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4-1-1999 Notre Dame Lawyer - Spring 1999 Notre Dame Law School

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Dear Notre Dame Lawyer,

IN THESE PAGES, you will read about the ever-broadening influence of the Notre Dame Law School - about programs that didn't exist a decade ago but that are having a tremendous effect on the lives of people who search for justice and peace. In researching the information for these articles, I've learned a lot about NDLS - about what we do, where we do it, and how others appreciate Out efforts. I've learned that the Notre Dame name is respected throughout the world - not for its football team, of which most people outside this continent are unaware, but for its emphasis on morality and values. I've learned that the institution we treasure serves as an inspiration around the planet. I've learned that we've enabled many, many people - alumni and friends alike - to follow the first part of Aristotle's admonition to "do good:' I hope that, as you read these pages, you become as proud as I am about what we mean to so many people in so many countries who will never see a Saturday afternoon football game or hear the "Fight Song;' who will never set foot on this campus to gaze in awe at the statue of the Blessed Mother on the Golden Dome or light a candle at the Grotto, or who will never experience the joys of true freedom. I hope you see that Notre Dame - through the work and support of you, our alumni and friends - helps make Out world a better place.

Yours in Notre Dame,

Cathy Pieronek, Editor phone: (219) 631-6891 fax: (219) 631-4789 e-rnail: [email protected]

P.S. I'm still collecting reflections on Dean Link for an upcoming issue paying tribute to his leadership. Please feel free to contact me directly if you would like to contribute to this project. 1999 SPRING/SUMMER CALENDAR OF EVENTS

May 13, 1999 June 24, 1999 Ohio State Bar Association Annual State Bar of Arizona Annual Convention Meeting Notre Dame LawAssociation Reception Notre Dame LawAssociation Reception Phoenician Resort, Scottsdale, Arizona Renaissance Hotel, Cleveland, Ohio 5:30 to 7 p.m. 6 to 7 p.m. August 8, 1999 May 14·16,1999 American BarAssociation Annual Commencement Weekend Meeting Notre Dame LawAssociation Reception Atlanta, Georgia June 4·6, 1999 University Reunion '99 5 to 7 p.m. Law School Continuing Legal Education Program

June 15, 1999 Deadline for submission for Notre Dame Lawyer, Summer 1999 issue

N o T R IE ID A M\ IE IL A w y IE R

S P r n g 1 9 9 9 lAW SCHOOL FOCUS

OverThere 4

A New Home in London The ReasonWhy Juan E.Mendez - A Dynamic Leader Working for Peace and Justice Specialties - International Style A Different Kind of Law School - "Down Under"

c o N T E N T s

3 FROM THE DEAN 38 Community Spirit 18 AFTER HOURS Father Mike Show Travels with an Itinerant Trial Advocacy 39 IrishLaw Sporrs Report Teacher: Jim Seckinger 40 News from the Legal Aid Clinic 20 FACULTY NOTES - Spring Break - Service Style 24 St. Nicholas Day Children's Party 42 LAW SCHOOL BRIEFS 25 ALUMNI NOTES CLEO Diversity Award 27 In Memoriam A Celebration of Scholarship Editor: Cathy Pieronek 30 New Additions Distinguished Speakers 31 Bar Association Receptions Feminist Jurisprudence Contributing authors: John Blakeley, 32 NDLA '99 Election Results 43 Administrative and Staff News James A. Gresser, David T. Link, NDLA Summer·Service Opportunities News from the Career Services Office David M. Morrissey, Cathy 33 LAW ALUMNI REUNIONS - A Banner Year for Employment Pieronek, Barbara Szweda 34 STUDENT NOTES 44 News from Law School Relations Principal photographer: Moot Court and Trial Teams Legal Ethics in D.C.: From the Matt Cashore Moot Court Showcase Argument Golden Dome to the Capitol Dome 35 National Appellate Team FallCLE Notre Dame Lawyer is published National Trial Team - The Barristers ADR Programs for the alumni and friends of the International Moot Court 45 News from the Center for Civil and University of Notre Dame Law 36 Student- Edited Journals Human Rights School, Notre Dame, Indiana. Student Editors Human Rights at Home - Notre Dame Law Review the Death Penalty Question Address correspondence to: Journal of College and University Law Distinguished Speakers - Notre Dame Lawyer Notre Dame Journal of Law, Ethics Human Rights Roundtable ll8 Law School & Public Policy Activities Around the World Notre Dame, Indiana 46556 Journal of Legislation 46 Notre Dame Advocates: Telephone (219) 631·6891 37 Student Service An Opportunity for Service Fax (219) 631·4789 Toys for Tots 47 News from the Order of St. Thomas More BLSA Minority Outreach Program 48 News from Law School Development Spring 1999 Law Library Expanding International Collections IF R o M li H E ID E A N

his is a great time to be in Catholic legal education. At the Notre Dame Law School, we're experiencing some exciting opportunities to spread our vision throughout legal education; and within Catholic legal education, we're seeing some interesting new trends that should strengthen every religiously based law school in the country. As you may know by now, University President Reverend Edward A. Malloy, C.S.c., has named Vice President for Student Affairs and Professor of Law Patricia A. O'Hara '74 J.D. the ninth dean of the Notre Dame Law School, effective July 1, 1999. Throughout the dean search process, we have examined our mission to identify our core values and have recommitted ourselves to supporting that mission. Now, in my new role as dean emeritus, I will be able to devote myself full time to exploring the idea of'healing in the law" - research that will result in a number of books as well as a PBS television series with Bill Moyers and provide yet another opportunity ro spread the word about Notre Dame and our "different kind oflaw school:' You may have heard that Professor Doug Kmiec, who had been a member of our faculty since 1980, has decided to stay at Pepperdine University, another religiously based law school. And recently, Professor John Garvey, a noted scholar and member of our faculty since 1994, has been named dean of the Boston College Law School, a jesuir-run institution. Although we will miss our esteemed colleagues and treasured friends, I know that, through their teaching and scholarship grounded in principles of justice, morality and the natural law, they will inspire their new colleagues and students. I thank them for their loyal service to Notre Dame and for their friendship. You may also have heard that the founder of Domino's Pizza, Tom Monaghan, has established a new proprietary Catholic law school near Ann Arbor, Michigan. Ave Maria Law School - the nation's 25th Catholic law school - will open its doors to its first class of students in the fall of2000. The law school will be headed by Dean Bernard Dobranski - who graduated from the University of Notre Dame in 1961, taught on the Notre Dame Law School faculty from 1977 to 1983, and served as dean of the religiously based law schools at both University of Detroit-Mercy and Catholic University of America. NDLS Professors Gerard Bradley and Charles Rice have agreed to serve on Ave Maria's Board of Governors. What does this new law school mean for Notre Dame, I can think of nothing but good. The attention being paid to the opening of Ave Maria will help all religiously based law schools - including ours - to maintain their religion-inspired mission. We don't all need to do this in the same way, but each of us needs to remain true to certain fundamental principles including - in the case of Catholic law schools - the natural law. The presence of former and current ND LS faculty members in leadership roles at other law schools will help expand the influence of our "different kind oflaw school" throughout legal education. The competition and the interaction of faculty and deans will make all religiously oriented law schools stronger. Of course, one fact that makes Notre Dame unique among such law schools is the loyalty of Out alumni and friends. You have encouraged us to stay true to our mission, and you have provided us generous financial and emotional support to further that mission. And as you will read in this issue of Notre Dame Lawyer, our influence now extends well beyond continental borders - indeed, into every inhabited continent. I am proud of the work our Notre Dame lawyers do abroad, and I am heartened every time someone overseas reacts positively to a Notre Dame presence. You have enabled our successes in a number of ways, and your support has encouraged us to broaden our reach anywhere people yearn desperately for peace and justice. I hope you will take advantage of the opportunities presented within these pages to help Notre Dame succeed in its mission. You can help in a number of ways - through Notre Dame Advocates for Human Rights, through service in your hometown, or through enabling our students to serve the underrepresented. Together - and individually - we can have a tremendous impact on our profession and on the lives of those we serve. On a personal note, I am happy to share with you some great news. My wife Barbara has finished her second series of chemotherapy treatments to combat the cancer with which she was diagnosed last May. The results of a recent CAT scan and other medical and chemical tests have all been negative. Her doctors have declared her condition to be in remission. We have been blessed with extremely good medical services, but I doubt that the present success could have been achieved without your many prayers. I do not know how anyone can go through something like this without the support of a community like Notre Dame. 'barDara ana'! wiu'oe iorever grate'iul to rne);;'otre'Uame'iarriilY, ana. we wili'keep eacn 01youin our tnarik-you prayers. With best wishes for you and your family, I remain

Yours in Notre Dame,

David T. Link Dean and Professor of Law • 4

LAW SCHOOL FOCUS

ver Th ere

ne of the many issues offers formal international-study opportuni- raised during the recent ties only in London, England, its influence debate about Notre has also spread around the world. Particu- _ Dame's decision to join larly in the last decade, NDLS has attracted the Big Ten Conference dozens of successful lawyers from around concerned whether the world to LL.M. andJ.S.D. programs in ilaffiliating with a conference of mostly Mid- international human rights on campus, and western universities would change Notre to an LL.M. program in international com- Dame from a nationally known university parative law in London. NDLS faculty into a regional one. But this concern belies increasingly have added international the fact that Notre Dame has gone well componen.ts to their teaching and scholar- beyond being even just a national university ship, and their work often takes them anymore. Through an increasingly interna- abroad to teach and to learn from other tional student body and alumni population, lawyers and law professors. Alumni who and through 19 foreign-study programs live and work abroad represent well the offered in 13 countries on six continents, the professional and personal ideals for which University founded by seven French and NDLS stands. Irish immigrants nearly 157 years ago has Tangible evidence of the ever-broaden- developed a strong international reputation ing reach ofNDLS has manifested itself on for academic and scholarly excellence, and as every inhabited continent. And this reach a force for ethics and values in academic and goes beyond just attracting students from professional pursuits. these countries or keeping in contact with The Notre Dame Law School has been the 150 or so NDLS alumni who live an integral part of the international reach of abroad. Just a few examples illustrate the the University for more than three decades. wide range of activities through which And although the Law School currently NDLS spans the globe:

By CATHY PIERONEK '84, '95 J.D., DIRECTOR,LAW SCHOOL RELATIONS • 5

the center's South African graduates now teaches a course for NDLS on the English NORTH AMERICA teach human-rights law at universities back legal system, is often surprised at how home. The center is also the only educa- Americans view the English legal system. Interns at the NDLS Immigration Clinic tional institution to have been granted ob- "When I teach about the English legal sys- assist clients who come to South Bend from server status at the African Commission for tem, I'm sure the American students will allover the world with their immigration Human and Peoples' Rights. find certain things odd or undesirable. I'm and asylum applications. Under the guid- always amazed at how their view differs ance of clinic director Barbara Szweda, stu- from my perception of what I think their dent interns often travel south on semester ASIA view might be. I've learned to look at the breaks to places like Florida and Texas to English and American legal systems through aid immigration workers when, for example, Each year for the last two decades, one their eyes, and my own scholarship has a political crisis or hurricane causes a heavy judge and one prosecutor from Japan, both benefited from that interaction:' influx of immigrants from Latin America. new to their professions but projected to enjoy great success, spend two semesters The LL.M. and J.S.D. programs in studying American law at NDLS. international human rights further the SOUTH AMERICA University's commitment to working for justice and peace in areas of the world that The late Reverend William E. Lewers, AUSTRALIA have experienced long periods of terrible C.S.c., and the Center for Civil and Human civil strife and even genocide. Mr. Juan Rights played a central tole in the English- Dean David T. Link '58,'61 J.D. served as Mendez, who will become the fourth direc- language publication of the report of the founding chancellor of the University of tor of the Center for Civil and Human Chilean National Commission on Truth and Notre Dame Australia, the first Catholic Rights this October (please see P: 10), com- Reconciliation, documenting human-rights institution of higher education in that ments that, in Latin America especially, abuses during the rule of General Pinochet country. With other NDLS faculty, he has "Notre Dame is a well-known moral force. - a document that today undoubtedly will played a significant part in the development Not only does the University have a strong aid authorities in determining the general's of the first and only Catholic law school academic reputation, bur it has a strong fate. At least one student from Chile par- in Australia, and has hopes for a student- reputation as a force for good:' ticipates in the center's LL.M. program and faculty-exchange program in the The interaction between NDLS and each year. And graduates from the center's near future. the University of Notre Dame Australia - programs frequently serve postgraduate and in particular, with its new law school internships with nongovernmental human- he reasons for NDLS to (please see P: 14) - provides an opportu- rights organizations based in Central and reach out overseas vary nity to explore what it means to be a truly South America. with the causes served Catholic law school while helping establish by NDLS students, the first Catholic law school in Australia. In

EUROPE alumni and faculty. that work, NDLS can help effect true T But these reasons share change in a nation whose laws and ethics J.D. and LL.M. students in London learn a common thread - to deliver an excellent were developed in the post-Enlightenment international law and the law of other na- education to NDLS students who must era, rather than from the firm foundations tions from a cadre of distinguished British practice law in an increasingly global of the judeo-Christian religious tradition. and other European practitioners and law economy and society, and to work toward The work performed each and every professors. LL.M. and J.S.D. graduates the goal of securing justice and peace for day by NDLS students, alumni and faculty from the Center for Civil and Human those who do not enjoy the God-given affects the daily lives of individuals, the poli- Rights, along with select faculty, have played rights of life, liberty and the pursuit of cies of governments and the operations of active roles in the United Nations Interna- happiness. nongovernmental organizations worldwide. tional Criminal Tribunal for the former The London Law Programmes (please And through the efforts of the Notre Dame Yugoslavia. see P: 6) provide students with the opportu- Advocates for Human Rights (please see p. nity to study law in the nation that gave 46), even more alumni and friends, working birth to the common law, learning from right from their own homes or offices, can AFRICA professors who teach at a range of British help NDLS strengthen its worldwide reach Other LL.M. and J.S.D. graduates from law schools. Through internships with Brit- by assisting attorneys abroad who lack the the CCHR, along with NDLS faculty, have ish practitioners, they learn about legal time and money to perform even the most helped train the lawyers and judges who practice in an increasingly global economy, basic legal research in support of human- will conduct the trials under the auspices in the cosmopolitan city that sits at the cen- rights causes. of the International Criminal Tribunal for ter of European commerce. The London We've accomplished a lot in 30 or so Rwanda. Each year, at least one student law professors note that they learn from the years of foreign outreach. In some places, from South Africa participates in the students as well. Penny Darbyshire, a senior we still have a long way to go. And we won't center's programs, and over one-third of lecturer in law at Kingston University who be back 'til it's over - over there. • 6

A New Home In

his past February in France, who stayed at Number 7 for several London, England, the days in 1814 while preparing for his trium- University community phant return to Paris and restoration as celebrated the culmina- king. In later years, the building served as tion of more than two headquarters of a yacht club, a tailor shop years of planning, prepa- and home of a literary society:' ration and hard work with a formal dedica- Notre Dame added its own history and tion of Marian Kennedy Fischer Hall - the traditions, taking occupancy of the building new home of the University's London cam- in the early 1980s under a lease containing pus. Located at the corner of Pall Mall and extraordinarily favorable terms in a de- Suffolk Street, just one block from pressed real-estate market. At the time, the Haymarket and a couple of short blocks Law School's summer and second-year pro- east of Trafalgar Square, the new facility grams for J.D. students formed the core of more than doubles the physical space avail- the University's presence in London, al- able for the University's programs to 27,000 though the M.B.A. program had recently square feet on five floors. added a semester-long program. In 1981, Past participants in the London Law however, the University opened the doors of Programme will recall the charming build- the London "campus" to undergraduates in ing with the colorful past at No.7 the College of Arts and Letters, beginning a Albemarle Street in the Mayfair District. semester-long program for juniors. Over Professor J. Eric Smithburn, who directs the the last two decades, this undergraduate summer program in London, recounts its program has become very popular with stu- history: "The beautiful building was con- dents and faculty alike. In 1997, the Univer- structed in the 1720s for Admiral Sir John sity added a number of courses to make the Norris. During its restless history, the program practical for juniors from all four building [saw J more than a few chapters of undergraduate colleges. And while this history played out within its walls. Amelia program growth has gone a long way toward Sophia DeWaimoden, Countess of making Notre Dame the leading research Yarmouth, mistress of King George II, re- and doctoral university in terms of the per- sided at 7 Albemarle Street for several years centage of students studying abroad, it also in the 1760s. During her residence, the rendered No.7 Albemarle Street entirely Treaty of Paris with the French was, at least too small to properly accommodate the in part, negotiated at Number 7. The build- University's growing presence in London. ing became a fashionable hotel in the early So the University faced a challenge - 1800s, playing host over many decades to to find an affordable building large enough visiting royalty throughout Europe. One of to accommodate the London student body, the distinguished guests was Louis XVIII of which numbers about 400 annually, and

By CATHY PIERONEK '84, '95 J,D" DIRECTOR,LAW SCHOOL RELATIONS • 7

capable of being configured barrister, journalist and into modern classroom, study historian. and social space. Letters to Celebrating its 30 years in , local colleges and universities London, the Law School I inquiring about unused and hosted a special reception for rentable space went unan- the London law faculty, mem- swered, until a letter from the bers of the British legal com- British School of Osteopathy munity including practitioners I arrived indicating that the and educators, and a dozen or school had recently vacated a so NDLS alumni living in the ,I Crown property that - de- United Kingdom.The event spite the lack of a sufficiently proved to be a great opportu- colorful history - might be nity to thank those who have suitable for Notre Dame's worked so hard to make the I purposes. program a success - espe- From its construction in cially the dedicated faculty and 1906 until 1979, the building served as the bright and spacious structure features class- the practitioners who have made intern- I home of the Oxford and Cambridge Men's rooms, offices, libraries, social! reception ships available to our students. It served as Club. According to Geoffrey Bennett, direc- space, apartments, a refectory and, in true a way to introduce the Notre Dame London tor of the London Law Programme, "The Notre Dame tradition, a chapel. The Law Law Programme to members of the British building's exterior reflects the discreet gran- School occupies two floors of the five-story legal and legal-education communities who deur that was thought to be appropriate to building with classrooms, a moot-court- might be interested either in teaching in the an Edwardian club.The interior incorpo- room and dedicated law library. The decor program or in offering internships to Out rates many of the period details to be incorporates cheery yellow tones and muted students, and has given our London alumni expected of a building of this quality, rose tones, with plenty of bright white- a place to call home - 4,000 miles away I including a sweeping central staircase, painted architectural details and trim. The from home. ! I imposing reception rooms and marbled refurbished exterior blends nicely with the And how do the students feel abour fireplaces." surrounding buildings, and subtly conveys the new building? "I love it;' notes Karen Despite its historical grandeur, the first Notre Dame's growing presence in London. Edmonson '00 of Pleasant Hill, California. impression of those who surveyed the facil- In early February, University officers "The building is beautiful and it's in a great ity, which had stood vacant for a number and the Board of Trustees traveled to Lon- location:' Other students point to nearby of years, was that a clever real-estate agent don to dedicate Marian Kennedy Fischer attractions, including the National Gallery might describe it as afixer-upper," To say Hall, honoring Mr. Fischer's mother. In just two blocks east, as some of the many it "needed work" would be quite an under- addition to a formal dedication at Fischer benefits of the new location. statement. Nevertheless, the University Hall and a dedication Mass at Westminster The London Law Programme forms realized the building's potential, and secured Cathedral, the festivities included a recep- the cornerstone of an international-study a 99-year lease from the Crown. tion at the American Embassy and a cer- program that University President Reverend Two years later, thanks to a generous emony at which the University conferred Edward A. Malloy, C.S.c., describes as "the gift from the Charles K. Fischer '49 family the degree of Doctor of Laws, honoris causa, linchpin of Notre Dame's rapidly expanding of Fort Worth, Texas, this magnificent on four prominent Britons: George Basil international presence:'The University's Edwardian structure in the heart of London Cardinal Hume, archbishop of Westminster, commitment to the new London facility has been renovated in a manner that satis- who gave the principal address at the cer- serves as a testament to all that has been fies the strict planning controls imposed on emony; the Most Reverend George Carey, accomplished through that program over Crown properties, yet accommodates the archbishop of Canterbury; Sister Dorothy the past three decades, and signals an even requirements of a modern teaching facility, Bell, R.S.C.J., an educator and AIDS greater commitment to expanding the inter- including increased capacity for computer ministry coordinator; and Lord St.John national outreach of NDLS well into the connections back to South Bend.The of Fawsley, a prominent Catholic author, next century.

