

May 21, 2012

Congratulations Spring 2012 Graduates!

I can’t believe how fast it flew by,” said graduating law student David Gibbs just before he and the rest of the Class of May 2012 walked down the aisle at Thomas Jefferson School of Law’s Commencement Exercises on May 20, at Symphony Hall.

“I can’t believe it’s over,” said Elizabeth Knowles, who on Valedictorian Noah Wald top of graduating, became engaged the day before the ceremony. What a graduation present! “It feels amazing,” she said. Knowles also sang a beautiful rendition of the Star Spangled Banner at the start of the ceremony.

“You have endured!” TJSL Dean Rudy Hasl said, congrat- ulating the new graduates! “You have achieved your goal!”

Graduate Ryan Ciriaco achieved his goal in more ways than one. “I sat next to this girl in orientation, and my goal was to sit next to her at graduation and it paid off – Commencement Speaker Barry E. Hill I married her,” he said. Ryan and his wife, Samantha Ciriaco, indeed sat together at graduation. “And I got to move up to the front of the line,” said Samantha, whose maiden name was Massau.

The commencement speaker was Barry E. Hill, Senior Counsel for Environmental Governance of the Office of International and Tribal Affairs at the U.S. Environmental Protection Agency, who truly inspired everyone.

“Timing is not one of your greatest virtues,” Hill said of Ryan Ciriaco and Samantha Ciriaco the down economy that has hit the legal profession so hard. “You are facing unprecedented headwinds. You can’t change the direction of the winds, but you can change your sails,” he said. “Don’t be deterred from achieving your goals.”

2012 Spring Graduation continued…

Hill asked the class to stand for what they believe in, and exhorted them to “Standup, standup, standup!,” as the entire class rose as one and applauded.

Valedictorian Noah Wald told his classmates, “Remember the reason you wanted to be an attorney. Remember that passion. If you find what drives you, no one will be able to stand in your way.” Elizabeth Knowles and Daughter Azalea

Juris Doctor degrees were award to 195 graduates and 20 LL.M. (Master of Laws) graduates, and TJSL’s first J.S.M (Master of Science of Laws) degree was also awarded.

TJSL Alumni Association President Renee Galente '08 welcomed the new graduates as instant members of the association and let them know that they are not alone - the alumni number in the thousands and there are so many serivces available to them as alums.

LL.M. (Master of Laws) Graduates Often people say "keep your eye on the ball and don't look back," Galente said. "I couldn't disagree more. Never forget where we've come from or the people who helped you."

“A big sigh of relief,” said Nancy Astifo before she walked down the aisle. “Let the bar studies begin!”

The majority of the graduates were thinking about the bar exam as they got their diplomas. TJSL Alumni Association President Renee Galente '08 One of them was Jessica Retoriano Naderi, who is the daughter of TJSL’s Assistant Director of Admissions Op- erations Mary Retoriano, who as you can imagine is quite proud of her younger daughter. Jessica’s husband, Arvand Naderi, is a 2003 TJSL graduate.

“It feels great,” Jessica said. “Let’s go party, then go study.”

After the graduation ceremony, everyone came back to Dean Rudy Hasl and Jessica Retoriano Naderi the TJSL campus for a celebration and reception!

TJSL Helps Celebrate

40 Years of the Lawyers Club of San Diego

“40 years of Lawyers Club!,” Lynn Schenk joyously exclaimed at the gala dinner TJSL's Table at the Celebration to celebrate that major anni- versary milestone for the Lawyers Club of San Diego, on May 16 at the U.S. Grant Hotel.

The former U.S. Representative Schenk was one of six co-founders of the club in 1972, as its mission states, “To advance the status of women in the law and in society.” Lawyers Club was founded during a time when women faced many obstacles and impediments to become part of the legal profession and advance to important positions such as partnerships and judgeships.