LONDON - AUGUST 2000

In celebration of the new millennium,the American BarAssociation will hold the second week of its annual meeting in 2000 in London. NDLS will host the meetings of the Section on Legal Education and Admission to the Bar at Fischer Hall,and will host its annual Notre Dame LawAssociation reception at the London campus, most likelyon the first Sunday inAugust. Ifyou're planning on traveling across the Atlantic for this meeting, watch for details of the meeting and reception in future issues of this magazine. The Reason

ou don't have to spend questions as: "Now tell me, why did you too much time in En- hy need to go to London to study corporations? gland to realize that the Or international business transactions? Or English have a special jurisprudence? Even international law? relationship with their Couldn't you have studied these subjects gardens. Understand the just as well in South Bend, and surely with way the English feel about their gardens, fewer distractions?" Behind such questions and you understand an important aspect of lies the lurking suspicion that law students the English national character.(I use the who come to the London Law Programme term "English" here advisedly. The Welsh simply decided to "goof off" for a while, and the Scots are not the same - which is away from the watchful eyes of the home something else you pick up quickly.) This campus. point was first made to me by the former The doubters have a point. After all, United States Ambassador to the United why should a serious law student change Kingdom, Admiral William J. Crowe Jr. An location in order to learn? If you were dis- admirer of many things English and himself cussing art or architecture, for example, you a keen gardener, Admiral Crowe often stole could answer that a student of these sub- moments from his busy diplomatic schedule jects needs to see what others have made in to learn from this nation of gardens and order to learn from their achievements. gardeners. Whether that argument holds for law stu- He often remarked that one of the dents, especially those who plan to practice things that impressed him most about En- only American law, is certainly a fair and glish gardening was the emblematic English open question. lawn - carefully weeded, trimmed and, Before attempting an answer, I should, most characteristically, striped. Once, while in the interest of full disclosure, acknowl- visiting an Oxford college, the ambassador months here in England could be a rich edge a vested interest in the matter. Having came upon a college gardener rolling the educational experience. spent my second year as a Notre Dame law grass to achieve that striped effect. The But Notre Dame law students go to student (1978-79) in the London Law ambassador asked the gardener for the se- England to study the law, not the lawns. Programme, having returned to England to cret to his country's beautiful lawns. And the question they frequently face is study for an LL.M. in international law at "There's no great secret;' the gardener re- whether their academic sojourn is time well Cambridge, and now having taught in the plied."You simply water the grass, then spent. What possible reason could there be program for the last three years, I may not mow it, and then roll it. A few days later, to cross an ocean to study something that be the most objective critic of international you water it again, mow it, and roll it. Then surely could be learned just as well from the legal study. On the other hand, my apologia keep doing the same thing for 200 years:' law books and professors on the home cam- pro vita sua at least has the credibility of a By the time his assignment ended, pus? Of what benefit is study in London to first-hand account. Ambassador Crowe had collected quite a someone who will likely practice law only To begin with, as third-year students few new ideas for his garden back home, on American turf? And if it is such a great learn in Trial Advocacy, let me freely con- including a number of practical suggestions idea, where is the Harvard London Law cede the weak points. Yes, students could on gardening technique. He had also Programme? read the same books just as easily at home. learned some important lessons about pa- Skeptics will point to the fact that And yes, faculty members are not necessar- tience, care and concern - for beauty, for students are often drawn to international- ily better just because they are not Ameri- the physical land itself, for tradition. Based study programs for reasons other than their can, nor are their pedagogical methods so on his experience, then, you might conclude academic rigor. Study law in England, and vastly different from or superior to their that if gardening is your interest, a few job interviews likely will include such American counterparts. What is unique about studying law in England, however, what gives it real value as By JAMES A. GRESSER '75, '80 J.D. a professional learning experience for American lawyers, is something simply not • 9

offered in the United States. It is something British people say - most often indirectly forum. In 1776, the Englishmen who the students have to seek out on their own, - about the operation of law in their soci- founded the United States wrote to their largely outside the confines of Fischer Hall, ety. They can read, watch and listen to the erstwhile king to inform him, somewhat to the University's magnificent new teaching British media, paying critical attention to his surprise, that governments were insti- facility in London, and the traditional ap- the role of law in this society beyond the tuted to secure the rights of citizens, and proach to education it represents. professional activities of lawyers, judges that they derive their legitimacy from the To find it, they must bring with them and lawmakers. consent of the governed. Our students in to London a precious heirloom. Something As law, like so many things, becomes the London Law Programme now have the they will give no thought to packing. I increasingly global, the practical advantage opportunity to listen carefully as the citi- mean, of course, the American legal tradi- of understanding other legal systems can zens of modern Britain consider whether tion. In so many ways, this tradition is a be easily recognized as good in itself. The and how to give their consent to an emerg- legacy Americans inherited from the British educational benefits of our London Law ing European government, while simulta- when our republic was born. It is a legacy Programme extend, however, even to those neously devolving legislative authority to of legal principles, a way of thinking about lawyers who will never practice outside a new assemblies in Scotland and Wales as law, a language of law and, perhaps most limited field in their home jurisdictions. A well as redesigning the House of Lords. importantly, a way for ordinary people to student who plans to practice criminal law, Such debates offer our students an excellent live in a society governed by law. Once the for example, can seek to understand the opportunity to consider how well the students arrive in England, they have the relationship between criminal law and United States Constitution would meet opportunity to look closely at how, in the criminal activity in Britain. The United similar challenges. living laboratory of British society, the same Kingdom has no death penalty, and yet Brit- These examples illustrate what is, in general legacy has grown and developed into ain has far fewer crimes per capita than the the end, the reason international legal study its present form, and how that growth and United States of the sort that would war- - particularly in England - can be so development differs from and compares rant a death sentence. Does this reveal worthwhile: By living in this society and by with the American experience. If they take more about the homogeneity of British soci- looking critically at the pervasive role of law the task seriously - and seeing is always ety, or more about the deterrent effect of the within it - something that cannot be done hard work - they will find the similarities death penalty? Britain is generally perceived in South Bend - our students can compare as well as the differences striking and sur- to be a safer society in America. Is this be- the legal fabric of British society with that prising, and will come to a much deeper cause the American legal system has failed, or of their own. The principles at the heart of understanding of how law shapes a society because the American people have failed? the law Notre Dame lawyers will practice and how society reciprocates. Our students should also take notice are so closely woven into the fabric of our To take advantage of this opportunity, of what they do not find in the British me- society at home that many people barely the law students must wisely use their time dia. In the States, for example, abortion notice them, or worse, take them for outside the classroom and the library. They remains a"hot burton" issue in many politi- granted. In the course of a year in London, must see for themselves how British laws cal campaigns, while in Britain abortion as a however, the similarities and differences are made by visiting the Houses of Parlia- political issue is mentioned rarely if at all. between the two legal systems stand our in a ment.They must see for themselves how Why is that? Or consider that the liability way that puts the operation of law in society British laws are enforced by visiting the Old of tobacco companies for causing cancer is into sharp relief. Bailey, the Royal Courts of Justice and the the subject of some of the largest potential Seeing the elements of a common heri- Crown Courts, and by talking to British settlements in the history of American liti- tage of British legal tradition at work here, lawyers. The learning, however, must not gation, while American tobacco sales in bur in a different arrangement and in a dif- stop there. To see how the law really works, Britain and Europe are booming. To smoke ferent relationship to the British people, our our students must recognize that the most in America is considered declasse. Many students come away with more than just a important role the law plays is not in the Britons, on the other hand, find the Ameri- valuable understanding of the British sys- courts dedicated to addressing its occasional can intolerance of smokers a sign of bad tem. They become better able to discern, to breach, but rather, is in the society where it manners.Is society shaping the law, or is it understand how things might be otherwise is observed and respected on a daily basis - the other way around? Or is this an ex- - for better and for worse. This experi- where, if you will, the law is "practiced" by ample of the dialectic between the two? ence will prove uniquely valuable to our everybody. In London, students have the If these examples seem a bit narrow, students in their professionallive& a!;h",· opportunity to observe British society in consider some of the larger constitutional yers, judges and perhaps even lawmakers in action. They can listen carefully to what issues being debated in the British public the years ahead.

JAMES A. GRESSER, A DOUBLE·DOMER WHO SPENT HIS SECOND YEAR OF LAW SCHOOL IN THE LONDON LAW PROGRAMME, IS ATTORNEY·IN·CHARGE WITH THE UNITED STATES DEPARTMENT OF JUSTICE, CIVIL DIVISION, EUROPEAN OFFICE, AT THE AMERICAN EMBASSY IN LONDON, ENGLAND. DURING THE 1998·99 ACADEMIC YEAR AS AN ASSOCIATE PROFESSOR OF LAW IN NOTRE DAME'S LONDON LAW PROGRAMME, HE TAUGHT A COURSE IN

INTERNATIONAL ENVIRONMENTAL LAW TO THE PROGRAM'S J.D. AND LL.M. STUDENTS. Juan E+ Mendez A DYNAMIC LEADER WORKING FOR PEACE AND JUSTICE

ince the death of Rever- Juan E. Mendez, a native of Lomas de Specifically, he represented trade unions end William E. Lewers, Zamora, Argentina, has dedicated his legal working for labor reform, but quickly be- CS.C, in April of 1997, career to the defense of human rights, and came involved in representing political pris- the University and the will bring to the CCHR a long and distin- oners. It was dangerous work. Many of the Law School have en- guished record of human-rights advocacy better-known lawyers who represented gaged in a worldwide throughout the Americas. He hopes to these political prisoners left Argentina out search for his successor as director of the build on the strong international reputa- of fear. Many of those who stayed faced the Center for Civil and Human Rights tions of the CCHR, the Law School and the very real prospect of being executed by the (CCHR). During his decade as the center's University to effect true change in interna- government. As a young and relatively un- director, Father Lewers developed the tionallaw issues such as human rights and known lawyer, he was able to work on these CCHR into an internationally recognized peace, and international criminal justice for cases quietly between 1970 and 1975. But leader in the field of international human- war crimes and crimes against humanity. as he became more successful and better rights education. He reformed the center's He earned his law degree from Stella known, he was arrested, tortured and even- mission and institutional structure by add- Maris University, a Catholic university in tually placed in administrative detention ing a unique graduate teaching program to Mar del Plata, Argentina, in 1970. He be- under the "state of siege:' The Argentinian the existing research and service activities gan his human-rights work as a student dictatorship held Mr. Mendez for a year and developed by his predecessors, former leader trying to encoutage the implementa- a half without bringing formal charges CCHR directors Professor Howard tion of social reforms promoted by the Sec- against him. More than one hundred other Glickstein and Professor Donald Kommers. ond Vatican Council in a country where lawyers suffered similar treatment, most of And now, this October, the CCHR will weak civilian governments, suddenly re- them for even longer periods. welcome its fourth director - a visionary placed by oppressive military dictatorships, The United States government, at the leader and outstanding human-rights lawyer dominated the political landscape. As a urging of the American family with whom who plans to strengthen the center's existing lawyer, he began his practice by serving he had lived while an exchange student, degree programs and expand its influence those who wanted to change the norms pressed for his release. Amnesty Interna- both abroad and at home. imposed by those dictatorships. tional adopted him as a"prisoner of IN HISANNUALADDRESS to the University faculty • Associate Professor Paolo Carozza clerked for • Ada Verloren Van Themaat '90 LL.M, joined the last October, President Edward A. Malloy,C.s.c., high- Chief Justice Edward C. Kingof the Supreme Court of center this past fallas assistant to the director. She lighted the strengths of academic programs across the the Federated States of Micronesia. As an associate at represented NDLS at the recent meeting of the African University. Among the Law School programs men- the Washington, D.C., law firm of Arnold & Porter, he Commission for Human and Peoples' Rights,has helped tioned, Father Malloy noted the significance of the engaged in international-law practice and significant coordinate the center's March conference on the Center for Civil and Human Rights. "If you think, for human-rights pro bono work. He has had experience as Permanent International Criminal Court, and assists in example, about the dilemma between England,Spain a researcher at the University of Chile and as a visiting the center's other programs. and Chile right now, with former (Chilean) President professor at the University ofTrent (Ita~). He has co- Pinochet and all of the things that bring to the surface authored two books and a number of articles on com- • William P. Hoye, associate vice president and the role of immunity from prosecution and how this parative law and human rights, including a co-authored counsel and concurrent associate professor of law,has affects Rwanda, Burundi, the former Yugoslavia,North- book on the Supreme Court of Argentina published in joined the center's LL.M.program in international ern Ireland and many other places,the role of the Argentina in 1995, and Uses ond Misuses of Low inInter- human rights. His interest in this area grew out of work Center for Civil and Human Rights and the kind of national Human Rights: SomeRe~ections on the European he has performed at the University in developing the international perspective that [its faculty and students) Court of Human Rights published in volume 73 of the University's code of conduct for licensees, adopted in bring to the campus is visible when you see those who NOTREDAMELAwREVIEWlast year. 1996 and the first code of its kind in anyAmerican participate in [the center's) programs and the range of university. He chairs a campus-wide task force to countries and cultures represented. I really do believe • Garth Meintjes '91 LL.M" associate director of examine the more complex issues surrounding the we can have a major impact on how we think collec- the center, teaches and writes in the areas of interna- "sweatshop" question, including whether to require tively about the present world order:' tional criminal law,human-rights ethics, international public disclosure of all manufacturing sites where The center's faculty contribute to the discussion of humanitarian law and human-rights research methods. University-licensed products are made, whether peace, justice, human rights, civil rights and the present He has established a number of human-rights intern- to require the payment of a livingwage, and whether world order in a number of ays - sponsoring and co· ships and service projects around the world both to to require companies not to interfere with the right sponsoring conferences at the University,participating give graduates of the center's LL.M.programs practical to free association and the right to organize. He in conferences and the of international organiza- experience in human-rights law and practice, as well as is also involved in the University's efforts with tion around the ,and teaching and writing about to further the cause of peace and justice. In 1994,with PriceWaterhouse Coopers to independently monitor human-rights issues and intenlationallaw. financial assistance from the MacArthur Foundation, he factories that manufacture University-licensed products The summer 1'In issue of Notre Dome Lawrer established an internship program for the International - another first in higher education. highlighted the center's faculty,whose scholarly interests Criminal Tribunal for the former Yugoslavia,and has arewide~. since broadened the center's internship opportunities to include such notable institutions as the International • Professor Dinah Shelton concentrates her teach- Criminal Tribunal for Rwanda, the Inter-American "I really do believe ing and scholarship on international human rights law Commission of Human Rights, the United Nations we can have and international environmentIf law. She has published Human Rights Centre, the African Commission on or re'Iised three human-rights teXts in the last four Human and People's Rights,and the Inter-American a major Impact years. and has sened as a consultant to the United Institute of Human Rights in Costa Rica. He has orga- on how we think Nations, the European Community, the Council of nized a number of conferences at the University on the Europe and wrious governments and nongovernmental topic of international human rights, including one this collectively organizations. She has lectured on international-law March titled "The Permanent International Criminal about the topics around the world - most recently in Swiaer- CourtWili it Make a Difference for Peace and Human land, Hungary,Japan and New Zealand, in Iowa City,and Rights:' present in Funehal on the Island of Madeira. Last June she world order:' taught a course on Environmental Rights at the Acad- emy of European Law in Rorenee,ltaly. REVEREND EDWARD A. MALLOY, C.S.C.

conscience:' When exrrarerritorial pressures Righrs Under the Law, he moved to Wash- he became general counsel of Human grew too grear, the Argentinian government ington, D.C., to help in the committee's Rights Watch, with worldwide duties in released him - actually escorting him from wide-ranging civil- and human-rights pro- support of the organization's mission and detention direcdy to an airplane bound for grams. In 1982, the then-nascent organiza- wirh responsibility for the organizarion's Paris. After reuniring with his wife and tion now called Human Rights Watch asked litigation and standard-setting activities. In children, who had spent rhe last few months him to start its Americas program (then 1996, he became the executive director of of his detention in Brazil awairing his called "Americas Watch") and to open its the Inter-American Institute of Human release, he came to the United Stares. Washington, D.C., office. For 15 years, he Righrs in Costa Rica where, among other With the help of his American family, worked with Human Rights Watch, concen- things, he has had the opportunity to teach he settled in Illinois and continued his hu- rraring his efforts on human-rights issues in about human rights to police and military man-rights practice, working for the Catho- the western hemisphere, and helping to officers, lawyers, journalists, public officials lic Church in Aurora, Illinois, to protect the build the organizarion into one of the most and others throughout the Americas. righrs of migrant workers. In 1978, at the widely respected human-rights nongovern- Along with all of his international hu- request of the Lawyers' Committee for Civil mental organizarions in the world. In 1994, man-rights experience, Mr. Mendez brings a • 12

familiarity with Notre Dame as well. He by offering courses oriented to U.S. civil- first became aware of the work of Father rights issues. He believes such programs Lewers and the CCHR in 1993, when the will appeal to J.D. students and will have the center published the English translation of beneficial side effect of exposing them to the the Report of the Chilean National Com- As the director of the myriad of opportunities available in the mission on Truth and Reconciliation, which fields of civil rights and human rights not remains the most thorough documentation CCHR, [Mr. Mendez] will only in oppressed nations around the world, of human-rights abuses in Chile during the but also at home in the United States. Pinochet regime. He has also had the op- Beyond teaching, Mr. Mendez believes portunity to study and teach at the Univer- have the ability both to that the center is in a strong position to sity. In 1994, the Helen Kellogg Institute intervene in major international law issues for International Studies invited him to teach and to research key beyond human rights, including interna- campus as a guest speaker. In the 1996 fall tional criminal justice - noting specifically semester, as a visiting fellow at the Kellogg human-rights issues, and a the current Pinochet case. He knows from Institute, he also taught in the CCHR's personal experience the high quality of the LL.M. program. And in 1998, the CCHR strong platform from center's graduates and the respect these honored him with its inaugural Reverend Notre Dame lawyers enjoy throughout the William E. Lewers, C.S.c., International which to address major world.And he comments that the Univer- Award for Distinguished Service in Civil sity of Notre Dame commands respect and Human Rights. worldwide for its moral authority and the Mr. Mendez sees the directorship of civil- and human-rights quality of its educational platform. He be- the center as the next logical progression lieves this combination will make it possible of his career in human-rights law. While issues all around the to effect true and lasting change in areas of at Human Rights Watch, he helped direct the world that lack a strong moral founda- research into human-rights abuses, particu- world through teaching, tion to their systems of justice. larly in the western hemisphere. And as the But as he prepares to lead the center organization's general counsel, he became writing and sponsoring into the next century, he reminds all Notre aware of the complexities of the develop- Dame lawyers that working toward civil ment of international law in the area of hu- conferences. and human rights is not simply the respon- man rights. Beginning in 1992, he has had a sibility of those few individuals educated by number of opportunities to teach human- the center each year. He urges all Notre rights law, including at Georgetown Univer- Dame lawyers to find ways to become in- sity, at the Johns Hopkins University School volved in the causes of civil and human of Advanced International Studies, and capitalize on the unique features of the pro- rights both at home and abroad, and to most recently at the Oxford University gram that distinguish it from other LL.M. participate in the work of the center - Summer Program in International Human programs, especially the international stu- through attending conferences, providing Rights Law. Teaching, therefore, has be- dent body and the postgraduate human- financial support for students and for re- come an ever-increasing part of his interest rights internship program that has sent search projects, or by taking a more active in the human-rights movement.This inter- Notre Dame lawyers to work for human role as a member of the Notre Dame Advo- est has continued to grow through his du- rights all around the world, including, for cates for Human Rights (please see page ties at the Inter-American Institute. As the example, at the international criminal tribu- 46). director of the CCHR, he will have the abil- nals for the former Yugoslavia and Rwanda, For a quarter of a centuty, the Center ity both to teach and to research key hu- with the Catholic Church in Guatemala, for Civil and Human Rights has been mak- man-rights issues, and a sttong platform and with civil- and human-rights organiza- ing a difference in the lives of oppressed from which to address major civil- and hu- tions in South Africa. people all around the world. And now, un- man-rights issues all around the world Building on this strong foundation, der the new and exciting leadership of Mr. through teaching, writing and sponsoring Mr. Mendez plans to make the work of the Juan Mendez, the center and its graduates conferences. center accessible to the rest of the Law have the opportunity to branch out in new He sees the LL.M. and J.S.D. pro- School community - in particular, the J.D. directions and make even greater impacts grams as the mainstays of the center, and students. He recognizes the gap between abroad and at home. We welcome him, will continue to strengthen the program's the J.D. students and the center's LL.M. and and welcome the new challenges he brings offerings to its students. He plans to J.S.D. students; and hopes to bridge that gap to all of us.

VISIT THE CENTER FOR CIVIL AND HUMAN RIGHTS WEBSITE AT http://www.nd.edu/-cchr. • 13

Specialties - International Style

number of faculty mem- which grew out of research he did as a se- work with the National Institute of Trial bers have become in- nior visiting fellow at the University of Ab- Advocacy, have presented a number of volved in international erdeen, Scotland; and Law, Governance, and trial-advocacy, witness-deposition and law through their spe- Academic and Disciplinary Decisions in Austra- teaching-techniques programs in British cialized areas of teaching lian Universities: An American Perspective in Commonwealth countries and elsewhere and scholarship, either by the ARIZONAJOURNALOF INTERNATIONAL around the world. As a member of the ad- adding an international dimension to a tra- ANDCOMPARATIVELAW. Since 1996, he junct faculty of the Nottingham Law School ditional substantive course or by developing has served as an invited member on the in Nottingham,England, Judge Brook has comparative scholarship in a specialty area. editorial board of the British journal LAW taught advanced litigation techniques and & EDUCATION. has presented a course on lecture techniques • In the criminal law arena, Professor G. in the teaching of advocacy. Professor Robert Blakey '57, '60 J.D. and Associate • Professor Barbara F ick has extended her Seckinger has presented programs on trial Dean and Professor Jimmy Gurule have labor-law specialty into eastern Europe, advocacy in Edinburgh, Scotland; on expert- participated in conferences and developed having participated in seminars on interna- witness preparation in London,England, scholarship on international criminal law tionallabor standards and worker rights in and Toronto, Ontario, Canada; and on wit- topics. Professor Blakey, the nation's Bosnia and on trade union's rights in Po- ness-examination techniques in Toronto. foremost authority on racketeering and land, and has published articles relating to He has also been instrumental in preparing wiretapping laws, has consulted with repre- those conferences. In addition, in 1997, she the prosecutors for the International Crimi- sentatives of the Japanese Supreme Court prepared the United States National Report nal Tribunal in Rwanda as they approach on US. wiretapping laws and practices, has on "Discrimination in Employment" for the the upcoming war-crimes trials. given presentations to US. and Canadian 15th World Congress of Labor Law and law-enforcement officials on organized- Social Security in Buenos Aires, Argentina. • ProfessorJ. Eric Smithburn has added crime prosecutions, and has addressed the an international dimension to his scholar- possible application of US. racketeering • Roger Jacobs, associate dean and director ship in family law by teaching a course in laws (RICO) to international human-rights of the Kresge Law Library, regularly con- comparative family law in the London pro- violations. Professor Gurule, who pros- sults with Canadian law libraries, and in gram. He has spoken on international child ecuted drug-trafficking crimes while with 1998 was honored by the Canadian Associa- abduction and the Hague Convention, and the Department of Justice, has given presen- tion of Law Libraries for his efforts, while at has served as a cons ultanr to the Ancillary tations on international cooperation in ptoS- the University of Windsor (Ontario) Law Relief Advisory Group in Britain, which ecuting illicit-drug trafficking, and has School, in moving the Canadians from a prepared for presentation to the British participated in workshops sponsored by the regional chapter of the American Associa- Parliament a set of recommendations American Bar Association and the Depart- tion of Law Libraries (AALL) to an inde- on property division and antenuptial ment of Justice to assist former Soviet pendent national association that today has agreements. Socialist Republics and members of the almost 500 active members and has become Warsaw Pact in their efforts to democratize a major force in the development, delivery • William P. Hoye, associate vice president their criminal-justice system. He also co- and preservation of legal information across and counsel and concurrent associate authored the first legal textbook covering Canada. Janis Johnston, librarian and asso- professor of law, has presented programs international criminal law, INTERNATIONAL ciate director of the library, has represented on legal issues that need to be considered CRIMINALLAW:CASESANDMATERIALS NDLS and the AALL at international pro- in international-study programs at the (Carolina Academic Press 1996). grams, including a recent program in Rome National Conference on Law and Higher that focused on developments in interna- Education, hosted annually by Stetson • Building on his decades-long interest in tional private law. University. At this spring's conference, he the law of education, Associate Dean served on a panel with Associate Professor Fernand N ."Tex" D utile '65 J.D. has pub- •Professor Walter F."Jack" Pratt, whose John Robinson '72 M.A., '75 Ph.D., Uni- lished a number of articles comparing the scholarship concentrates on legal history, versity Vice President and General Counsel law of education in the United States with organized a symposium on "Irish Legal His- Carol Kaesebier and John Hall, a British similar laws in British Commonwealth tory" for the University of Galway and solicitor at the Eversheds law firm in countries, including: Law and Governance members of the Irish Legal History Society London, discussing risk-management Affecting the Resolution of Academic and Disci- during his academic leave in Ireland. issues for American universities abroad, plinary Disputes at Scottish Universities: An contrasting the American view of those American Perspective in the INDIANAINTER- • Professor James Seckinger '68 J.D. and issues with the views of lawyers in host NATIONAL& COMPARATIVELAWREVIEW, Honorable Sanford B rook, through their countries. • 14

A Different Kind of Law School " Down Onder"

otre Dame lawyers professionalism in the law, the College of around the world have Law at ND-Australia has already made left their marks on the significant impacts on law and on legal edu- law and legal practice cation and practice "down under" - even abroad through their though the college's first graduation cer- personal efforts on behalf emony is still more than a year away. of oppressed people, in helping emerging Like most of the western world, Aus- democracies establish legal systems, and in tralians face significant challenges to legal going about the everyday business of law as practice and to the law itself - from practi- true professionals. Reflecting on these ac- cal matters such as a general lack of ethics complishments brings a sense of pride to and civility among attorneys to more com- Notre Dame lawyers, realizing that col- plex matters such as reproductive freedom, leagues, friends and fellow alumni work euthanasia and other bioethical questions. every day of their lives to make a significant Bur Australians address these issues in an difference in peoples' lives all around the environm~nt very different from many west- world. ern democracies. More than three-quarters Bur what about the contributions of of the Australian population identifies itself NDLS as an institution on the general course as Christian, with 26.1 percent of the popu- of legal education and law practice abroad? lation Anglican, 26 percent Roman Catholic, Do the institutional ideals ofNDLS matter and 24.3 percent other Christian, according anywhere bur in northern Indiana or in the to 1998 data. Yet unlike most western de- hearts ofNDLS alumni?The answer is mocracies with large Christian populations, "yes" - at least for Catholics and lawyers whose long-standing legal and ethical norms in Australia. derive from the millennia-old judeo-Chris- When the University of Notre Dame tian religious tradition, Australian culture Australia set out to establish its own and law are dominated by the comparatively "different kind of law school;' founding new ideals of secular humanism - that is, dean Greg Craven turned to NDLS for in the belief that people are capable of self- inspiration. And with its strong, NDLS- fulfillment and ethical conduct without inspired emphasis on ethics, morals and recourse to supernaturalism or without

By CATHY PIERONEK '84, '95 J.D., DIRECTOR, LAWSCHOOL RELATIONS reliance on God. It is, according to some, the world's first post-Christian democracy, coming of age as it did in the post-Enlightenment period. For some, the post-Enlightenment ideological framework within which Austra- lia has developed as a nation has created a serious crisis in values in Australian society. To work toward stemming the effects of this crisis and creating a values-based culture in Australia, a group of prominent Catholics determined that Australia needed strong moral and ethical leadership, and further, that Australia's publicly-funded higher education system could not meet this need. These visionaries - who included in their discussions University of Notre Dame President Emeritus Reverend Theodore M. Hesburgh,C.S.c., and NDLS Dean David T. Link '58, '61 J.D. - believed that invest- Dame has loaned ND-Australia strong lead- professionals who would be instrumental in ing in values-centered higher education ers. From 1991 to 1993, Dean Link served shaping the direction of Australian society. would produce a strong cadre of ethical and as founding chancellor ofND-Australia, But truly Catholic higher education moral leaders who would be well equipped and in that role helped establish a culture at requires more than just earning a degree to address the difficult issues facing Austra- ND-Australia that embodies the best of from an institution affiliated with the lian society. And so they petitioned the everything that Notre Dame means to its Catholic Church. In Notre Dame's experi- Australian government to charter a Catholic students and alumni, including pastoral care ence, it means engaging in an education institution of higher education - the first for students and an emphasis on community grounded in the Catholic intellectual tradi- and only one of its kind in Australia. In service. And Dean Link and Father tion. So to ensure that these new leaders 1989, an Act of Parliament established the Hesburgh have maintained strong ties with would approach their professional lives with University of Notre Dame Australia - an ND-Australia as trustees of that university. a profound respect for Catholic morality, "independent university committed to the Notre Dame has also given ND-Australia N'D-Ausrralia also established courses of advancement of learning, knowledge and the benefit of more than 150 years of experi- study in the disciplines that form the cor- the professions within a context of Catholic ence in higher education, guiding ND- nerstones of Catholic thinking, developing faith and values:' Australia in its efforts to become a strong undergraduate majors in theology and phi- Although not technically or legally educational institution as well as a domi- losophy, and in 1996 adding an undergradu- affiliated with the University of Notre nant moral force in Australian culture. ate program in law. Today, this young Dame or with the Congregation of Holy The founders of N'D-Ausrralia university also offers master's degrees in Cross, the University of Notre Dame Aus- dreamed of establishing a university that a number of education, arts and business tralia shares what could be termed spiritual could train Catholic leaders to address some subjects, and plans ro offer a master of and intellectual affiliations with Notre of the most serious problems facing Austra- laws program once its undergraduate law Dame. Nfx-Australia's promotional litera- lian society. They believed that a values- program is fully established. ture toutS these spiritual and intellectual based education would be the key to With Notre Dame as its spiritual and ties, stating that ND-Australia has drawn ensuring that Australia, as a nation, devel- intellectual inspiration, ND-Australia has much of its founding inspiration and phi- oped a culture of respect for life along with created core educational programs to de- losophy from, in their words, "that out- a culture of ethics and morality in business velop strong moral leadership for Australia standing Catholic University:' Dean Craven and professional practice. To help achieve in the 21st century. But ND-Australia also has commented that what most impressed these goals, the ND-Australia administra- faces some unique challenges in its efforts him "about the entire University of Notre tion established key educational programs to bring about marked moral and ethical Dame was its ability to provide a commu- from the start, initially offering only an changes in a democratic society dominated nity of Catholic education - rather than undergraduate degree in education, to by the ideals of secular humanism. [being] JUSt an educational institution:' strengthen the supply of teachers for the Claimed as part of the British Empire This is something he hopes to achieve half a nation's Catholic primary and secondary in 1788, Australia became an independent world away in Fremanrle. school systems. Soon after, N'D-Ausrralia federation with the consent of the Crown in Notre Dame has provided much more added undergraduate degree programs in 1901. In formulating their constitution and than inspiration for ND-Australia. Notre the arts and business, to educate the system of government, Australians drew on • 16

the political traditions of both Britain and our modern nationhood at least some of the aspects of the law program, including the the United States. The nation retained elements of a Zl.st-cenrury model - diver- personalized admissions process, the the British-style governmental structure sity, tolerance, openness and worldliness curricular emphasis on law as an ethical adopted during the colonial period, but within the boundaries of national purpose discipline as well as a profession, and the incorporated an American-style written and cohesion." These are the humanistic college's goal of providing a rigorous and constitution to define the powers of the values that define Australian society. highly practical curriculum directed toward national government and the relationship In Dean Craven's opinion, this depar- producing first-class practitioners. between the federal and state (formerly co- ture oflaw and legal practice from a natural- While Australia's 20 public law schools lonial) governments. But missing from this law foundation has created the current have struggled to fill their classrooms with hybrid of British and U.S. governmental values crisis in Australia. Examples of this bright students, ND-Australia boasts a sur- styles is much of the substance that ani- crisis abound, especially with regard to re- feit of qualified applicants. And selecting mates British and U.S. law - specifically, cent legislation. Consider two examples. from that applicant pool presents challenges the Judeo-Christian religious tradition that The Northern Territory recently enacted a similar to those faced by NDLS each year. provided the framework within which Brit- euthanasia law more liberal than prevailing Dean Craven describes the intentional simi- ish and U.S. law developed. And although law in the Netherlands, which borders dan- larities. "We get a lot of applicants who, many factors have conspired over the last gerously close to mandatory termination of based on their 'numbers: could walk in the two centuries to reduce the influence of life. Around that same time,Western Aus- door of any law school in this country. But religion-based values on U.S. law in particu- tralia attempted to enact abortion laws we reject many of these top academic candi- lar, the underlying framework of the U.S. more permissive than those of every other dates. Our challenge involves selecting stu- Constitution - the protection of those nation except the People's Republic of dents who will be the kinds of lawyers that God-given and inalienable rights of life, China. can have a positive impact on the law and liberty and the pursuit of happiness - So when the N'D-Ausrralia College on legal practice:' Through interviews and remains a driving force in American consti- of Law opened its doors in 1996, it faced an references, along with an assessment of sec- tutional interpretation. obviously challenging environment for the ondary-school grades and test scores, Dean In contrast, consider this summary of law, and consequently, for legal education. Craven strives to admit students with the the influence of secular humanism in Aus- But as the only Catholic law school in the "personality, conscience, ethical intelligence tralia. Speaking to the Global Cultural country, ND-Australia seems to have found and practical intelligence" necessary to be- Diversity Conference meeting in Sydney in its niche very quickly. come ethical and moral practitioners and April 1995, Australian Prime Minister Paul Dean Craven credits much of this leaders of Australian society. Keating remarked that Australians "have in success to the influence ofNDLS on many And he and the rest of the faculty put a tremendous amount of effort into ensuring that students receive the maximum benefits from a very personalized educational process. The first two classes will graduate around 60 students each, and the eventual cap on enrollment will be 80 students per class year. Dean Craven believes that individual courses should have no more than 30 or 40 students each to allow students to benefit from the personal attention needed to develop into highly skilled, as well as ethical and moral, practitioners. , 'l'he tJbiverlity The curriculum concentrates in two subject areas: "land law" and ethics. "Land law" in Australian legal education involves studying the development of the system of ptoperty interests in Australia as well as the pervasive nature of property concerns in modern society. The ethics part of the curriculum - much like at NDLS - includes formal instruction in the foundation of the moral and ethical concepts that influence approaches to life, society and the practice of law, as well as ethical discussions relevant • 17

Dean Craven hopes that the ND- Australia College of Law will continue to be a tremendous support to a profession in crisis in his country. Early indicators point to great potential for success. The program has very quickly established a great reputation among Australian legal professionals for its rigorous and practical curriculum, and for its responsiveness to the needs of the profession. Moreover, Dean Craven hopes that NDLS and N'D-Australia will develop even stronger ties through student- and faculty- exchange programs and other collaborative efforts. The program hopefully will include internships or clerkships with Australian firms, and will give NDLS students the opportunity to expand their education into the increasingly important area of international law in Asia and the Pacific Rim. An added benefit of this program for NDLS will be the presence of an equivalent number of ND-Australia students and perhaps faculty at NDLS for one semester. NDLS has built on its heritage and traditions over the course of 130 years to become a different kind of law school - to every substantive subject taught.And members of the health-care professions one that emphasizes faith and values in the much like NDLS, the curriculum is very within a moral and ethical framework. practice of law, as well as community spirit structured, allowing only five elective Dean Craven sees collaboration between the inside and outside the classroom. Inspired courses over four years of instruction to health-sciences programs and the College of by that success, and cognizant of the key ensure that graduates are well qualified to Law as an essential part of the University's factors that have contributed to that suc- be competent practitioners and influential efforts to provide a values-based input to cess, ND-Australia has created its own advocates. national debates on legal-medical questions different kind of law school and has adapted When asked why the fledgling Univer- such as euthanasia, abortion and bioethics. to the specific needs of legal education in sity decided to step into a saturated and And although ND-Australia has yet Australia. And through collaborative otherwise challenging legal education mar- to graduate its first class of Notre Dame projects in the future, NDLS and the Col- ket, Dean Craven reflects upon the tradi- lawyers "down under;' it has already made lege of Law at ND-Australia together can tions of Catholic higher education."If major impacts on legal education and law use a shared understanding of the role of you're going to have a great Catholic univer- practice in Australia.ND-Australia's inno- Catholic legal education in the practice of sity, it's incredibly important to study cer- vative community-service requirement made law and in society to promote ethics and tain disciplines. In the Catholic tradition, front-page news in local and national news- values in Australian and U.S. political and three areas stand out as necessary for a great papers. Faculty of the College of Law social systems. Catholic university - theology, philosophy worked with the Australian federal govern- Dean Craven and the ND-Australia and law:'He also believes that it is not pos- ment to overturn the liberal euthanasia leg- College of Law are attempting ro do some- sible for the Church to have any influence islation passed in the Northern Territory thing differentdown under:' Their own on the secular Australian society without and to block passage of the proposed different kind of lawyer will provide moral Catholic-trained advocates to influence law- abortion legislation in Western Australia. and ethical input to important legal debates, and policy-making. And ND-Australia was invited to send raising a perspective often ignored in Aus- Following a similar line of thinking, two delegates to the recent Australian tralian political debates. Expect nothing less ND-Australia soon will open a college for Constitutional Convention - more than from any Notre Dame lawyer. the study of health sciences to educate any other law school in the country.

VISIT THE UNIVERSITY OF NOTRE DAME AUSTRALIA'S WEBSITE AT http://www.nd.edu.au. • 18

AFT E R HOURS

T r a v e 1 5

Wit h an It nerant Trial Advocacy Teacher

JIM SECKINGER '68 J.D.

FORTY-FIVE OF THE 50 UNITED practice somewhere new - in Denver. 'barnstorming' teaching across the country STATES, six of the 10 provinces of Six years later, he broke his string of proved very interesting and quite satisfying Canada, Panama, England, Scotland, moving somewhere new with each succes- to me. I had the opportunity to meet both Ireland, Australia, New Zealand, Malaysia, sive career change and returned to Notre aspiring and experienced trial lawyers - Singapore, Israel and Africa. Dame to teach trial advocacy. "I thought it whom I liked very much as people and as Name a city in the English-, French- was an up-and-coming law school that lawyers. I was able to see how the litigation or Spanish-speaking world of common-law would be supportive of new and creative process in various jurisdictions had shaped trials, and Professor James Seckinger '68 teaching and scholarship. I was right - trial lawyers' style, mannerisms and ap- J.D. has probably been there, either through much to my relief - because I had turned proaches to trying lawsuits:' his writings or in person, teaching law stu- down offers from some law schools consid- His travels also gave him the opportu- dents, lawyers, expert witnesses or judges in ered better than Notre Dame at that time, nity to spend time with his children. "I the art and skill of trial advocacy in a com- but not today;' he recalls. started a tradition of taking each child, at mon-law courtroom, or training aspiring When he came to NDLS, Professor the arbitrary age of 9, on a solo trip with teachers in the art and skill of teaching and Seckinger had already joined the faculty of me. I have had great solo trips with each of critiquing. the National Institute for Trial Advocacy my children, and those trips are some of our Growing up in New Rockford, a small (NITA). He shared the latest trial advocacy fondest memories:' farming town in rural North Dakota, Pro- techniques, scholarship and research with He began the overseas part of his fessor Seckinger didn't travel much, other NDLS students, and continued to teach in teaching career in 1985 with a trip to Lon- than to see relatives on nearby farms. He advocacy programs and teacher-training don. Australia, New Zealand, Singapore recalls one family vacation to South Dakota programs throughout the United States. and Panama followed. In 1993 and 1995, he to see the Black Hills - a trip that ended His work with CLE programs, law firms conducted a series of advocacy training pro- early because his father didn't like driving in and bar associations nationwide invigorated grams in the United Kingdom. But it was the high elevations. But after high school, him intellectually, professionally, personally as a result of programs he conducted in Professor Seckinger left North Dakota and and as a father. He notes with some pride Canada that he was asked to embark on one started on a life of traveling to places he that it also helped promote NDLS. "Early of his more interesting and meaningful as- hadn't been before. He attended college at on in my travels from Notre Dame, I was signments. Madame Justice Louise Arbour St. John's University in Minnesota and often greeted with the remark, 'Gee, I didn't of the Ontario Court of Appeal, now serv- graduate school at Vanderbilt in Tennessee, know Notre Dame had a law school:And ing as chief war-crimes prosecutor for the performed research in nuclear physics in now, thanks to Dean Link and the Univer- United Nations Tribunal, wanted Professor Chicago, attended law school at Notre sity administration, that refrain is no longer Seckinger's help in training the prosecutors Dame, and during one summer break heard:' for the Rwandan tribunal. clerked in Washington, D.C. He turned NITA moved its headquarters to And so in November 1996, he went down a federal clerkship in Minneapolis and NDLS in 1979, the year Professor Seckinger somewhere else he had never been before - one in Birmingham because he'd "been there became director. "I had even more of an Kigali, Rwanda. In recalling his visit, he before;' and decided to begin his law opportunity to travel professionally. My notes some of the difficulties of travel in a war-torn third-world nation. "In a driving administrators - dominated the educated, UN. war crimes prosecutor for Rwanda rainstorm, our ancient Boeing 737 Kenya administrative and civil-servant classes. must gather evidence and prosecute the Airlines jet circled Kigali International Air- The Hurus - labeled by the Europeans as leaders of the genocide in a common-law port, waiting for an opening to land. It isn't short, squat and of lower intelligence - format with a contingent of prosecutors much of an airport, really - just a one- were relegated to common labor and domes- from all around the world. Although some runway strip of asphalt in the midst of a tic work.Naturally, over time the Hutus of the prosecutors come from common-law small and narrow high-mountain valley sur- built up deep resentments and anger toward countries - two from the United States, rounded by towering hills. Through the the colonists and the Tutsis. two from Canada and one from Australia - rain-streaked windows of the creaking 737, When France and Belgium ceded most hail from civil-law countries such as I could see the forested hilltops and the lush control of Rwanda to its citizens, the people Ethiopia, Madagascar, Tanzania, Senegal, green hillsides surrounding Kigali, but not elected a Hutu-controlled government. And the Netherlands, Switzerland and Belgium. the fertile palm-tree-lined valley below with until 1994, Rwandans of both tribes inter- Professor Seckinger and a team of Canadian our safe harbor - the landing strip. For married, lived as neighbors and worked lawyers, teachers and judges, including his the first time in my innumerable plane together, despite nearly constant civil war wife Sheila Block, had a week to teach the flights, I was nervous about the landing. It between the tribes. In 1994, the president basics of common-law trial procedures, was time to call upon Our Lady's assistance of Rwanda, a moderate Hutu, agreed to a rules of evidence, and oral-advocacy and for a safe arrival in Kigali:' power-sharing government coalition with witness-examination techniques, to ensure After the nerve-wracking landing, he the Tutsis to finally end the civil strife. that the trials proceeded properly. He notes made his way to the terminal. The atmo- Shortly thereafter, the president's plane that the prosecutors from common-law sphere was less than welcoming. "Bullet was shot down and the Tursis were blamed. countries served as excellent instructors holes peppered the plate glass windows of Within days, the United Nations peace- themselves, modeling adversary-system trial the airport lounge, and soldiers milled keepers guarding the late president's succes- techniques, and expresses gratitude for the around conspicuously. But a young man sor were murdered, and the UN. pulled invaluable assistance of native Ugandan named Innocent - tall, graceful, quietly out of Kigali. In 90 days, two-thirds of Rosette Muzigo-Morrison '93 M.A., efficient and helpful - guided us to our Rwanda's 1.2 million Tutsis were slaugh- '94 LL.M., who helped prepare the van. Innocent and the van would be our tered with machetes and other ancient farm witnesses for the trials. constant companions during our stay in tools - a slow process carried out methodi- His trial-advocacy teaching experi- Kigali:' Nothing about the drive to the ho- cally but with lightning speed, considering ences around the world prepared him for tel suggested that the atmosphere would get the implements used to effect the genocide. the mechanics of the task at hand, but Pro- any better. "On that drive, we passed the The outside world did nothing while fessor Seckinger's students left a strong im- crater-scarred and bullet-ridden Parliament churches, hospital wards, offices and soccer pression on him. "I will always be grateful House. Innocent managed to skirt the stadiums filled with compliant and trusting for having had the opportunity to share in mud-ridden and waterlogged intersections Tursis who were then locked in and hacked that training process. The prosecutors we of downtown Kigali that were clogged with to death with crude tools. trained in Kigali were a young group of ide- cattle, herdsmen and four- alistic and energetic common- wheel-drive vehicles. Foreign law trial lawyers, and a group of journalists and TV equipment equally idealistic and energetic overran our hotel preparing to civil-law lawyers who thirsted cover the return of Rwandan for the tools of the trade in a refugees from Zaire." common-law courtroom:' Rwanda, a predominantly As for his other travels, Catholic country in Central instead of taking his now- Africa, is considered the grown children with him on world's poorest nation. The business trips,Professor effects of its French, and later Seckinger spends time visiting Belgian, colonial past remain his children as they enjoy inter- evident in Kigali as well as national-study experiences throughout rural Rwanda. through the University. He One of those remnants of co- has visited his son Greg in Italy, lonial times is the intense and Israel and Turkey; his step- horribly destructive hatred daughter Emily in Athens; that exists between the indig- his son Doug in Kyoto and enous Hutu and Tutsi tribes. Tribunal lawyers discuss trial strategies. Hiroshima, Japan, and in India. Historically, at 85 percent And he has some advice for his of the population, the Hutus have com- Today, Rwanda's jails are full of the youngest step-daughter Ellen, a first-year prised the popular majority in Rwanda, soldiers of death awaiting trial in the student at Notre Dame:"Pick a great travel with the Tursis a distinct minority at only Rwandan state courts, even though the spot for your year abroad - someplace that 15 percent. During colonial times, however, country has no lawyers or judges who sur- you might not get to later in life, and some- the tall, elegant Tutsis - considered by the vived the genocide. About 30 of the leaders where new for dad and family to come and French and Belgian colonists to be bright, of the genocide await trial before the UN. visit!" energetic and valuable as managers and Tribunal sitting in Arusha, Tanzania. The • 20