“40 years ago it was not so much dreams as nightmares,” Schenk said, noting that the event‘s tagline was “40 Years of Making Dreams a Reality.”

Schenk, along with another co-founder, Fourth District Appeals Court Presiding Justice Judith McConnell, both received 2012 Lawyers Club Icon Awards for their contri- butions not only to Lawyers Club, but for their contribu- tions to the legal profession. Schenk’s husband, USD Professor Hugh Friedman, received the 2012 Belva Lock- wood award for his longtime support of Lawyers Club. In Lawyers Club Co-founder Lynn Schenk fact, it was Friedman who originally suggested the name Lawyers Club to make it sound more inclusive and not just for women.

Justice McConnell pointed out that 5 of the 10 justices with whom she serves on the appeals court are women and that in a recent case, “the only man in the courtroom was the defendant. I guess he knew how we used to feel.”

The evening’s scheduled keynote speaker, California Supreme Court Chief Justice Tani Cantil-Sukauye, was unable to attend the event due to the budget battle she is in the thick of in Sacramento to prevent deep cuts to the state’s court system.

USD Professor Hugh Friedman

Celebrating 40 Years of the Lawyers Club of San Diego continued...

Thomas Jefferson School of Law, a benefactor of Lawyers Club, was well-represented at the event. Assistant Dean for Administration Lori Wulfemeyer headed a contingent that included TJSL students Lindsey-Shannon Lee, Jen- nifer McCollough, Nicole Heffel, Chelsea Halpine-Berger and Elizabeth Knowles, as well as Alumni relations Direc- tor Vanessa Vandever, Adjunct Professor Lea Fields- New Lawyers Club President Sarah Boot Bernard, Associate Director of Bar Studies Mike Neal and Director of News & Media Relations Chris Saunders.

Also, TJSL alumni Renee Galente '08 and Anna Romanskaya ’07 were introduced as new members of the Lawyers Club Board. Alumni Bonnie Dumanis ’76, who is San Diego’s District Attorney, Eric Ganci '08 of Galente Ganci, APC and Lorena Slomanson ’93 of Legal Aid also attended.

“We must not become complacent about what we’ve accomplished,” warned Schenk. “There is still a war on New Board Members Renee Galente '08 and women being waged by unenlightened bigots, I believe.” Anna Romanskaya '07 The Lawyers Club’s new president, Sarah Boot, said upon the acceptingof the gavel from Kelly Rand, “We’ve made incredible progress in the last 40 years – but we’ve still got a lot to do.”

District Attorney Bonnie Dumanis '76 with Judge David Danielsen

Lawyers Club Co-founder Justice Judith McConnell 4

Thomas Jefferson School of Law Commits to Solo Practice By Professor Steve Semeraro

The majority of lawyers work in law firms of 5 attorneys or less. Historically, almost half of all attorneys in private practice have been solo practitioners. Yet, most law schools do little to prepare lawyers to open their own practices. Even those schools with strong skills train- CUNY's Fred Rooney at TJSL to Help ing and clinical programs often fail to prepare their students in the Establish Solo Lawyer Incubator Program ethical, business, and entrepreneurial aspects of opening a law office. Thomas Jefferson School of Law has set out to change that by adopt- ing a special solo practice track in its curriculum and a lawyer incubator program for its recent graduates who want to be solo practitioners. Both programs will debut in the fall of 2012.