IF A CUll T Y notes

• MATTHEW J. BARRETT '82, '85 J.D. expressed interest in the legislation, which Damages in LAW& CONTEMPORARYPROB- published a special 58-page update to Ac- could be reintroduced in the 106th LEMS,which traces the history of multiple COUNTINGFORLAWYERS,co-authored with Congress. damages in Jewish, Greek, Roman, English David Herwitz. Judge John Heyburn upheld parts of and American law, and reconsiders that He has also been appointed as chair the federal RICO claim argued by Professor history in light of modern economic analy- of the Committee on Audit and Association Blakey for the Kentucky Labor's District sis. And, he featured prominently in one Investment Policy of the Association of Council Health & Welfare Trust Fund in its part of a four-part series on the History American Law Schools, effective January litigation against the major tobacco compa- Channel that examined law enforcement, in 1999. nies. And he successfully argued twice for a particular in a segment titled "Tales of the reversal of the district court's dismissal of EB.I.: Taking on the Mob:' • JOSEPH P. BAUER made an invited Trial Lawyers for Public Justice v. Falk, a RICO presentation at a faculty colloquium on the suit stemming from a 1996 Fourth Circuit • GERARD V. BRADLEY spoke on"The topic "The Erie Doctrine Revisited: Does a case involving an alleged scheme to cheat New Constitutional Covenant" at a confer- Conflicts Perspective Aid the Analysis?" at poor people by foreclosing on auto mort- ence on "Reining in Judicial Imperialism: Quinnipiac College School of Law in gages and then not crediting the person Effectively Limiting the Judiciary to Its Hamden, Connecticut, in January. In Feb- with apptopriate equity on resale. Constitutional Powers;' sponsored by the ruary, he spoke on the Microsoft antitrust In August, Attorney General Janet American Public Philosophy Institute in trial at a meeting of the Law School's Busi- Reno announced that the Department of Washington, D.C., in October. ness Law Forum. Justice would reopen, on a limited basis, the investigation into the 1968 assassination of • THOMAS BRODEN '49 J.D., profes- • GEOFFREY J. BENNETT, director of Reverend Martin Luther KingJr. In Octo- sor emeritus, published an op-ed piece titled the London Law Programme, published ber, Professor Blakey and Congressman Homeless Women, Children Need Community's Criminal Procedure and Sentencing in ALL Louis Stokes met with Bill Lann Lee, assis- Help in the February 2, 1999, edition of the ENGLANDLAWREPORTSANNUALREVIEWOF tant attorney general for civil rights, to brief SOUTH BENDTRIBUNE. 1997. the Department of Justice on the details of the investigation into Dr. King's death con- • HONORABLE SANFORD M. • G. ROBERT BLAKEY '57, '60 J.D. in ducted by the House Select Committee on BROOK, who has served NDLS for many November argued Humana v. Forsyth before Assassination from 1977 to 1979. years as an: adjunct associate professor of the United States Supreme Court. InJanu- In October, Judge William Bauer law in the trial advocacy program, has been ary, the Supreme Court unanimously forwarded to the Judicial Council for the appointed to the Indiana Court of Appeals. affirmed the Ninth Circuit's holding that the Seventh Circuit revised pattern jury instruc- McCarran-Ferguson Act does not preclude tions for criminal cases. The instructions • PAOLO CAROZZA published COM- the application of the federal Racketeer resulted from a multiyear product of an PARATIVLEEGALTRADITIONSINA NUTSHELL Influenced and Corrupt Organizations Act Instructions Committee chaired by Judge (West Publishing Co.), co-authored with (RICO) to claims against insurers licensed James B. Zagel. The committee member- Mary Ann Glendon and Michael W. in a particular state, giving Professor Blakey ship included prosecutors, defense counsel Gordon. a "win" before the high court. and judges from the Seventh Circuit, with He has been busy with other RICO- Professor Blakey as the only law professor. • SISTER DEBORAH CERULLO, related activities as well. In October, Professor Blakey gave one of the prin- S.S.N.D., associate professional specialist in Senator Dan Coats of Indiana introduced cipal addresses,"Tobacco and RICO;' at the the Notre Dame Legal Aid Clinic, has been S.2614, the First Amendment Freedoms Act 14th Annual Tobacco Products Liability appointed co-chair of the Consumer Protec- of 1998, which was drafted by Professor Conference in Boston from October 30 tion Regional Advisory Council by the Indi- Blakey. The bill aims to protect first- through November 1. The conference con- ana Attorney General's Office. The council's amendment freedoms in the context of civil sidered the status of international, national efforts focus on better informing and pro- RICO and other litigation against demon- and state litigation against the tobacco tecting consumers, and especially vulnerable strators. Although Senator Coats retired in industry. He published Of Characterization citizens, through education, problem- January, Senators Hatch and Leahy have and Other Matters: Thoughts About Multiple solving and legislative initiatives. • 21

FA C U LTY N o T E 5

• FERNAND N. "TEX" DUTILE Foundation, at the University of Chicago human rights offered through the Center '65 J.D. participated in a panel discussion Divinity School and the University of Chi- for Civil and Human Rights. on "The U.S. Justice System: The Death cago Law School in May 1998, speaking on Penalty in Question" sponsored by the "Catholic Judges in Capital Cases:' Also in • ROGERF.JACOBS served on the ABA University's African and African-American May, he addressed the University's Board of Accreditation Inspection Team that visited Studies program and the Department of Trustees on the subject of "Teaching Ethics Chapman University School of Law in History in February. to Professionals:' And he gave an address to Anaheim, California, in October. the Fourth Tantur International Conference • BARBARAFlCK published Does a on Religion and Culture in Jerusalem in • JANIS L.JOHNSTON received the Conspiracy to Terminate At-Will Employment June. 1998 LAW LIBRARYJOURNALAward of the Constitute an Injury to Property? An Analysis of He published The Architecture of the Year for her article, Managing the Boss, at the Haddle v. Garrison in PREVIEW OF UNITED Establishment Clause in volume 43 of THE annual meeting of the American Association STATES SUPREMECOURT CASES, and The Law WAYNE LAW REVIEW. And the papers re- of Law Libraries (AALL) in Anaheim, and Practice of Collective Bargaining in the sulting from the Drake University sympo- California, in July. Czech Republic, Hungary and Poland in volume sium on Professor Garvey's recent book, In September, she attended the 10 of the INTERNATIONALREVIEWOF WHAT AREFREEDOMSFOR? have been 17th Annual Course of the International COMPARATIVEPUBLICPOLICY. published in volume 47 of the DRAKE LAW Association of Law Libraries, as a represen- She presented two two-day seminars REVIEW, which includes an article by Profes- tative ofNDLS and the AALL. The pro- titled "International Labor Standards and sor Garvey titled Control Freaks. This spring, gram, held at UNIDROIT headquarters in the Role of Trade Unions in a Democratic he and T. Alexander Aleinikoff of the Rome, focused on developments in interna- Society" to trade-union leaders in Brcko, Georgetown University Law Center pub- tional private law. Bosnia-Herzegovina, in December, through lished the fourth edition of their book, a program funded by the American Center MODERN CONSTITUTIONALTHEORY: A • M. CATHLEEN KAVENY was fea- for International Labor Solidarity. She also READER(West Publishing Co.). tured in an editorial interview in the January served as one of three teachers presenting a issue of U.S. CATHOLICthat noted that two-and-a-half day in-house training work- • ALAN GUNN published the fourth Professor Kaveny, an expert on end-of-life shop on "Negotiation and Mediation" for edition of his casebook, CASES,TEXT AND questions in the Catholic Church, "skillfully the Canadian law firm of McCarthy Tetrault PROBLEMSON INCOMETAXATION (West navigates the middle course taken by the in Mont Gabriel, Quebec, in January. Publishing Co.), with co-author Larry D. Catholic Church on end-of-life questions:' Ward. • JUDITH FOX'93 J.D., an associate He currently chairs the University • WILLIAM K. KELLEY, with PatrickJ. professional specialist in the Notre Dame Appeals Committee, and is a member of the Schiltz, spoke to NDLS students in Decem- Legal Aid Clinic, participated in a January Law School's Promotions, Dean Search and ber on "Applying for Judicial Clerkships: conference titled"Fathering in the New Curriculum Committees. The Nuts and Bolts:' Millennium" sponsored by the Law School, the University's psychology and sociology • JIMMY GURULE published The 1998 • DOUGLAS W. KMIEC, on leave for departments and the University's Henkels U.N. Convention Against Illicit Traffic in Nar- the 1997-98 and 1998-99 academic years at Visiting Scholars Program. In February, she cotic Drugs and Psychotropic Substances - A Pepperdine Law School, has decided to represented her research on the development Ten Year Perspective: Is International Coopera- sign his position at NDLS and remain at of the legal definition of the term "father" to tion Merely Illusory? in volume 22 of the Pepperdine. that same group, which engages in interdis- FORDHAMINTERNATIONALLAWJOURNAL. He published Statistical Sampling and the ciplinary research on family issues. Census - You Can Count on Me, But Will You? • WILLIAMP. HOYE, associate vice in PREVIEW OFUNITED STATESSUPREME • JOHNH. GARVEY '70 has been president and counsel and concurrent COURT CASES in November. named dean of the Boston College Law associate professor of law, published Court In October, he debated University of School, effective July 1, 1999. Litigation in Higher Education: A Review of the Southern California Professor of Law He lectured on "School Vouchers: En- 1997 Judicial Decisions in volume 25 of che EC\Alin Chetn.ecin£ky on the n:'...~an':""("~'b \':I{ lightened Social Policy or Threat to the JOURNALOF COLLEGE& UNIVERSITYLAW. "high crimes and misdemeanors" at the Uni- Constitutional Separation of Church and He has been named to the Authors versity of Southern California Law School. State?" at the Cornell Law School in April Committee of West Publishing Company's In January, at a Federalist Society meeting 1998. He gave the Sawyer Lecture on EDUCATIONLAW REpORTER. He has also held in conjunction with the AALS annual Law and Religion, funded by the Mellon joined the LL.M. program in international meeting in New Orleans, he led a panel

To LEARN MORE ABOUT NDLS FACULTY AND FOR CONTACT INFORMATION, CHECK OUT THE NDLS FACULTY WEBSITE AT http://www.nd.edu/Nndlaw/faculty.html. • 22

FA C U LTY N o T E s

discussion on "The Need to Re-Think- including The Basic Law; Federal Republic of celebrating 50 years of human-rights work Maybe Even Repeal - the Independent Germany: judicial System; German Democratic in the Midwest. The conference, held at the Counsel Statute" with Jonathan Turley and Republic: judicial System; and German Demo- University of Chicago, was sponsored by the William Eskridge. He also presented a pa- cratic Republic: Constitutions. He also pub- Midwest Coalition for Human Rights, the per on the Catholic doctrine of subsidiarity lished Autonomy Versus Accountability: The Children & Family Justice Center of the to the Law Professors Christian Fellowship German judiciary in JUDICIALINDEPENDENCE Northwestern University Law School, Am- Annual Conference in New Orleans at that IN COMPARATIVEPERSPECTIVEby David nesty International, the City of Chicago same time. O'Brien and Peter Russell (University Press Commission on Human Relations and the He has been seen and heard frequently of Virginia, 1999). Stanley Foundation. on television and radio in recent months Among his University activities, he is In January, Mr. Meintjes served commenting on the presidential impeach- currently directing two doctoral disserta- as a panelist in the round-table discussion ment proceedings. In September, he ap- tions in the Department of Government titled "Holding Heads of State Accountable" peared on ABC's "Nightline" with Ted and International Studies, and serves on the sponsored by the University's Kellogg Insti- Koppel to discuss the constitutional process Graduate Council, the Department of Gov- tute for International Studies. of impeachment. In an October interview ernment and International Studies Gradu- on CBS national radio, he discussed the ate Policy Committee, and the government • JOHN COPELAND NAGLE, visiting history of impeachment from English com- department's Honesty Committee. associate professor of law, had his article,"A mon law through Andrew Johnson and Twentieth Amendment Parable;' which was Richard Nixon. • DEAN DAVIDT. LINK '58,'61J.D. published in the May 1997 edition of the Professor Kmiec has also filed a brief spoke at the University of St. Thomas in St. NEW YORKUNIVERSITYLAWREVIEW,cited as counsel-of-record for the Institute for Paul, Minnesota, on his recommendations by Yale Law School Professor Bruce Justice in Anderson v. Roe, which is before regarding the establishment of a law school Ackerman in his testimony before the the United States Supreme Court. His at that university. House Judiciary Committee on the im- brief favored securing the privileges and peachment process. He published a related immunities of U.S. citizens as they relate to • GARTH MEINTJES '91 L.L.M., asso- letter to the editor in THE WASHINGTON economic livelihood. ciate director of the Center for Civil and POST titled "On the Authority of Lame Human Rights, published an op-ed piece in Ducks;' and was quoted on the same subject • DONALD P. KOMMERS presented the November 4, 1998, edition of the NEW in the December 22, 1998, edition of the the paper "Judicial Accountability in Ger- YORKTIMES titled In South Africa, Truth and TOPEKACAPITALLAWJOURNAL. many" at the 17th World Congress of the justice? Prosecution Undermined. International Political Science Association He served as a panelist for Amnesty • TERESA GODWIN PHELPS '73, in Boston in September. He also gave a International's 1998 Midwest Regional Con- '75 M.A., '80 PH.D. delivered the paper German-language lecture on"Kann das ference at the University of Cincinnati Col- "Orestes' Dilemma: Revenge in Literature Deutsche Verfassungsrechtsdenken Vorbild lege of Law in October, addressing"The and Law" at the Mid-Atlantic Popular fur die Vereinigten Staaren Sein?" ("Can USA Campaign: Focus on Supermax Pris- Culture Conference in Morgantown, West German Constitutionalism Serve as a ons:' The workshop targeted prison condi- Virginia, in October. She appeared with Model for the United States?") to the Ger- tions in the United States, the development Professor Teresa Ghilarducci of the eco- man-American Lawyer's Association in of "sup erma x " prisons, the practices at such nomics department and Professor Will Hannover, Germany, in October; and an prisons - which now house over 13,000 O'Rourke of the English department on a English-language lecture on the same sub- men and women - and the issue of panel sponsored by the Gender Studies ject at Osnabriick University in November. whether these facilities meet international Program to discuss the Starr report, and she His article on that same topic was published standards of human rights. presented a Gender Studies Colloquium in German in volume 37 of DER STAAT,and In November, he delivered a talk titled titled "Gendered Space and the Reasonable- a revised version of that article was pub- "Renewing Our Promise: The Universal ness Standard in Sexual Harassment Law;' lished in English in volume 58 of Declaration of Human Rights at Fifty" at a both at the University in November. ZEITSCHRIFTFORAUSLANDISCHES conference titled"A11 Human Rights for All: She published a review of Martha OFFENTICHESRECHTSUNDVOLKERRECHT. Fiftieth Anniversary of the Universal Decla- Nussbaum's CULTIVATINGHUMANITY:A He also lectured on "Civil Rights and ration of Human Rights;' sponsored by the CLASSICALDEFENSEOF REFORMIN LIBERAL Multiculturalism in the United States" at St. Joseph County (Indiana) Chapter of the EDUCATIONin volume 25 of the JOURNALOF Erlangen University in November. United Nations Association of the U.S.A., COLLEGE& UNIVERSITYLAW,and Gendered He published several encyclopedia Saint Mary's College, and the college's Jus- Space and the Reasonableness Standard in Sexual essays in MODERN GERMANY:AN ENCYCLO- tice Education Program. Harassment Cases in volume 12 of the NOTRE PEDIAOF HISTORY,PEOPLE,ANDCULTURE In December, he presented a workshop DAMEJOURNALOF LAW,ETHICS & PUBLIC 1871-1990 (Dieter K. Buse andJuergen C. titled "Control Unit Prisons" at the Stand POLICY. Doerr, eds., Garland Publishers, Inc.), Together for Human Rights Conference • 23

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With Kelly Askin, visiting professional • PATRICKJ. SCHILTZ gave the 1998- his MATERIALSFORINTENSIVETRIALADVO- specialist in the Center for Civil and Human 99 Trustees' Lecture titled"Legal Ethics in CACYWORKSHOP,a product of Osgoode Rights (CCHR), and Sharelle Aitchinson, Decline: The Betrayal of Novice Lawyers by Hall, York University, in Toronto. LL.M. candidate in the CCHR, she filed an Law Professors and Senior Lawyers" at the In addition, he continues his extensive amicus curiae brief at the International Tri- William Mitchell College of Law in Minne- and far-reaching efforts to design, plan and bunal for the former Yugoslavia, which was apolis in November. He spoke on "Religious teach various trial-advocacy courses around accepted by the tribunal in November and Consciousness and Legal Ethics" at the Uni- the world, including: for the Carleton Law argued, among other things, that rape-coun- versity of Pennsylvania School of Law in Association of Ottawa, Canada; Gunster, seling records should be afforded privilege. February. In March, he addressed the bish- Yeakley, Valdes-Fauli & Stewart in Fort ops of the Evangelical Lutheran Church in Lauderdale, Florida; and McCarthy Tetrault • WALTER F. "JACK" PRATT JR., on America on tort litigation against churches. in Montreal, Canada. He also served as a research leave in Ireland for the 1998-99 On March 31 and April 1, he visited Cornell faculty member for the National Institute academic year, gave an invited talk on "The Law School, where he spoke with the first- for Trial Advocacy Teacher Training Pro- Historical Context of Marbury v. Madison" to year class on practicing in large law firms, gram at NDLS. the Law Department of the National Uni- taught Professor Roger Cramton's profes- versity of Ireland in Galway in November. sional responsibility class, and conducted a • THOMAS L. SHAFFER '61 J.D. gave He organized a symposium on "Irish Legal faculty colloquium on legal ethics. In early the annual Edward S. Godfrey Lecture at History" for the University of Galway and February, he taught a session of a seminar the University of Maine Law School in members of the Irish Legal History Society, on "Religious Consciousness and Legal November titled "Towering Figures, Enig- and at that symposium presented a paper Thought and Practice" at the University of mas, and Responsive Communities in titled "Why Was there No IRISH Law in Pennsylvania Law School in Philadelphia. American Legal Ethics" and to be published the Irish Free State, 1922-1937:' He also He was quoted in the February 2, 1999, this spring in the MAINELAWREVIEW. He published a long letter titled "The Trial of edition of the WALL STREETJOURNAL published Forgiveness Disrupts Legal Order in President Clinton" in the January 22, 1999, regarding attempts by large law firms to volume 4 of GRAVENIMAGES. edition of the IRISHTIMES. improve their associate retention rates by In March, he gave two invited talks at paying cash bonuses. • DINAH SHELTON has been elected to the University College in Cork: "Uncertainty At NDLS, he has been busy as chair of the Board of Patrons of Redress Interna- in American Contract Law" to the law fac- the Law School's Judicial Clerkship Com- tional, a London-based nongovernmental ulty, and "The Tragedy of Race Relations in mittee. As a result of concerted efforts by organization addressing reparations for American Constitutional Law" to the uni- this committee, the number of students who torture victims around the world. The versity faculty. applied for federal clerkships has tripled board is currently involved with the over last year. With William K. Kelley, he Pinochet extradition to Spain. • JOHN H. ROBINSON '72 M.A., spoke to NDLS students in December on She has also been invited to participate '75 PH.D. in January gave a lecture in Des "Applying for Judicial Clerkships: The Nuts in a project titled "Managing Global Issues;' Moines on "What We Should Have Learned and Bolts:' sponsored by the Carnegie Endowment for from the Right to Die Cases of the Past Ten He continues as reporter to the Advi- International Peace, for which she will write Years;' and delivered a talk on "Medical Eth- sory Committee on the Federal Rules of on human rights. ics and Medical Students" to the medical Appellate Procedure, and has become a In November, while with the London students at the University of Osteopathic member of the newly formed Technology Law Programme, Professor Shelton took Medicine and Health Sciences in Des Subcommittee of the Judicial Conference's students in her human-rights course to Moines. In February, he lectured on the Committee on Rules of Practice and Geneva for a special seminar organized for extraterritorial application of American Procedure. them by the High Commissioner's Office in antidiscrimination laws at a conference on the Human Rights Center of the United "The Law of Higher Education" at Stetson • JAMES SECKINGER '68 J.D. has been Nations. The students were able to visit the University in Clearwater, Florida. appointed by Indiana Supreme Court Chief Palais des Nations and attend a session of Justice Randall Shepard as a member of the the U.N. Committee Against Torture. • VINCENT D. ROUGEAU served as Advisory Panel to the Indiana Commission Also in November, Professor Shelton faculty advisor for the Law School's Jessup on Continuing Legal Education and Attor- participated in a round-table discussion Moot Court Team, which finished second in ney Specialization, citing"his particular area with five representatives of the Center for this year's regional competition. He also of expertise and his reputation in the legal Russian Environmental Policy, based in served as judge for the mock trial sponsored community:' Moscow. The center formulates objectives by the Black Law Students Association at Professor Seckinger published and priorities for new Russian laws and the second annual Minority High School the second edition of IMPEACHMENT policies in the field of environmental Students Legal Professions Opportunities ANDREHABILITATIONand EXHIBITSAND protection. Program at NDLS in February. DEMONSTRATIVEEVIDENCE,both part of • 24

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In December, she spoke on "The U.S. He participated in a panel discussion • ADAVERLORENVANTHEMAAT Experience with the Alien Tort Claim Act" on "The U.S. Justice System: The Death '90 LL.M., assistant professional specialist at a conference on "Redress for Victims of Penalty in Question" sponsored by the in the Center for Civil and Human Rights, Human Rights Violations" organized by the University's African and African-American attended the 24th Ordinary Session of the British Institute of International and Com- Studies Program and the Department of African Commission on Human and parative Law at the institute's headquarters History in February. Peoples' Rights in Banjul, Gambia, in in London. Professor Tidmarsh has been elected to October. In January at the University, she gave a membership in the American Law Institute. seminar titled "From Dictator to Defendant: At the January 1999 meeting of the Ameri- • REVEREND D. REGINALD The Pinochet Case in Europe:' can Association of Law Schools, he was WHITT, O.P., participated in a panel dis- She published Challenges to the Future of elected to the Executive Corrimittee of the cussion on careers in law sponsored by the Civil and Political Rights in the WASHINGTON AALS Section on Civil Procedure. Black Law Students Association at the sec- & LEE LAWREVIEW,and Reparations in the ond annual Minority High School Students Inter-American System in THE INTER-AMERI- Legal Professions Opportunities Program at CANSYSTEMOFHUMAN RIGHTS (Oxford NDLS in February. University Press) by David Harries and Stephen Livingstone.

• STEVEN D. SMITH spoke on "The Legal Academy as Court Ideologue" at a conference on Reining in Judicial Imperial- ism: Effectively Limiting the Judiciary to Its St. Nicholas Day Constitutional Powers, sponsored by the American Public Philosophy Institute in Children's Party Washington, D.C., in October.

isa Sc b iltz, associate professor of • J. ERIC SMITH BURN delivered lec- law, and Margaret Kelley, wife of tures titled "Termination of Parental Rights: Associate Professor Bill Kelley, orga- Issues for the New Millennium" and "Inter- nized the second annual St. Nicholas national Child Abduction and the Hague IL Day Party for the children ofNDLS stu- Convention: What You Need to Know" at dents, faculty, administrators and staff. the National Conference on Juvenile Justice Held on Saturday, December 5, 1998, in the in Minneapolis in March. He also served as Law School Student Lounge, the party fea- a member of the teaching faculty for the tured two short plays performed by NDLS National Institute for Trial Advocacy at the faculty and spouses; humorous children's Mid-Central Regional Program, Indiana poems acted by Professor John Garvey '70, University School of Law, in Bloomington Kitty Hoye, Lisa Sc hiltz and their daugh- in March. ters; musical entertainment by Professor He recently served as a consultant to Steven D. Smith and the Smith Family the Ancillary Relief Advisory Group, Singers, Associate Professor Vince Rougeau chaired by Lord Justice Thorpe, who re- and his wife Robin, and Visiting Associate cently presented a lengthy report to the Professor John Nagle; magic tricks by Asso- British Lord Chancellor for approval and ciate Professor Jay Tidmarsh '79; and a eventual adoption by Parliament. He pto- reading of the St.Nicholas story by Associ- vided information on property division and ate Dean Roger F. Jacobs followed by a visit antenuptial contracts in the United States. from St. Nicholas himself (aka Associate DeanReverendJamesE. McDonald, • JAY TIDMARSH '79 published C.S.c. ). Festivities included refreshments Whitehead's Metaphysics and the Law: A Dia- organized by Susan Carozza, wife of Asso- logue in the ALBANYLAWREVIEW.The text ciate Professor Paolo Carozza, and goodie of his May 1998 speech to the American bags for the kids assembled by faculty Law Institute, addressing civil law in the secretaries Debbie S umption and Darlene 21st century, has been published in ALl's Carlson. REMARKSANDADDRESSESATTHE 75TH ANNUALMEETING. • 25

A IL u M\ N N o T IE s

CLASS OF 1949 CLASS OF 1966 CLASS OF 1970

• Honorable] ohn C. Castelli has retired • Honorable Paul Niemeyer, of the • Thomas C. Sopko, a partner at the after serving nearly 30 years as a federal United States Court of Appeals for the South Bend law firm of Sopko &Firth, administrative law judge with the Office of Fourth Circuit, delivered a lecture at NDLS served on the faculty of a panel discussing Hearings and Appeals in the Social Security tided "Rethinking Discovery." On that same "Legal Ethics for Litigarors," sponsored by Administration in Indianapolis, Indiana. visit, he met with students consideringjudi- the Indiana Continuing Legal Education On the occasion of his retirement, Indiana cial clerkships. Forum in South Bend in December. Governor Frank O'Bannon appointed him He was also featured in an article in as a Sagamore of the Wabash, which is the the January 10, 1999, edition of THE RICH- CLASS OF 1972 highest award given by the state to one of its MOND(VIRGINIA)TIMES DISPATCHdiscuss- citizens, and is presented to individuals who ing the legendary civility of the Fourth • Patricia C. Bobb, who heads her own have served the state and its citizens well, Circuit. law firm in Chicago, was interviewed in the have shown great courage and bravery in the January 1999 ABA JOURNALfor an article face of daunting challenges and obstacles, or tided Experts on Experts. With three other CLASS OF 1967 have distinguished themselves as outstand- attorneys, she discussed the use of expert ing Hoosiers and Americans. Governor • David R. Holmes, who has law offices in witnesses at trial, and participated on the O'Bannon cited Judge Castelli's 47 years of Bremen and Plymouth, Indiana, has become faculty of the call-in continuing legal educa- service to the state and federal governments the new Republican party chair in Marshall tion program on the same subject. as just one of many reasons for presenting County, Indiana. She was also named a commissioner of the honor. Judge Castelli also received con- the Attorney Registration and Disciplinary gratulatory notes from President Bill Commission, an agency of the State of Illi- Clinton, both of Indiana's U.S. senators and CLASS OF 1968 nois charged with investigating lawyer- most of Indiana's representatives in the U.S. misconduct allegations. • Ivan Bodensteiner, professor oflaw at House, University President Reverend Valparaiso University, served as a faculty Edward A. Malloy, C.S.c., the dean of the member for a seminar tided "Sexual Harass- • Michael]. Visnosky, a partner in the Indiana University-Indianapolis School of ment Litigation;' sponsored by the Indiana Erie, Pennsylvania-based law firm of Law, and Archbishop of Indianapolis Most Continuing Legal Education Forum in McClure & Miller, has been re-elected as Reverend Daniel M. Buechlein, O.S.B. Indianapolis in November. chairman of the board of trustees for the Lake Erie College of Osteopathic Medicine (LECOM) for his fifth consecutive term. CLASS OF 1958 • ]ackSandner, president ofRB&H Fi- nancial Services and former chair of the Mr. Visnosky also served as the incorpora- • Charles Roemer, a member of the South Chicago Mercantile Exchange, has received tor for LECOM, which in 1992 was the first Bend law firm of Roemer & Mintz, received the "Living Proof" award from Rush medical school to be chartered in Pennsylva- the W. Scott Miller Distinguished Business Neurobehavioral Center, a division of the nia in 35 years and the Iorh osteopathic Leader Award from the Chamber of Com- Department of Pediatrics at Rush Children's medical school in the United States. The merce of St. Joseph County, Indiana. The Hospital. At the awards ceremony, he school has an enrollment of 460 students. award represents the top honor bestowed by spoke publicly for the first time about his the Chamber of Commerce, which selected triumph over Attention Deficit Hyperactiv- CLASS OF 1973 Mr. Roemer for his efforts as founder of the ity Disorder. Chamber's Leadership Program, co-founder • Michael P. Barnes has joined the litiga- of the Community Foundation of St. Joseph tion department of the South Bend office of County, and founder, with his wife Denise, CLASS OF 1969 Barnes & Thornburg, where he will assume of a pre-marriage counseling program for an of counsel position. He will devote his • Thomas]. Bonner, a partner in the New engaged couples. Mr. Roemer has also York City law firm of Sullivan & Donovan, time to civil litigation and to work with the served as the president of the Sourh Bend L.L.P., has been elected chair of the New firm's white-collar crime group. Board of Public Safety, chair of the Cham- York State Bar Association's International He was recently honored by the Uni- ber of Commerce, member of the board of Law and Practice Section. versity and by NDLS for his long career as Project Future, and co-founder and presi- St. Joseph County (Indiana) prosecutor. dent of the Parish Council of St. Joseph's Congressman Tim Roemer (D-Ind.) and Catholic Church in South Bend. Associate Dean Tex Dutile '65 J.D. spoke at • 26

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a luncheon in his honor, and James A. Learning to Lead Conference in Reno, • Nancy Moate Ley was appointed by Roemer '51, '55 J.D. served as Master of Nevada, and has served on other statewide then-Florida Governor Lawton Chiles to Ceremonies. In December, the Indiana committees. fill a vacancy on the Pinellas-Pasco Circuit Prosecuting Attorneys Council presented to Court. Before entering private practice, Ms. Mr. Barnes its prestigious Eugene"Shine" Ley served as an assistant public defender CLASS OF 1975 Feller Award, the highest award bestowed for nine years. by the council, for his significant contribu- • Paul T. Fortino, a partner in the law firm tions to law enforcement and prosecution. of Perkins Coie in Portland, Oregon, and a • Richard A. N ussb aum, a partner at the member of the Executive Advisory Commit- South Bend law firm of Sopko & Firth and • Michael Howlett, formerly ajudge as tee of the Notre Dame Law Association general counsel to Indiana Lieutenant Gov- well as a parmer at Shefsky & Froelich in Board of Directors, has been named a ernor Joseph Kernan, received the "Award of Chicago, has been named by the Cook fellow of the American College of Trial the Year" from the Notre Dame Club of St. County (Illinois) State's Attorney to head Lawyers. Joseph Valley (Indiana), given to a club the newly formed Commission to Study member who has demonstrated outstanding Children Under Age 10 Charged with service on behalf of that individual's profes- • Honorable Jeanne Jourdan, recently Crimes. The commission includes leaders retired from the St. Joseph County Superior sion, the University and the community. in juvenile law enforcement, child develop- Court, has returned to the practice of law Mr. Nussbaum had recently served as presi- ment, psychiatry and related fields. as a deputy prosecutor in the St. Joseph dent of that club. County (Indiana) Prosecutor's Office. Her • Carmen M. Piasecki, a partner at the responsibilities will include an aggressive South Bend law firm of Nick.le & Piasecki, CLASS OF 1978 training program for prosecutorial staff and served on the faculty of a panel discussing the trial of major felony and homicide cases. • John B orrnan, a partner in the Winona, "Legal Ethics for Lirigarors," sponsored by Minnesota, law firm of Streater & Murphy, the Indiana Continuing Legal Education P.A., was recently selected as a"Super Law- Forum in South Bend in December. CLASS OF 1976 yer" in the areas of personal injury and

• Patricia T. Bergeson, formerly deputy products liability law by the MINNESOTA JOURNALOFLAW& POLITICS,an honor given CLASS OF 1974 corporation counsel in charge of the Torts Division for the city of Chicago, has become to less than 5 percent of the practicing law- • Honorable Thomas G. McCarthy, a associate general counsel at the University yers in Minnesota. judge on the district court in the First Judi- of Chicago. cial District in the State of Minnesota, re- • Joseph A. CariJr. has been appointed ceived the 1998 Community Service Award by President Bill Clinton to chair the from the Minnesota District Judges Asso- CLASS OF 1977 Woodrow Wilson International Center for ciation at its fall conference in September. Scholars. Mr. Cari has served as a member • Jane F. (Becker) Bennett has become One of the factors noted in the nominating of the center's board of trustees since 1994 a partner in the South Bend law firm of letter was his work in helping to implement and as vice chair since 1996. The center was May, Oberfell & Lorber; she chairs the a statewide electronic system to address established within the Smithsonian Institu- firm's litigation section and concentrates domestic abuse, which makes Orders of tion, but is administered by an independent her practice in medical-malpractice and Protection available on a computer database. board, and fosters scholarship and dialogue insurance litigation. The database is accessible to police officers in international relations through the hu- who arrive at the scene of a domestic vio- manities and social sciences by bringing • Honorable Roland Chamblee, St. lence incident to enhance law-enforcement fellows to Washington, encouraging dis- Joseph County (Indiana) Superior Court efforts to curb domestic violence. Judge course, and publishing the results of their judge, participated in a panel discussion on McCarthy also served on a committee that activities. legal career opportunities at the second an- developed the new forms being used with nual Minority High School Students Legal the program, and meets with judges from • Vincent R.Johnson, a professor oflaw at Professions Opportunities Program spon- other districts to discuss implementation of St. Mary's University in San Antonio, Texas, sored by the Black Law Students Associa- the program. recently spent four months teaching in tion at NDLS in February. He represented the Minnesota Judi- China on a Fulbright Grant. During the ciary at the Full Faith and Credit Confer- summer of 1998, he ran St. Mary's summer ence in Albuquerque, New Mexico, the program in Innsbruck, Austria. • 27

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Hamilton County (Ohio) Commissioners CLASS OF 1979 CLASS OF 1981 to serve on the Hamilton County Tax Levy Review Committee, which performs inde- • Bruce Belzer, M.D., has joined the • Jeannine M. Davis has been elected se- University of North Dakota Family Practice pendent reviews of all tax levy requests. nior vice president, general counsel and sec- Center in Bismarck. retary of CTS Coporation, a diversified • Honorable Kathleen Kearney, ajudge in manufacturer of electronic components for the Broward County (Florida) Circuit • Kathleen G. Cox, formerly a litigator the computer equipment, automotive and and partner with Venable, Baetjer & Court and member of the Law School Advi- communications markets based in Elkhart, Howard in Towson, Maryland, has been sory Council, has been appointed by Florida Indiana. A member of the legal staff at CTS named a judge on the Circuit Court for the Governor Jeb Bush as secretary of the state's since 1980, her responsibilities now include County of Baltimore by Maryland Governor Department of Children and Families, an the company's legal, environmental, health Parris N. Glendening. agency with 27,000 employees and a $3.3 and safety, intellectual property and corpo- billion budget charged with child protection rate facilities matters. and providing services to the mentally ill, • David C. Guaderrama has been a district court judge in the State of Texas since the disabled and the poor. Her appoint- • Nancy J. Gargula, a partner with the ment, announced in the December 8,1998, 1994. Commercial, Financial and Bankruptcy Ser- Fort Lauderdale SUN-SENTINEL,awaits vices Team at the Indianapolis office of confirmation by the Florida Senate. The • Yvonne R. Guaderrama has been elected Baker & Daniels, has been elected president a district court judge in the State of Texas. December 9,1998, edition of THE TAMPA of the Indianapolis Bar Foundation (IBF), TRIBUNEheralded the governor's decision, the charitable arm of the Indianapolis Bar noting Judge Kearney's passion for protect- Association (IBA). A distinguished fellow CLASSOF 1980 ing children from sex crimes and child of the IBF and board member since 1995, abuse, and her work in crafting federal and Ms. Gargula is the first person to serve as • Erhna Marie Cooper, a partner in the state laws to benefit children. Cincinnati office of Thompson Hine & IBF president without first having served as Flory, L.L.P., has been appointed by the IBA president, although she had held a number of other positions in the IBF including secretary, chair of the "Ask a Law- yer" project, chair of the Scholarship Committee and member of the Develop- ment Committee.

N MEMORIAM • William A. Klatt, formerly first assistant to Ohio Attorney General Betty Montgom- ery, has been appointed chieflegal counsel to Ohio Governor Bob Taft. Please remember the following deceased alumni and their families in your prayers.

Peter Ross Viviano '36, '37 J,D" of Hollywood, California,November 9, 1998. • Ellen E. McLaughlin has been named the first female chair at Chicago-based Thomas E. Foley '40 J.D., of South Bend,Indiana,March 6, 1999. Seyfarth, Shaw, Fairweather & Geraldson, William B. Ball '48 J.D., of Camp Hill,Pennsylvania,january 10,1999. with responsibility for a 200-attorney labor and employment practice group at the 415- Joseph B. Stio '48 J.D., of Placida,Florida,October 27,1998. attorney firm. She was featured in a"Com- David M.Thornton '48,'53 J.D., ofTulsa,Oklahoma,October 21, 1998. munity Closeup" article in her community newspaper, THE DOINGS,and in the January John E.Tormey '53, '54 J.D., of Elmira,New York,December 28,1998. 1999 edition of CHICAGOLAWYER, James M. Corcoran '56 J.D., of Evanston,IIlinois,january 7,1999. highlighting both her successful law practice and her dedication to her family. Joseph A. Gallagher Jr. '54, '56 J.D., of larchmont, New York,February 25, 1999. Kevin W. Carey '65 J.D., of Denver,Colorado, May II, 1998. James F.Thornburg, former adjunct professor at NDLS,December 28, 1998. • 28

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the Indiana Continuing Legal Education CLASS OF 1982 CLASS OF 1987 Forum in South Bend in December.