The solo practice track will be a full year sequence of mini-courses in which students will learn core lawyering skills, such as how to draft a fee agreement, and critical business skills like how to attract clients. The fall semester will focus on general skills necessary for all solo practitioners from client interviewing to building a website to obtain- ing malpractice insurance. The spring semester will then focus on discrete areas that solo practitioners often pursue, including criminal law, bankruptcy, employment, and family law. Professor Luz Herrera Will Establish the TJSL Incubator Program The legal incubator concept has been pursued at other law schools, most successfully at CUNY. The idea is that recent graduates interested in solo practice can work in a support- ive environment with a direct pipeline to more experienced lawyers who can serve as mentors. Fred Rooney, who set up CUNY’s incubator and is the director of the Community Legal Resource Networks, explains its goals as follows. “First, like all business incubators, ours aims to assist our graduates to develop successful businesses in our case, small solo practices. Second, we help our graduates become successful social entrepre- neurs who contribute to improving access to justice while enabling them to make a living. The law school provides a low cost working environment, training, and mentoring, and in exchange, the new lawyers commit to give back to the community through pro-bono and low-bono work for underserved clients. Over the course of about a year, incubator lawyers build confidence along with their client base and leave the incubator. Hopefully, they take with them both the business acumen to run a successful practice and a sense of social re- sponsibility that will encourage them to continue to serve their community.” Rooney Meets with TJSL Staff Rooney spent a couple of weeks working with TJSL faculty and staff, advising them on the development of TJSL’s incubator program.

Today’s legal market is in flux. Fewer law school graduates are finding jobs in established firms. Yet, vast seg- ments of the population have legal needs that are unmet. A new generation of solo practitioners, trained in both law and business development, may develop more efficient ways to deliver legal services so that solo practicing lawyers can earn a good living while better serving society’s needs for legal services than lawyers have in the past. Thomas Jefferson School of Law is hopeful that the combination of the solo practice track and the incubator will, as Rooney describes it, enable its graduates to “Do well while doing good.”

Professor Vandevelde Travels to Qatar for UN World Investment Forum

Professor Ken Vandevelde was invited to speak at the United Nations World Investment Forum, held in Doha, Qatar, on April 21-22. The World Investment Forum is an event organized every two years to consider major economic and legal issues relating to international capital movements.

Doha Meeting Room Speakers included heads of state, cabinet level ministers, chief ex- ecutive officers of major multinational corporations, economists and legal experts. The United States was represented by officials from the White House and the State Department, but Professor Vandevelde was the only American legal scholar asked to speak.

Professor Vandevelde’s portion of the program was a roundtable discussion of current issues in international investment law.

“One of the hot topics at the conference was the buyer’s remorse that some countries feel regarding the conclusion of investment treaties,” summarized Professor Vandevelde. “They signed the Doha Skyline treaties hoping to attract foreign investment, but have come to believe that the treaties are not effective in that respect.

“Meanwhile, foreign investors are submitting hundreds of claims against host countries seeking hundreds of millions of dollars in compensation for alleged treaty violations. Some countries believe that these claims create a chilling effect and leave governments too little discretion to regulate their economies.”

Professor Vandevelde also was asked to serve as a final speaker, with a specific charge of proposing practical, concrete solutions to the issues under discussion. Doha Marketplace “I have defended investment treaties on the ground that they promote the rule of law in international economic relations,” said Professor Vandevelde.

“The need now is for legal commentary that brings conceptual order to the mass of arbitral decisions, that clarifies the meaning of the treaties, and that reassures host countries that treaty norms merely reflect principles of good governance.”

Professor Vandevelde has published three books on international investment law and is currently working on a fourth book, which he expects to complete next year. 6

PILF Scholarships Help TJSL Students this Summer

Seven TJSL students are proud recipients of the Public Interest Law Foundation scholarships that were funded exclusively from PILF’s 2012 Silent Auction Extraordinaire.

“We are extremely excited to provide these students with a grant that will support them over the summer in serving indigent populations greatly in need of public interest service,” said PILF Presi- dent Stephanie Lamson 2L.

Each of the recipients has obtained a public interest summer internship, and has proven a commit- ment to public interest law and PILF. Scholarship amounts varied between around $600 to $2000.

Lamson explains, “The grants help these dedicated students serve during the summer, and also encourage these students to continue in public interest service after the bar exam.” Be sure to congratulate the following students when you see them:

♦ Margaret Tafoya ♦ Susy Prochazka ♦ John Stauffer ♦ Kelly Hayes ♦ Rachel Weckhorst Espejo ♦ Stephanie Lamson ♦ Gregory Caruso

And the Winner Is….