• Kathleen Brickley, a partner at the • Patrick Davies, of counsel at Covington South Bend office of Barnes & Thornburg, • Honorable Jenny Pitts Manier, ajudge & Burling in Washington, D.C., was fea- served as a faculty member for a seminar in St. Joseph County (Indiana) Superior tured in an article in the November 16, Court, recently received the Athena Award titled "Sexual Harassment Litigation;' spon- 1998, edition of LEGALTIMES discussing the sored by the Indiana Continuing Legal Edu- from the Chamber of Commerce of St. Jo- expanding role of "Of Counsel" attorneys cation Forum in Indianapolis in November. seph County. The award"recognizes an within law firms. She also served as a panelist for a dis- individual who has opened new opportunities for women in attaining their fullest po- cussion titled"Women in the Law: A • Amy Ronayne, assistant attorney general Unique Perspective on the Justice System;' tential in their profession and in business. in the criminal division of the Michigan sponsored by the Diversity Program of the Prior to her appointment as judge, Judge Department of Attorney General, received University's College of Business Administra- Manier served as general counsel for Indi- the FrankJ. Kelley Award for Excellence in tion in October. ana Lieutenant Governor Joseph Kernan, Trial Advocacy at the department's annual the Indiana Department of Commerce and meeting in December. She joined the de- • Robert D. Clements, a partner at the the Office of the Indiana Commissioner of partment in 1997 after four years as first law firm of Bose McKinney & Evans in Agriculture, as staff attorney for the Legal assistant prosecutor and sex crimes prosecu- Indianapolis, Indiana, served in the faculty Services Program of Northern Indiana, as tion unit coordinator with the Washtenaw of the Indiana Trial Advocacy College for a chief assistant city attorney for South Bend, County (Michigan) Prosecutor's Office. program in Skills Proficiency Training at as a member of the board of Public Works Her work with that office earned her a num- the Indiana University School of Law- in South Bend, and as an attorney for the ber of awards including the Distinguished Redevelopment Commission and the Hu- Indianapolis in March. Faculty Award from the Prosecuting Attor- man Rights Commission. neys Association of Michigan, the Child Service Award from the Washtenaw Area CLASS OF 1983 • Cari Votava, formerly legal advisor for Council for Children, and the Community Citibank in Prague, the Czech Republic, has • Michael B ettinger, formerly a partner at Service Award from the Law Enforcement joined World Bank in Washington, D.C., Orrick, Herrington & Sutcliffe in San Fran- Association of Washtenaw County. where she will serve in the Division of Eu- cisco, has become a partner in the San Fran- Currently, she serves as a faculty mem- rope and Central Asia. She will deal with cisco office of Seattle-based Preston Gates ber with the National College of District the legal aspects of bank restructuring and & Ellis; his practice focuses on intellectual Attorneys, and last June taught the Essential will advise countries in Eastern Europe and property litigation. Trial Advocacy Course. As an instructor the former Soviet Union on ways in which with the Prosecuting Attorneys Association they might amend their financial and bank- of Michigan, she has taught a number of CLASS OF 1984 ing structures to improve the financial sec- trial-practice courses. And last November, tor in those nations. she lectured on sexual assault in a criminal • John M aciejczy k, formerly with the law class at the University of Michigan Law Elkhart, Indiana, office of Barnes & School. Thornburg, has joined the St. Joseph CLASS OF 1986 And her September jury trial in a lot- County (Indiana) Prosecutor's Office, where Visit the Class 01'86 website, developed and tery fraud/perjury case appeared on "Court he will serve as chief deputy prosecutor. maintained by Don Passenger, at http:// TV" in October. www.iserv.net/-dpasseng/ndlaw86.htm.

CLASS OF 1985 • Linda A. Weaver, formerly with • Laura L. Hirschfeld, associate professor Kilgallon, Carlson & Simkus in Chicago, Visit the NDLS Class 01'85 website, developed oflaw at the University of Detroit-Mercy, has returned to the Chicago office of and maintained by Tom Nessinger, at http:// received the school's James E. Barnes Award Clausen Miller. www.wenet.net/-tness/85Iaw.html. for scholarly excellence.

• Mark D. B over i, an associate at the CLASS OF 1988 South Bend office of Barnes & Thornburg, • Michael L. Cotticchia, formerly director served on the faculty of a panel discussing of Human Resources and Risk Management "Legal Ethics for Litigators," sponsored by at Applied Industrial Technologies, has been appointed vice president at that company. • 30

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• Andrea Ro berts, an attorney with • WilliamJ. Walsh has joined Kennedy • Joseph A. McCarron has joined the Bingham Summers Welsh & Spilman in Covington Lobdell & Hickman, L.L.P., in Bloomington, Illinois, law firm of Hayes, Indianapolis, co-authored Peer Sexual Ha- Charlotte, North Carolina, as an associate. Hammer, Miles, Cox and Ginzkey, where rassment: Does Title IX Make Schools Liable for His practice will focus on corporation law, his practice will focus on civil litigation in- Harassment by Children? in RES GESTAE,a mergers and acquisitions, securities law and cluding business and contract disputes, fam- publication of the Indiana State Bar banking law. ily law and personal injury. Association. • LisaM. (Bolanz) Patterson, director of CLASS OF 1996 • Diane Tillman-Reed, an attorney with career services at NDLS, published Counsel- Fred R. Hains & Associates in South Bend, ing the "Rest of the Class" After (and During) • Rohanna Fines has been appointed an OCl, in the October issue of the NALP participated in a panel discussion on career assistant attorney general for the State of BULLETIN.The article offered advice ro opportunities in the law at the second an- Washington, where she will focus her ef- nual Minority High School Students Legal forts on educational programs involving other career-services professionals on get- Professions Opportunities Program spon- children's mental-health issues. ting the attention of and counseling stu- sored by the Black Law Students Associa- dents who do not secure jobs through traditional on-campus interviewing tion at NDLS in February. • Steven W. Hieart, an associate practicing corporate and securities law in the Cincin- programs. nati office of Thompson Hine & Flory, CLASS OF 1995 L.L.P., was featured in the firm's promo- • BarbaraJohnston has formed her own tional brochure for his pro bono service. firm, Morguson, Johnston & Bancroft, L.L.c., in South Bend.

• Teresa Kibelstis, formerly with the Philadelphia (Pennsylvania) District NEW ADDITIONS Attorney's Office, has joined Ballard Spahr Andrews and Ingersoll in Philadelphia as an Please welcome the newest additions to the NDLS family,and keep these growing families associate. in your prayers.

• Ron Miller has joined the London, En- Timothy K. Borchers '87 J.D. and his wife Shannon announce the birth of their daughter, gland, office of Los Angeles-based Gibson, Hanna Kathleen Flynn,March 17, 1998,in Seattle,Washington. Dunn & Crutcher, L.L.P., as an associate. Catherine Pollock Gregory '90 J.D. and her husband Rickannounce the birth of their son, • Teresa M orguson has formed her own firm,Morguson, Johnston & Bancroft, Matthew Charles, January 18, 1999,in Hartford, Connecticut L.L.c., in South Bend. Colleen (Browne) Magarian '87, '91 J.D. and her husband Mikeannounce the birth of their daughter,

• Christopher Russell is a staff attorney at Molly Elizabeth,January 21, 1999,in Stamford, Connecticut. Piedmont Legal Services, Inc., in Lexington, Brian Coffey '95 J.D. and his wife Susan announce the birth of their son, Nathan Edward, Virginia - a traditional legal aid office providing civil representation to low-income January 6, 1999,in Chicago, Illinois. residents of the Shenandoah Valley that is also affiliated with the Law School of Marlen McKinney Bellaschi '89, '95 J.D. and John Bellaschi '89, '92 J.D. announce the birth of their Washington & Lee University. daughter, Katheryn McKinney Bellaschi,October 20, 1998,inArlington,Virginia.

• Brian Sagrestano, formerly assistant Mary [o Naples Miller '95 J.D. and Ron Miller '95 J.D. announce the birth of their daughter, director of major gifts at Clarkson Univer- Miranda Rose, December 12, 1998,in London, England. sity in Hamilton, New York, has become the associate director of planned giving at Jeralyn Rehn '97 J.D. and John Rehn '95 J.D. announce the birth of their daughter, Jensen Ashleigh, Hamilton College in Clinton, New York. on August 18,1998,in Galesburg, Illinois. • 31

ALUMNI N o T E s

• Vanessa Pierce, formerly with Workman, • Cynthia Thornton has moved to Los CLASS OF 1998 Nydegger & Feely in Salt Lake City, Utah, Angeles and has written, produced and di- has become an associate in the Palo Alto, rected an independent film shot in Texas • Tim Flanagan recently joined the California, office of Washington, D.C.-based and edited in Los Angeles. The movie, University's Office of Research as assistant Finnegan, Henderson, Farabow, Garrett & "Three Girls In Love;' is a romantic director for technology transfer.He brings Dunner. drama that explores the various relation- to the job an undergraduate education in ships of three twenty-something females. electrical engineering, and experience in the • Reverend Bruce Wells, formerly director It will appear on the film festival circuit this U.S. Navy, in manufacturing, and in envi- of the Mediation Center at the Notre Dame year. ronmental consulting for the federal Legal Aid Clinic, has joined the St. Joseph government. County (Indiana) Prosecutor's Office in the

Child Support Division. • Mark A. Kromkowski has joined the Chicago law firm of Mcbride, Baker & Coles in the firm's Business & Transactional CLASS OF 1997 Department, where his responsibilities will • Sean Finn, an attorney in North Dallas, focus on securities, tax and sweepstakes law. Texas, was featured in an article in the De- cember 22,1998, edition of THE DALLAS MORNINGNEWS. The article notes that, although he was paralyzed from the chest NOTRE DAME LAW ASSOCIATION NEWS down after a motorcycle accident at age 15, Mr. Finn has succeeded in a number of areas including graduating from law school and passing the Texas Bar, becoming qualified as Bar Association Receptions the first and only disabled instructor in the Professional Association of Dive Instruc- tors, working with disabled young children, he Notre Dame Law Associa- If you would like the NDLA to host a and serving on the committee of the Bret tion has planned receptions for reception at your state's next bar association Bunnett Foundation, which works to raise NDLS alumni and friends at a meeting, please contact Cathy Pieronek money to support researchers in their ef- IInumber of bar association re- in the Law School Relations Office. We forts to find a cure for paralysis. ceptions this summer. If you're planning on generally need six months' notice, prefer attending one of these meetings, we hope to to host receptions in areas with large local • T.Jeffrey Fitzgerald, an associate at the see you at the Notre Dame reception. concentrations of NDLS alumni and Washington, D.C., office of Jones, Day, friends, and like to work with local hosts Reavis & Pogue, has published Health Care • Ohio State Bar Association: to help encourage attendance. Providers Encounter the Civil False Claims Act Thursday, May 13, 1999, 6 to 7 p.m., in volume 28 of THE COLORADOLAWYER, Renaissance Hotel in Cleveland, Ohio. and with co-author James J. Graham, Key Issues in Defending Civil Investigative Demands • State Barof Arizona: Under the False Claims Act in a 1998 ABA Thursday, June 24,1999,5:30 to 7 p.m., publication titled ANATIONALINSTITUTE Phoenician Resort in Scottsdale, Arizona; ON THE CIVIL FALSECLAIMSACT ANDQUI local host, Chris Coury '91,'94 J.D.

TAM ENFORCEMENT. • AmericanBar Association: • Scott Moran recently completed his fed- Sunday, August 8, 1999, 5:30 to 7 p.m., in eral clerkship in Puerto Rico, and joined the Atlanta, Georgia (location TBA). Atlanta office of Troutman Sanders as an associate, where he will practice in the firm's international corporate group, focusing primarily on Latin America. NDLA '99 Election Results NOTRE DAME ALUMNI, through indi- • Charles Weiss '68 J.D., Region 5 vidual personal efforts as well as through representative on the NOLA Board of group efforts coordinated through local Directors, has worked with St. Louis-area any thanks to those of you alumni clubs and the Notre Dame Law alumni and the Notre Dame Club of St. who participated in the Association, have provided a number of Louis Volunteer Lawyer Program, operated recent election for six re- summer-service opportunities for NDLS as an adjunct of the St. Louis Legal Services gIOnal representatives to students interested in public-interest law, Office at St. Bridget's Church in the inner M~ and have helped develop some service op- city. Each Saturday, from 9 a.m. to noon, the Notre Dame Law Association Board of Directors. The individuals listed below will portunities for practicing attorneys in their two lawyers agree to meet with clients in hometowns. We are proud of the efforts of need of legal advice. The parish schedules take office on July 1, 1999, for a three-year these leaders to encourage all Notre Dame the appointments and provides the meeting term ending onJune 30, 2002. Each is eli- lawyers to turn their scholarship into space, while the alumni club recruits the gible to be re-elected to an additional three- service. volunteer lawyers. Each attorney generally year term. spends one Saturday morning at the clinic Region 2 - Colorado, Montana, New Mexico, • Following on last year's successful sum- every two months. If you'd like to participate Utah, Wyoming and Western Canada (Calgary) mer internship program at the Center for in this program, or if you'd like more infor- Brian Bates '79, '86 J.D., a partner at Antonio, Legal Education Advocacy and Defense mation on how to start a similar program in Bates & Bernard in Denver, Colorado Assistance, Philadelphia-area Notre Dame your hometown, please contact Mr. Weiss by

Region 3 - Arizona, Southern California, Southern lawyers including Richard M. Jordan '67, mail at Bryan Cave L.L.P., One Metropolitan Nevada and Mexico '70 J.D., who is a member of the Executive Square, Suite 3600, St. Louis, MO, 63102- PauiJ. Meyer '67 J.D., incumbent NDLA Advisory and Public Interest Committees of 2750, by phone at (314) 259-2000, or by fax Region 3 representative and an executive vice the NOLA Board of Directors, Teresa at (314) 259-2020. president and the general counsel of Eller Kibelstis '92, '95 J.D. and Maria Morinigo Media Company in Phoenix, Arizona '97 J.D. have arranged a public-interest • Dr. Franklin C. Wefald, a University placement for a 1L or 2L at the Nationalities benefactor who works as a physician in Region 7 - Michigan Service Center, the Immigration Law Clinic South Bend, has pledged multiyear Eugene S mary '75 J.D., a partner at Warner, of Temple University Law School. The summer-stipend support for an NDLS Norcross & Judd in Grand Rapids, Michigan, Notre Dame Law Association of the Notre student to work with his sister, an attorney and an adjunct associate professor at NDLS Dame Club of Philadelphia has pledged a who represents death-row inmates in the Region 10 - New Jersey,Southern Connecticut, $2,500 stipend to support the student who Los Angeles area. Southern New York accepts the position. If you wish to contrib- Honorable Alfred J."Jim" Lechner Jr. '72 J.D. ute to the support of that effort, please con- • San Francisco-area Notre Dame lawyers, of the District of New Jersey tact either: Mr. Jordan by mail at White and under the leadership of Diane Rice '80, '83 Williams, L.L.P., 1800 One Liberty Place, J.D., have arranged a public-interest place- Region 12 - Delaware, Eastern Pennsylvania, Philadelphia, PA 19103-7395, by phone at ment for a continuing student at the San Maryland, Virginia, Washington, D.C. (215) 864-7000 or by fax at (215) 864-7123; Francisco Neighborhood Legal Association David M. Barrett '59, incumbent NOLA or Ms. Kibelstis by mail at Ballard Spahr Foundation, which focuses on retaining af- Region 12 representative and senior partner of Andrews & Ingersoll, L.L.P., 1735 Market fordable housing, SSI benefits, food stamps the Washington, D.C., law firm of Barrett & Street, 51st Floor, Philadelphia, PA 19103- and health access for low-income clients. Schuler 7599, by phone at (215) 665-8500, by fax at Notre Dame lawyers in the Bay Area have Region 13/14 - Alabama, Arkansas, Louisiana, (215) 864-8999, or bye-mail at pledged $2,500 in support of the student Mississippi, Oklahoma, Tennessee, Texas [email protected]. who accepts the position. If you wish to Scott T. Beall '89 J.D., an attorney with the contribute to the support of this effort, Memphis, Tennessee, law firm of Glankler • Paul Mattingly '75 J.D., also a member please contact Ms. Rice by mail at Brobeck, Brown, P.L.L.c. of the Executive Advisory and Public Inter- Phleger & Harrison, L.L.P., Spear Street Also taking office on July 1, 1999, with one-year est Committees of the NOLA Board of Tower, One Market, San Francisco, CA terms expiring on June 30, 2000, are: Directors, has plans to secure support from 94105, by phone at (415) 442-1509, by RichardD.Catenacci'65J .D., president Cincinnati-area attorneys to fund one fax at (415) 442-1010, or bye-mail at ThomasR.Curtin'68J .D., president-elect NDLS student at the Legal Aid Society of [email protected]. Greater Cincinnati. He has already worked And taking office for a two-year appointed term with the Notre Dame Club of Cincinnati to IF YOU KNOW OF A SERVICE is at-large representative Thomas P. Keller '92 gather a cadre of Notre Dame lawyers to OPPORTUNITY, either for practicing J.D. of South Bend. participate in the club's Tax Assistance Pro- Notre Dame lawyers or for NDLS students, gram, which helps the working poor with please contact Cathy Pieronek at the Law tax preparation. If you wish to support School Relations Office. We have a lot of Many thanks for years of dedicated service to James P. either effort, please contact Mr. Mattingly flexibility in arranging programs, especially Gillece '69J.D. (president untilJune 30,1999), Carl by mail at Dinsmore & Shohl, L.L.P., 1900 for our students, and would like to facilitate Eiberger '52, '54 J.D. (Region 2), Robert Krause '66 Chemed Center, 255 East Fifth Street, an array of service opportunities for students J.D. (Region 7) and Lee Piovarcy '63 (Region 13/ Cincinnati, OH 45202, by phone at (513) and alumni alike. 14), who chose not to run for re-election and will be 977-8281, or by fax at (513) 977-8141. offered life membership on the NDLA Board's Execu- tive Advisory Committee. • 33

L A w A L u M N I

CLASS OF 1949 - 50TH REUNION CLASS OF 1989 - 10TH REUNION

• The Golden Jubilee Class of 1949 has planned a special dinner at • Class secretary Jennifer E.(O'Leary) Smith reminds everyone Sunny Italy Cafe (formerly Rosie's) in South Bend on the night of that her husband Jim Smith and Mike Luzu m expect a large turn- Saturday, June 5, 1999, during the University's spring Reunion '99 out for the Class of 1989's 10th reunion at the University's spring weekend. Class members should have received at least two letters Reunion '99, June 4-6,1999. To help plan special activities for your with the dinner details from reunion organizers Harold Cook, Earl class and to confirm your attendance, please call Jim Smith at (800) Yeagley and Tom Broden.The response so far has been positive 826-3505, or bye-mail [email protected]. from all members who have replied - meaning that this year's reunion should be great for the entire class. For more information, REUNION '99 please contact Mr. Cook at (219) 255-0083.

• All NDLS graduates whose class years end in"4" or"9" are invited back to campus for Reunion '99 the weekend of June 4-6,1999. In CLASS OF 1959 - 40TH REUNION addition to the seminars, programs and opportunities for socializing • Members of the Class of 1959, who will be celebrating their scheduled by the University, NDLS may host a three-hour continu- 40th reunion in 1999, are planning a special celebration for the ing legal education program on Notre Dame-Michigan State football weekend on September 17-19, Friday morning (if alumni express 1999. To help with the planning, please contact Bill Harte at sufficient interest), an all-classes (A)' (312) 726-5015. dinner on Friday night, and a Mass, continental breakfast and Law School open house on Saturday CLASS OF 1964 - 35TH REUNION morning. In early March, the

• Classmates should already have received at least two letters from University's Alumni Association Honorable John Leahy regarding a class reunion at the time of the mailed registration information to University's Reunion '99, June 4-6, 1999. If you plan on attending, all those eligible to attend. If you please let him know so that he can spread the word among class- have any questions about Reunion mates to encourage others to attend as well. You can reach Judge '99, please contact the University's Leahy at (909) 336-3001, or bye-mail [email protected]. Reunion Office at (219) 631-6199 ..

CLASS REUNIONS FOR 2000 CLASS OF 1969 - 30TH REUNION

• Members of the Class of 1969, who will be celebrating their • If your class is eligible for a reunion in 2000 - that is, if your 30th reunion in 1999, are planning a special celebration for the class year ends in "5" orD" - it's not too early to begin planning for Notre Dame-Navy football weekend on October 29-31, 1999. Class the festivities, particularly if you'd like to schedule a special reunion secretary Scott Atwell has indicated that he and George Rice,Jim weekend apart from the University's Reunion '00 in the spring. The Starshak and Al Lehrer would be happy to have your help in con- Law School Relations Office can facilitate planning, but we need tacting classmates to attend. Tentative plans include a post-pep rally volunteer class members to take leadership roles in encouraging cocktail social at a South Bend-area hotel, a class dinner on campus classmates to attend and in organizing meaningful activities. Our Saturday evening and a class Mass and breakfast on Sunday morn- most successful reunions begin as grass-roots efforts initiated by ing. Anthony Travel, at 1-800-7-DOMERS, has offered to help dedicated alumni on behalf of their classmates. If you want to help with hotel room reservations and your other travel needs. For plan a memorable reunion for your class, please contact Cathy more information on the reunion itself, you can reach Mr. Atwell Pieronek at (219) 631-6891. at (303) 220-7700, or bye-mail [email protected]. • 34

s T u ID IE N T N o T IE s

MOOT COURT AND TRIAL TEAMS

MOOT-COURT ACTIVITIES OFFER STUDENTS THE OPPORTUNITY TO DEVELOP PRACTICAL LITIGATION AND APPELLATE SKILLS AND TO COMPETE AGAINST OTHER LAW-SCHOOL TEAMS IN

REGIONAL AND NATIONAL COMPETITIONS. THIS YEAR'S TEAMS EXPERIENCED A NUMBER OF SUCCESSES - FURTHER EVIDENCE OF NOTRE DAME'SSTRENGTH IN TRIAL ADVOCACY, A PROGRAM CONSISTENTLY RANKED AMONG THE NATION'S BEST.

Moot Court Showcase Team and] udges

Back row (left to right): Honorable Brent E. Dickson, Honorable Richard D. Cudahy, Thomas Keough. Front row (left to right): Cynthia Morgan '99, Charmaine Chiu '99, Honorable Deanell Reece Tacha, Karen DuBay.

Island, New York, appearing for the with two specific questions. First, does the MOOT COURT SHOWCASE respondent, made uniformly outstanding ADA cover a person whose disability is ARGUMENT presentations to a tough panel of judges completely controllable through the use of • The top oralists from the National Ap- comprised of the Honorable Deanell Reece mitigating measures such as medication? pellate Team presented a strong demonstra- Tacha of the United States Court of Ap- And second, does claiming a total disability tion of their oral-advocacy skills at the 49th peals for the Tenth Circuit, the Honorable for the purposes of participation in a state Annual Showcase Moot Court Argument in Richard D. Cudahy, senior judge of the disability program preclude an individual February. Third-years Charmaine Chiu of United States Court of Appeals for the Sev- from claiming to be qualified to perform a Jacksonville, Florida, and Cynthia Morgan enth Circuit, and the Honorable Brent E. particular job as required for protection of St.Clair, Michigan, appearing for the Dickson, associate justice on the Indiana under the ADA? petitioner, and Karen Dubay of Troy, Supreme Court. Responding well and remaining poised Michigan, and Thomas Keough of Staten This year's argument focused on the during relentlessly tough questioning, the Americans with Disabilities Act (ADA) oralists received high praise for their • 35

S T U DEN T N o T E S

demeanor, their thorough knowledge of the included two trips to Chicago - one for an The team memorial (brief) submitted record and the law, and their ability to stay interscholastic competition against North- by Jean Seidler '99 of Sumner, Washington, on track despite interruptions for questions. western and the other for the regional com- and Deborah Tsai '99 of Notre Dame, Indi- Associate Professor Bill Kelley, who petition in February. In the regional ana, earned fourth place in the Team Memo- served as faculty advisor to the team, noted contest, the NDLS team advanced to the rials Competition, while the brief submitted the strength of the team's performance: semifinal round and finished with more by Mr. Faizer and Ms. Mercado ranked "The student advocates prepared thor- combined points than any other law school. second overall in the Applicant's Memorial oughly for the argument and it showed in Category. their excellent performances. And we were This is the most successful an NDLS INTERNATIONAL MOOT COURT very fortunate to have distinguished judges team has been at the Jessup Competition for who asked good questions - and a lot of • The NDLS Moot Court International the last five years. "We went to the competi- them - without making sport or giving the Division Team placed second out of 11 tion hoping to simply establish that Notre students a hard time just because they teams in the central regional round of the Dame has a superior international law could. All in all, I think the event was a Philip C. Jessup Moot Court Competition program. What we ended up coming back success from every standpoint:' held in early February at Southern Illinois. with was beyond our expectations;' noted Established in 1959, the Jessup Competition Ms. Mercado. is the world's largest and most prestigious Team coach and NDLS Associate Pro- NATIONAL ApPELLATE TEAM international-law moot-court competition, fessor Vincent D. Rougeau explained the • The NDLS National Appellate Team, involving 1,500 students representing more significance of the team's outstanding per- also coached by Professor Kelley, consists of than 300 law schools formance. "The Jessup the top 10 students from the second-year from almost 50 nations Competition is based Moot Court Appellate class. In addition to on six continents. This on international law the four students who represented NDLS year's problem con- We went to the and is extremely de- in the national competition in Milwaukee, cerned cultural-iden- manding, both sub- this year's team included third-years tity protection and competition hoping to stantively and in terms of oral advocacy. It is Heather G uilette of South Barrington, intellectual-property simply establish that Illinois, Bill Keller of Lacey, Washington, rights in the interna- also a worldwide event. Alex N akis of Tallahassee, Florida, Matt tional community. Notre Dame has a Our students did an Nielson of Omaha, Nebraska, Kris Tefft of All four NDLS outstanding job and Pasco, Washington, and Charles Topping of oralists placed near the superior international law many of the judges commented on the Lisle, Illinois. These team members repre- top of the competition program. What we sented NDLS well at regional competitions for their individual strength of their per- at Pepperdine University in Malibu, Califor- performances. Akram ended up coming back formance:' Dean nia, and before the Seventh Circuit. Faiz er '00 of Cornwall, David T. Link '58, Ontario, Canada, and with was beyond our '61J .D. added his con- Teresita Mercado '97, expectations. gratulations as well. "I NATIONAL TRIAL TEAM '00 of Phoenix, Ari- am proud of our team THE BARRISTERS zona, representing the for their performance - in particular, their • Eight 2Ls and 3Ls represented NDLS at applicant, a first-world advancement to the semifinal and final a number of competitions as members of nation asking for reparations on behalf of rounds. Their accomplishments reflect well, the National Trial Team, also known as The citizens whose property interests were ex- indeed, on the Notre Dame Law School:' Barristers. Third-yearsJanine Felder-Kahn propriated and on behalf of citizens who Team captain James McCament gives much of South Bend, Kim Hart of Dallas, Texas, were being denied protection for intellectual of the credit for their success to the faculty John Kuckelman of Atchison, Kansas, and property rights, finished the competition members and other students who helped Patrick Ryan of South Bend, and second- undefeated. James McCament '00 of Alex- prepare the team."We were very lucky to years David Black of Hamilton, Montana, andria, Virginia, and Michael Tigue '99 of have professors with such expertise in inter- Mark Busby ofRas Tanura, Saudi Arabia, South Bend, representing the respondent, a national law who were willing to help us Stone Grissom of Los Angeles, California, developing nation defending its actions on prepare for the competition. We were also and Tamara Walker of Memphis,Tennes- the basis of sovereignty and the right to very grateful to the LL.M. students who see, learned trial techniques fromJeanne protect its own cultural identity, prevailed assisted us, since each had been on Interna- Jourdan '75 J.D. and Wendell Walsh '77, against all competitors except the regional tional Moot Court Teams themselves:' '80 J.D. in preparation for competitions that champion, Northwestern. • 36

S T U DEN T N o T E S

STUDENT -EDITED JOURNALS

acknowledged expert in the relevant field Unlike rraditionallaw reviews, the STUDENT EDITORS NAMED and approved for publication by a referee. NOTRE DAMEJOURNALOF LAW, ETHICS & JCUL is always on the look-out for PUBLICPOLICYdevotes each issue ro a single • The editors-in-chief for the Law School's four student-edited journals were an- authors and subscribers. If your practice topic of public concern, which permits nounced before spring break: Jonathan involves issues of interest to college and comprehensive analysis of legal and public- Bridges '00 of South Bend, for the NOTRE university atrorneys, and if your life allows policy arguments. The journal enjoys a DAME LAW REVIEW;Neesha Singh '00 of you ro explore those issues in depth, please national audience and has published articles Coram, New York, for the JOURNALOF COL- contact faculty editor Professor John by Joseph Cardinal Bernadin, WilliamJ. LEGE& UNIVERSITYLAW;Todd Barker '00 Robinson by mail at the journal office, Bennett, Justice William J. Brennan, Mario of West Linn, Oregon, for the NOTRE DAME Notre Dame Law School, Notre Dame, IN Cuomo, John M. Finnis, Honorable Henry JOURNAL OF LAW,ETHICS & PUBLIC POLICY; 46556, or by phone at (219) 631-6980, ro Hyde, C. Everett Koop, Richard John and Michael G alibois '00 of Duxbury, Mas- discuss the possibility of your finished Neuhaus,Honorable John T. Noonan, sachusetts, for the JOURNAL OF LEGISLATION. product appearing in JCUL. If you are Richard A. Posner and President Ronald W. interested in subscribing ro JCUL, please Reagan. contact Kelley Collins by mail at the For more information about the NOTRE DAME LAW REVIEW journal office, by phone at (219) 631-6749, journal's upcoming issues or about subscrip- or bye-mail at [email protected]. tion rates, please contact Todd Barker by • The NOTRE DAME LAW REVIEW is pub- e-rnail at [email protected] or by phone at lished five times annually by the Notre the journal office, (219) 631-4888. Dame Law School. The law review staff NOTRE DAMEJOURNAL OF especially welcomes input and submission LAW, ETHICS & PUBLIC POLICY of manuscripts from Notre Dame Law JOURNAL OF LEGISLATION School alumni and friends. If you are inter- • The NOTRE DAMEJOURNALOFLAW, ested in obtaining a subscription ro the ETHICS & PUBLICPOLICYwill publish two • The JOURNALOFLEGISLATIONis embark- NOTRE DAME LAW REVIEW, submitting a exciting journals during the 1999-2000 aca- ing on a new and exciting phase in its his- manuscript or have suggestions for improv- demic year. Alumni and friends are invited rory. After celebrating its 25th anniversary ing the NOTRE DAME LAW REVIEW, please ro inquire about contributing an article ro this past year, a talented and enthusiastic write ro Notre Dame Law Review, P.O. Box either issue. Articles will be collected until staff leads the journal in preparing for the the fall. 988, Notre Dame, IN 46556. new millennium. Changes include a new One issue will deal with professional book review section dealing with a ethics. "Notre Dame's focus on ethics makes practitioner's approach ro legislation, and JOURNAL OF COLLEGE AND it unique among law schools. The journal's the staff hopes ro attract select national UNIVERSITY LAW (JCUL) ethics issue will continue this tradition;' political figures as contriburors ro the 1999- according ro editor-in-chief Todd Barker 2000 JOURNALOF LEGISLATIONSymposium. • For the past 12 years, the Law School has '00. "We hope ro publish articles from a As always, any submissions from Law published the JOURNAL OF COLLEGEAND wide array of authors - practicing lawyers, School alumni and friends contribute ro the UNIVERSITY LAW (JCUL) for the National scholars, judges and politicians - ro create continued success of the journal. The staff Association of College and University an exciting and timely publication:' invites you to submit articles on issues con- Attorneys. Four times a year, JCUL ad- The other issue will contain articles cerning federal, state or local legislation. dresses legal issues confronting attorneys pertaining to privacy and the law. "Threats Article submissions provide not only an who represent institutions of higher learn- to privacy abound all around us. Grocery opportunity for authors to publish coming. Recent editions have featured articles stores track and store information about mentaries on legal issues of personal or on affirmative action, scientific misconduct, the products we buy, Web sites collect professional importance, but also an oppor- hazing, the World Wide Web, disability, information about our use of the Internet, tunity for staff members to gain invaluable sexual harassment and academic freedom, and hospitals obtain very personal informa- editorial and legal experience. and gender equity. The current issue in- tion about patients. This should prove ro be For more information on article sub- cludes articles on antitrust law as it applies a very interesting and popular issue;' commission guidelines, the 1999-2000 sympo- ro university activities, the recent revolution mented Reverend John H. Pearson, C.S.c., sium or journal subscription information, in Eleventh Amendment law, the ancient '68, '71 M.T h., director of the Law School's please contact: Journal of Legislation, Notre Dartmouth College case, and the current dis- Thomas J. White Center on Law and Dame Law School, Notre Dame, IN 46556. pute over the use of mandatory student fees. Government. Each of these articles was written by an • 37

S T U DEN T N o T E s

STUDENT SERVICE

County (Indi- Toys FOR TOTS ana) Superior • The Military Law Srudents Association Court judge; Diane Tillman- - under the leadership of president Kathleen Kenney '00 of Titusville, Florida, Reed '94 J.D., along with Associate Professor Bill Kelley, a South Bend Assistant Dean Emerirus Captain William attorney; O. McLean and srudentsJohn Rosenthal ReverendD. '99 ofEI Cerrito, California, and Tom Reginald Keough '99 of Staten Island, New York - Whitt, O.P., conducted a very successful "Toys for Tots" professor of law; Charles A. campaign for Christmas 1998. As a result of their hard work and many generous dona- Walton Jr., a tions, the association collected 250 toys and local attorney three bicycles to distribute to needy families and student in in the South Bend area. the University's Master of Fine Arts program; Lynn Indiana, Titilayo Marinho '00 of Belleville, Coleman, of the South Bend Police Depart- New Jersey, and Tamara Walker '00 of BLSA MINORITY OUTREACH ment and assistant to South Bend Mayor Memphis, Tennessee. Associate Professor PROGRAM Steven Luecke; Sharon Johnson, assistant Vincent D. Rougeau presided as judge, and United States attorney for the Northern Head Research Librarian Dwight King • The NDLSBlack Law Srudents Associa- District of Indiana; Dahlia F rench, a local served as bailiff. tion, in conjunction with the University's immigration attorney; and Eugene Staples, This introductory program and the Office of Community Relations, hosted the a community leader and representative of SOLE program together form an important second annual "Minority High School Stu- the Summer Opportunities for Legal Expe- community outreach effort by NDLS students Legal Professions Opportunities Pro- rience (SOLE) program organized by the dents, supported by the Law School and the gram" on Tuesday, February 9, 1999, at the University's Office of Community Relations University, to reach out to ethnically diverse Law School. Over 100 srudents from the under the guidance of James A. Roemer high-school students with the potential to seven public high schools in South Bend '51,'55 J.D. and with the assistance of succeed, to encourage them to consider the and Mishawaka attended a two-hour pro- BLSA. many ways in which they might engage in gram at the law school that fearured a panel The mock trial fearured several BLSA law or law-related careers after college. Ac- discussion on various careers in legal educa- members in the roles of attorneys and wit- cording to the St. Joseph County (Indiana) tion moderated by BLSA president Kim- nesses including Marcus Ellison '01 of Bar Association, of the county's nearly 500 berly Hart '99 of Dallas, Texas, followed South Bend, Kimberly Hart '99 of Dallas, attorneys, only six are African-Americans by a mock trial presentation by BLSA Texas, Elton Johnson '01 of Mishawaka, - despite the fact that the population of members. the City of South Bend itself is 24 percent After a welcome African-American. Dean Link strongly byNDLSDean supports these programs in the belief that, David T. Link '58, "By exposing these bright young high- '61J .D., the srudents school students to career options early in heard presentations their education, we can inspire them to fol- on options for legal low our successful BLSA students into col- and law-related ca- lege and, hopefully, into legal careers:' reers by NDLS fac- For more information on these pro- ulty and alumni, as grams, please contact James A. Roemer '51, well as community '55 J.D., at the University's Office of leaders, including: Community Relations, (219) 631-6614, Honorable Roland or contact BLSA directly in care of the Chamblee '74, Law School. '77 J.D., St. Joseph • 38

ST U DEN T N o T E S

COMMUNITY SPIRIT

FATHER MIKE SHOW

• The Student Bar Association held the Wisconsin, kept things moving between acts Sean O'Brien '01 of Notre Dame, 12th Annual Father Mike Talent Show, its with their unique senses of humor. Indiana, provided some musical entertain- annual fund-raising effort in support of the Video performances featured prorni- ment by singing and playing the guitar and Reverend Michael D. McCafferty, C.S.c., nently in this year's event. Among the fea- harmonica to a law-school version of "I Fellowship Fund, at the Alumni-Senior tures, Shon Holyfield '99 of Roswell, Fought the Law:' As for the few actual skits, Club on Saturday, February 20, 1999. In Georgia, and Ha Kung Wong '99 of 3L men denominating themselves "The addition to ticket sales, this year's fund rais- Mundelein, Illinois, presented their last Men's Legal Forum" presented a news-style ing included a raffle for a $500 credit on a video effort as NDLS students - actually assessment of life at NDLS, a group of 2Ls BAR/BRI bar-examination preparation three videos including an A&E-style biogra- parodied "The Jerry Springer Show;' and course, won by Traci Griffith '99 ofTalla- phy of Associate Professor J ay Tidmarsh "The lL Posse" presented"A Day in the Life hassee, Florida. With a packed house, the '79, a parody of "Saving Private Ryan:' and a of a 11:' event netted $2,000 for the fellowship fund. parody of "Civil Action:' A group of 3Ls Research Librarian Lucy Salsbury This year's show, produced by Ms. produced a parody of the MTV showReal Payne '88 J.D. opened the evening by re- Griffith and Marisa Salazar '00 of San An- World" - with nine NDLS professors minding everyone of the contributions of tonio, Texas, rivaled past shows for the scar- sharing a home in Granger. And Mark Father Mike during his short time as a pro- city of true talent, but provided lots of Busby '00 of Ras Tanura, Saudi Arabia, and fessor and assistant dean in the Law School. humorous looks into life at NDLS. Emcees Kevin Peinkofer '00 of Eggertsville, New And although he is no longer with us, Jim G use '99 of Richland, Washington, and York, produced "An Introduction to the Law Father Mike's memory remains an ever- Pete Yarbro '99 of Wisconsin Rapids, School:' present part of the spirit of NDLS.

AWARDS AND HONORS

Third-year students Jessie Barrett '99 and Patrick Ryan '99 received the Charles Sweeney Scholarship for Achievement from the Board of Governors of the St. Joseph County Bar Association. Each received a $1,000 scholarship from the bar association in honor of Charles Sweeney '64 J.D. of the South Bend law firm of Sweeney, Pfeifer & Morgan. ~ J ;!!II!! t"- '1"."

NDLS students consistently exhibit strong talents Pennsylvania, Matt Gipson of Belmont, • Eight brave law students took to the apart from their scholastic and service activities. Michigan, J en Healy of Scottsdale, Arizona, boxing ring this year to participate in Bengal This year, as in the past, they have competed in Amy Iann one of Hollywood, Florida, Bours, the University's annual boxing tour- University leagues as well as in other national Margaret McCaffery of South Bend, Omar nament to benefit the Holy Cross Missions competitions and have demonstrated their Munoz of Santa Ana, California, Kerry in Bangladesh. Each endured weeks of rig- prowess in a number of athletic contests. O'Connor of Smithtown, New York, Dave orous pre-tournament training under the Pruitt of University Heights, Ohio, Chris direction of Professor Charlie Rice, and • For the second time in three years, the Robinson of Hamburg, New York, andJay represented the Law School well in the Law School's football team TortJeasors won VanHandel of Neenah, Wisconsin. tournament, with two winning their respec- both the Law School championship and the tive weight classes: Sean "The Erie Kid" University's Graduate League champion- • A number ofNDLS faculty participated Nowak '01 from Erie, Pennsylvania, by ship. Under the leadership of Student Bar in the second annual co-ed softball tourna- unanimous decision in the 163-pound divi- Association sports commissioner Omar ment in October. Although defeated by the sion; and Trent"Kid Kokomo" Sandifur '01 M uno z '99 of Santa Ana, California, the lL and 2L from Kokomo, team continued its three-year undefeated teams for the Indiana, by a split stretch in the Law School League and de- second year decision in the feated the MBA team 31-0 in the Graduate in a row, the 170-pound divi- League finals played at Notre Dame Sta- faculty team sion. In other dium. Team members included Tommy gave the LLs rournament ac- Bernardo '99 of East Greenbush, New a scare early tion, Babu "Not York,Jeremy Cole '99 of Grand Rapids, on and an Ounce of Ath- Michigan,J.e. Coury'OO of Phoenix, Ari- remained letic Ability" Kaza zona, Blake Fix '99 of Lawrence, Kansas, healthy '01 of Dover, Matt Gipson '99 of Belmont, Michigan, throughout Delaware, Brian Dan Hollman '99 of Washington, D.e., the Nestor'OO of Shon Holyfield '99 of Roswell, Georgia, competition. Spring Hill, Matt Nielson '99 of Omaha, Nebraska, Tim Back row (left to right): Dean David T. Link '58, '61 Florida, and '82, '85 Racicot '00 of Helena, Montana, and Chris • In Gradu- J.D., Associate Professor Matt Barrett J.D., Joe"The Robinson '99 of Hamburg, New York. ate League Associate Professor Pat Schiltz, Visiting Professor Tom Polish Tank" soccer ac- Nagle '68J.D., Professor Steve Smith, Associate Dean Czerniawski '01 • The 3L team continued a tradition begun tion, the Roger Jacobs. of Franklin Lakes, last year of besting the competition in the LL.M. pro- New Jersey, put second annual co-ed Law School faculty- gram fielded Front row (left to right): Bruce Welts '96 J.D., Sister forth strong student softball tournament. The members a team under Deborah Cerullo, S.S.N.D., Professor Teresa Godwin efforts in the of the Class of '99 who led their team to the direction Phelps, Research Librarian Warren Rees, Professor quarterfinals for victory included Steve B oettinger of Pitts- of Garth Alan Gunn. the 150-, 170- and burgh, Pennsylvania,Jeremy Cole of Grand Meintjes'91 175-pound divi- Rapids, Michigan, Karen Dubay of Troy, LL.M., associate director of the Center for sions respectively, but did not advance. Michigan,Joni Gallagher of Broomall, Civil and Human Rights. Named Tupac And three NDLS students made it to Amaru, after a Native American warrior the semifinal round: Phil "The Drill" who fought the Conquistadors with valor, Castrogiovanni '01 of Campbell, California, the team made it to the semifinals in the fall in the 145-pound division; BiIly"Sweet Pea" ourdoor soccer league, and made the play- McMurtrie '01 of Bethesda, Maryland, and offs in the spring indoor soccer league. Kevin Murphy '99 of Morganville, New Jersey, in the 163-pound division. • Brian Banas '01 of Sterling Heights, Michigan, placed 43rd our of 90 in the sabre Watch for updates on the Law School Bas- event at the Penn State Open, held in Uni- ketball League, Bookstore Basketball and versity Park, Pennsylvania, in November. the University of Virginia Annual Law School Softball Tournament in the next issue of this magazine.