Thomas Jefferson School of Law’s Student Animal Legal Defense Fund would like to congratulate Yogi, a Cocker- Poodle mix owned by 3L Linda Lam, for winning the Top Pet Contest! Yogi won the contest with nearly 300 votes.

2nd Place went to Bear, a Shelty-Chow mix owned by 2L Emi- ly Shank, and 3rd place went to Nikita, a Pitbull mix owned by 2L Kathlyn Ortiz.

The winners received their large share of votes not only from students voting via Facebook, but also having donations to the San Diego County Humane Society made in their name. SALDF collected roughly 200 donations during the contest for shelter animals in need, including money as well as food, Yogi treats and blankets.

Thank you to everyone who participated- the contest was a huge success!

Bear

Check out the Solar Eclipse Courtesy of Ezra Bisom-Rapp

Susan Bisom-Rapp’s son captured these photos of the solar eclipse that took place on Sunday, May 20.

"Seeing the eclipse was a really unique experience that doesn't happen every day," Professor Susan Bisom-Rapp with her son Ezra said Ezra Bisom-Rapp.

“My husband Charles constructed a pinhole camera using a shoe box, a piece of paper with a pinhole in it, and 6 feet of cardboard mailing tube,” said Professor Bisom-Rapp. “We balanced the tube against a tripod. Ez was shooting the image projected into the shoebox.”

Ezra captured the shots at Dos Picos Coun- ty Park in Ramona CA. using his iPhone.

Citations Submitted May 13, 2012 - May. 19, 2012

Aaron Schwabach Articles: The Specter of Civil Law Clawback Actions Haunting U.S. and U.K. Charitable Giving, 26 Probate & Property 60 (2012)

Julie A. Greenberg Articles: Health Care Issues Affecting People with an Intersex Condition or DSD: Sex or Disability Discrimi- nation, 45 Loy. L.A. L. Rev. 849 (2012, available at http://digitalcommons.lmu.edu/llr/vol45/ iss3/5/)

Marjorie Cohn Presentations: Presenter, The United States and Torture, Citizens for Peaceful Resolution, Veterans for Peace # 112, and Pulse TV, Ventura, CA, May 6, 2012 Presentations: Presenter, Immigrants’ Rights on Trial in the Supreme Court, National Lawyers Guild – TJSL chapter, National Lawyers Guild – S.D. chapter, American Friends Service Committee, Equality Alliance of San Diego, Organizing for Justice Committee, First UU Church of San Diego, San Diego Immi- grant Justice Consortium, San Diego Organizing Project, Thomas Jefferson School of Law, San Diego, CA, April 23, 2012 Presentations: Panelist, Stand Your Ground panel (BLSA), Thomas Jefferson School of Law, San Diego, CA, April 4, 2012

Susan Bisom-Rapp Presentations: Panelist, At-Will Employment: A Default Rule with Many Exceptions, Essential US Employment and Labor Law for the French Entrepreneur, French American Chamber of Commerce, Thomas Jef- ferson School of Law, San Diego, CA, April 8, 2012 (Available at http://www.tjsl.edu/news- media/2012/6396)

May / June

Sunday Monday Tuesday Wednesday Thursday Friday Saturday

20 21 22 23 24 25 26 TJSL Graduation Constitutional 9 a.m.—Noon Brooklyn Copley Sympho- Convention Bridge opened in ny Hall Down- opened to town San Diego Philadelphia traffic, May 24, with George Reception to 1883 follow at TJSL. Washington as president, May 25, 1787

27 28 29 30 31 June 01 02 Memorial Day Golden Gate TJSL Closed Bridge opened on May Memorial Day 27, 1937 commemorates U.S. soldiers who died while in the military service.

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