The winning 3L softball team. • 40

News from the Legal Aid Clinic

Spring Break - Service Style

By BARBARA SZWEDA CO-DIRECTOR, NOTRE DAME LEGAL AID CLINIC DIRECTOR, NOTRE DAME IMMIGRATION CLINIC

omatter how much we tried to deny it, the natives of South Texas refu~ed to believe Nthat we were not spnng breakers" or in my case - with my greying hair - "winter Texans:' After all, it was that time of year, and South Texas was crowded with "those types:'This trip was no pleasure cruise, however. Rather, eight student-lawyers in the Notre Dame Immi- gration Clinic and I traveled south to witness first-hand what happens to immigrants entering the United States before they reach out for our help at the clinic. We decided to put our precious spring-break time and our immigration-law experience at the service of those aching for a better life in the United States. Clinic interns Susan F oxon '99 of North Smithfield, Rhode Island, Tammy Greenwald '00 of Batesville, Indiana, Danny Inquilla '99 of Berrien Springs, Michigan, Teresita Mercado '00 of Phoenix, Arizona, George Perez '00 of San Diego, California, researched and wrote two appellate briefs, Honorable David Ayala, the judge who Ming S un '99 of Fremont, California, Nita one to the Board of Immigration Appeals heard most of the immigration cases pre- Upadye '99 of Diamond Bar, California, and and the other to the Fifth Circuit.These pared by our student-lawyers, had high Ling Yang '99 of Granger, Indiana, along students spent every day of their spring praise for the hard work of our students. with our clinic interpreter Carlos Baldizon break either working in the Proyecto offices Exhausted after five days of intense and I, Hew down to Harlingen, Texas, for or in court three blocks away. work, late nights and long hours, we were the week of spring break, March 8-15. Tak- The group at ProBAR faced similar ready for a break. But even our "vacation" ing advantage of our inquiring minds and time challenges. Mr. Inquilla and Ms. time revolved around learning more about willing hands, Charles Roth '96 J.D., a Foxon spent the week in an attic office pre- the immigration process. Our tour guide, former Immigration Clinic intern, invited us paring for a Friday trial involving asylum for George, arranged for a tour of the Immigra- to work with him at Proyecto Libertad as a battered spouse from Mexico and grap- tion and Naturalization Service (INS) bor- well as with Steve Lang at ProBAR, two pro pling with this relatively new ground for der facilities and for a ride-along with the bono organizations that help arriving immi- asylum. Ms. Greenwald worked on an asy- Border Patrol, to increase our knowledge of grants solve their legal problems - lum case for a detained Cuban, and assisted how the INS functions at the border. Proyecto Libertad with all types of immi- ProBAR associate attorney Meredith Linsky At the INS, Special Operations Immi- gration problems, and Pro BAR specifically with presentations on immigration rights at gration Inspector Juan Vasquez gave us a with asylum claims. the Port Isabel Detention Center. Ms. tour of the International Bridge and showed As soon as we arrived, we received our Upadye and I traveled south across the bor- us how INS monitors those entering the assignments and went to work to respond to der to visit Cubans in Mexico who had been United States as well as how INS detains some immediate needs. At Proyecto, Mr. refused entry into the United States until and questions illegal entrants. Officer Perez and Ms. Mercado began preparing for they had their asylum application, which we Rivera, customs supervisor, then spent a few a Thursday trial involving the cancellation prepared for them, in hand. A number of us hours showing us how INS detects the ille- of removal for a Mexican woman and her also interviewed detained asylum-seekers gal importation of drugs and other contra- child. Ms. Sun represented two Honduran and assisted them with their petitions at the band with their specially trained dog squad. clients in court on Tuesday. Ms. Yang detention center. Officer Kuhen of the Department of • 41

Agriculture also demonstrated how the agency detects "actionable pests;' and described for us a number of products that cannot be imported into the United States. Our adventure with the Border Patrol occurred at dusk, the time when the border seems most porous. Supervisor Meehan explained the Border Patrol's function in detecting and detaining illegal entrants into the United States. He showed us the detention facility, explained how the agency de- cides who will be detained and who will be released, and demonstrated some of the high-tech equipment the Border Patrol uses to detect illegal entrants. We then joined Supervising Officer Pat O'Reilly for a ride- along as he patrolled the borders and stopped illegal entrants. He allowed us to talk to the illegal entrants - or "travelers" as they are called by the patrol - and question them regarding their reasons for leaving their home countries. We came back from this spring-break adventure with a better understanding of how INS works. But what we treasured most was the people we met: the attorneys who selflessly work long hours to represent those who cannot afford legal services; and the clients who trusted us with their stories, showed us life as we did not know it and the United States for 10 years because the could no longer tolerate Castro's Revolution allowed us to help them. We met a brave court found that they would not suffer an and oppression of their human rights and Mexican woman and her son who were es- "exceptional and extremely unusual hard- who desired a better life for themselves and caping from an abusive husband and father; ship" if they were forced to return; a father Cuba. Besides telling us their stories, they a mother and her three young children who and his son escaping the ravages of Hurri- allowed us to hone our legal and advocacy may be deported to Mexico after living in cane Mitch; four young Cuban men who skills, and gave us the confidence that we could be good attorneys and still "do good:' And instead of sand and tans from South Padre Island, we brought back to South Bend briefs to be written to the Board of Immigration Appeals.

The Immigration Clinic student-interns appreciate the generosity of University President Emeritus Reverend Theodore M. Hesburgh, C.S.c.; Reverend Richard Warner, C.S.c., and the Office of Campus Ministry; Reverend John Jenkins, C.S.c., and the Indiana Province of the Congregation of Holy Cross; and Dean David T. Link '58, '61 J.D. and the Notre Dame Law School. Without their support, this trip would not have been possible. • 42

IL A w s c HI o o IL

Distinguished Diversity Speakers • In October, the Environmental Law Soci- Award ety and the Federalist Society co-sponsored a talk by Gordon K. Durnil, author of THE MAKING OF A CONSERVATIVEENVIRONMEN- TALISTand Is AMERICABEYONDREFORM? Mr. Durnil served as the United States t the annual meeting chairman of the International Joint Com- of the Association of mission for over four years. He also served American Law Schools as Republican State Chairman for the State held in New Orleans in of Indiana, and on the Executive Committee JanuaryA, NDLS received a CLEO of the Republican National Committee. Diversity Award. The Council for Legal Education Opportunity • In November, Honorable Paul (CLEO) program assists deserving Niemeyer '66 J.D. of the United States members of ethnic-minority groups Court of Appeals for the Fourth Circuit traditionally underrepresented in delivered a lecture at NDLS titledTcethink- legal education by providing educa- ing Discovery:' Judge Niemeyer, who chairs tional programs to prepare them for the Advisory Committee on the Federal the rigors of law school. NDLS has long supported the CLEO program, through hosting Rules of Civil Procedure, described the ex- the preparatory program on campus and through providing significant financial support on tensive changes in discovery that his com- an annual basis. mittee has proposed, along with the future of rules concerning discovery.

• Also in November, philosopher Joseph A Celebration of Dunne of St. Patrick's College in Dublin, Scholarship Ireland, presided at a faculty colloquium on the topic of "Professional Judgment and the Predicaments of Practice:' n November 18, 1998, FEMINIST NDLS hosted a Book Parry JURISPRUDENCE • As part of the Olin Distinguished Lec- in the press box at Notre ture Series funded by the Olin Foundation Dame Stadium to honor of New York City and organized through facOulty members who had published books Jennifer S.Hendricks, a student at the the Natural Law Institute, Hadley Arkes, in the 1996-97 and 1997-98 academic years. Harvard Law School,was selected as the Ney Professor of Jurisprudence at Amherst College, delivered a lecture at NDLS in Feb- A number of faculty and deans from across winner of the NDLS FeministJurispru- the University attended as well, and learned ruary titled"On the Novelties of an Old dence EssayContest. She presented her much about the recent scholarship of our Constitution: Settled Principles and Unset- faculty. During that time period, NDLS paper,"Congressional Enforcement of tling Surprises:' Professor Arkes has faculty published 35 books or significant Women's Equality and Citizenship Under authored numerous books, including THE book segments. Research Librarian Lucy the Fourteenth Amendment" at NDLS in RETURNOF GEORGE SUTHERLAND,an intellectual biography of one of this century's Salsbury Payne '88 J.D. organized an at- November. tractive display of these works to showcase most capable Supreme Court justices, and the wide range of scholarship of our faculty. BEYONDTHE CONSTITUTION, an examination of the philosophical presuppositions of the Constitution. He has also been active in political circles helping to draft, among For monthly updates on news from the Notre Dame LawSchool, check out the "NDLS Update" on line other bills, the Defense of Marriage Act. at http://www.nd.edu/~ndlaw/NDLSUpdate/ndlsupdate.html. He contributes a regular column, Life Watch, to the monthly magazine CRISIS.

For the LawSchool calendar of events, log on to http: ••www.nd.edu/~ndlaw/calendar/nectcal.html. ADMINISTRATIVE AND • STAFF NEWS 43 • Dan Manier '87, '93 M.S., who joined the Law School last spring as director of computing services, has assumed new responsibilities as the director of technology News from the Career Services Office services at NDLS. In addition to continuing supervision over Law School computer services, Mr. Manier now has responsibilicy A Banner Year for Employment for developing and maintaining the Law School's entire technology infrastructure, including audiovisual services and the use of computer technology in the classroom. areer Services Director Lisa M. (B olanz) Patterson '96 J.D. reports outstanding Universicy Provost Nathan O. Hatch has employment statistics for the Class of 1998. The March 1999 statistics indicate named Mr. Manier to a new Teaching, that with 155 of the 159 class members (97.5 percent) reporting, 150 students Learning and Technology Roundtable, C are "placed" - that is, they have secured jobs, are pursuing advanced degrees or designed to facilitate conversation among are not actively seeking jobs - for an employment rate of 96.8 percent (150 students placed those involved in teaching, learning and out of 155 reports). She is extremely pleased with this rate, which is as high as it has been in technology at the University and to recom- recent years. mend to the provost and other campus Average starting salaries continue to climb as well, with an overall mean of $60,307, up bodies ideas to develop teaching and tech- 9 percent from last year, and an overall median of $60,000, up 3 percent from last year, for nology at Notre Dame, enabling the Uni- the 112 graduates who provided that information. Starting salaries for those in private prac- versity to position itself effectively for the tice average slightly higher, with a mean of $68,928 and a median of $67,500 for the 76 future. graduates who provided that information.

• After 18 years of dedicated service to NDLS, faculty secretary Corinne Karlin The chart below identifies the types of placements - including advanced-degree programs - retired at the end of the fall semester; and secured by the Class of 1998. Nearly two-thirds of the class chose private practice. Placements in gov- after eight years delivering the mail and a ernment positions and the military fell slightly from last year, and increased in the judicial clerkship and cheery smile all around the Law School business and industry categories. rwice each day, Brother Tom B alaz,C.S.C., Breakdown by Practice Area also retired in December. We will miss both of them, and thank them for their Advanced Degree dedicated service for so many years. Programs - 2.0% Military \' Public-Interest -27% -27% • In the Admissions Office, staff member BUSinessand \~~\, ~ ~o~ ~~kjng Mary Colglazier left in November to pur- sue other opportunities; and in the Dean's ~~~~ "~" Academic ~ '\ -20% Office, Dana Ruth left NDLS in February Government - .b _ to begin her own business. -60%

- Private Practice • New additions to the Law School staff -64.0% include Gloria Krull as faculty secretary and Wendy Noecker as a staff member in the Admissions Office. Ms. Krull joined the University in 1996 in the First-Year of The geographic spread of NDLS graduates reflects the national population from which our stu- Studies as a staff assistant to the assistant dents come.As in the past, the majority of NDLS students remain in the "East North Central" area, deans. Ms. Noecker previously worked for defined by the National Association for Law Placement (NALP) to include Illinois, Indiana, Michigan, KeyBank/Society/National Bank for six Ohio and Wisconsin. The largest jump in placements this year occurred in the Mid-Atlantic region, years, where her responsibilities included defined by NALP to include New Jersey, New York and Pennsylvania, with a corresponding decrease in data processing, electronic debits and cred- the South Atlantic, defined to include the southern coastal states. its, and customer service. Breakdown by Geographic Region • Deb Fox, acquisitions assistant on the Kresge Law Library staff, has been elected vice president of the University's Staff Ad- visory Council, which provides a forum for representatives to discuss staff concerns with University officials. Ms. Fox has served the Law School and University communities well for several years as the Law School's elected representative to the council.

• And best wishes to Lisa (B olanz) I Intemational -.7% I Patterson '96 J.D., director of career services, on her December marriage to Dave Patterson. • 44

News from Law School Relations

Legal Ethics in D.C.: From the Golden Dome to the Capitol Dome

he Lawyers Section of the • JohnH.Robinson '72 M.A., '75 FALL CLE Notre Dame Club of Washing- Ph.D., associate professor of law at NDLS, ton, D.C., together with the then discussed what makes it impossible to This fall,NDLS will again offer three programs Law School's Thomas J. White succeed in any efforts to develop an appro- II on select home-football weekends - NO vs. Center on Law and Government, organized priate regulatory scheme, including the Oklahoma (October 2, 1999),NO vs. Navy a thought-provoking continuing legal educa- interests of science, the political process, the tion program tided "Legal and Ethical Issues intentions of those who desire cloning, and (October 30, 1999) and NO vs. Boston College of Cloning;' on November 12, 1998, as the money. He noted that interactions between (November 20, 1999) weekends. Ifyou did not kick-off event to the club's slate of events for these competing interests are frustrating at receive information on last year's program but the Notre Dame vs. Navy football weekend. best, and will lead to a system where the would like to receive next year's mailing,please Doug Young '86, Don Longano '76 and fastest movers - money, then science - Nancy Zaczek'83 J.D., with the assistance determine the agenda. notify Cathy Pieronek at the Law School Relations of White Center Director Reverend John Office. H. Pearson '68, '71 M.T h. and Gina Dean David T.Link'58,'61J .D. gave Mahony'91 ofIndiana Congressman the luncheon address where he talked about ADR PROGRAMS Tim Roemer's office, coordinated a confer- Notre Dame's leadership role in such key ence that was enlightening and thought issues and hoped for further similar provoking. sessions. NDLS and the Trillium Group have scheduled two The slate of speakers included distin- more Alternative Dispute Resolution continuing guished academics and high-level policy • The afternoon panel discussion featured legal education programs focusing on negotiation makers. The morning panel discussion, those involved in policymaking including: and mediation. The four-day programs provide moderated by Father Pearson, featured: Irene S titb-C oleman from the Library of Congress, who discussed legislative issues in 24.5 hours CLE credit through the Law School, • Dr. Leroy Walters, director of the cloning and the status of current legislative and will be offered in Cleveland, Ohio, May25- Kennedy School of Ethics at Georgetown efforts; Scott Giles, a staff member of the 28, 1999,and in Phoenix, Arizona, June 8-11, University, presented the scientific perspec- US. Senate Labor and Human Resources 1999. For more information, please contact the tive of cloning. He described the jive gener- Committee, who discussed the speed of Trillium Group directly at (416) 307-0027. ally accepted reasons for cloning humans - technology advancement and the issues from a pure "commodity" perspective to a being considered currently by the Senate; solution for infertility - and noted that the and Richard D oerjli nger of the US. reason for the action affects the moral judg- Catholic Bishops Conference, who discussed ment attached to it. Although hefavors the influence of public policy on federal law. public regulation of the cloning enterprise, he prefers regulatory solutions that consider In attendance were a number of FOR MORE INFORMATION the intent behind the procedure. Notre Dame alumni, students and faculty from Catholic University of America, Ifyou need any information about Law • M. Cathleen Kaveny, associate profes- Georgetown University and George Wash- School programs or activities either on sor of law at NDLS, addressed the relation- ington University, as well as undergraduate campus or in your local area, ifyou have an ship between law and morality in the students from Notre Dame's Washington, address change, or ifyou don't know who context of cloning, asking how to translate D.C., program. All found the program in- else to call to help you with your particular the moral concerns about the science into formative and interesting. needs, please contact Cathy Pieronek, direc- appropriate laws and policies. She focused The D.C. Club and the White Center tor of Law School Relations: on the issue of human autonomy and on hope to develop a similar program for the how cloning might diminish any sense of spring of 2000. If you're interested in help- by mail 118 Law School autonomy in the person who results from ing with the arrangements, please contact Notre Dame, IN 46556 the procedure based on the expectations of Doug Young at (703) 892-5823. by phone (219) 631-6891 the person who initiates the procedure. She by fax (219) 631-4789 asserted that afocus on personal autonomy by e-rnail catherine.f.pieronek.1 @nd.edu might lead policymakers in the correct direction. • 4S

News from the Center for Civil and Human Rights

Human Rights at Home - Distinguished the Death Penalty Question Speakers - Human Rights Roundtable

he international composition of At the invitation of Senator Washing- its student body, together with ton, NDLS Dean David T. Link '58, '61 • In November, the CCHR sponsored a recent high-profile efforts to J.D. addressed the Indiana Senate commit- Human Rights Roundtable on "Implement- IIsupport the international crimi- tee, and reports that one senator changed ing the Protection of Human Rights in nal tribunals in the former Yugoslavia and in his mind and voted for abolition of Indiana's the Inter-American System" conducted Rwanda, gives the work of the Center for death penalty precisely because of the dean's by Gustavo Gallon, a member of the Civil and Human Rights (CCHR) a decid- statement. Dean Link also announced a Colombian Commission of Jurists and edly international flavor. The CCHR, how- new ecumenical effort in Indiana, to be co- currently a visiting residential fellow ever, also addresses human-rights issues in ordinated through parish churches, to op- at the University's Kellogg Institute for the United States. One recent effort in In- pose the death penalty in Indiana. Dean International Studies. diana has brought the CCHR a fair amount Link's address is also available through the of attention from local politicians and media Law School Relations Office. • The February Roundtable featured a for its work on abolishing the death penalty On the same day the Indiana Senate presentation on "Complementarity and Its - not only overseas, but close to home as committee debated the measure, Associate Discontents: States, Victims and the Inter- well. Dean Fernand N ."Tex" Dutile'65 J.D., national Criminal Court;' by Madeline In February, the Indiana State Senate Associate Professor Jay Tidmarsh '79 and Morris, professor oflaw at the Duke Uni- Committee on Corrections and Civil and LL.M. candidate Paul S imo of Cameroon, versity School of Law. Professor Morris has Criminal Procedures debated a proposal by West Africa, participated in a panel discus- authored significant works on accountabil- State Senator Cleo Washington CD-Sourh sion on campus titled "The U.S. justice Sys- iry, international humanitarian criminal Bend) urging a full legislative review of the tem:The Death Penalty in Question;' law and international criminal courts. death penalty in Indiana. Senate Bill 298 sponsored by the University's African and failed by a seven to four vote to move out of African-American Studies program and the committee to the full legislature despite Department of History. efforts by faculty and students in the CCHR to persuade lawmakers to abolish the death penalty. The CCHR:s statement is available through the Law School Relations Office.

Activities Around the World

• Kelly Askin, visiting scholar in the • Ada Verloren van Themaat'90 LL.M., CCHR, together with NDLS Professor assistant professional specialist in the Teresa Godwin P helps and LL.M. candi- CCHR, attended the 24th Ordinary Session date Sharelle Aitchinson '99 LL.M., filed of the African Commission on Human and an amicus curiae brief before the Interna- Peoples' Rights, in Banjul, Gambia, in Octo- tional Tribunal for the Former Yugoslavia ber. The CCHR is the only educational arguing, among other things, that rape- institution that has observer status at the counseling records should be afforded privi- African Commission, and this marks the lege. The tribunal accepted the brief in first time that the center has sent a repre- November. sentative to a session of the commission. Notre Dame Advocates: An Opportunity for Service

By JOHN BLAKELEY '97, '98 LL.M., PROGRAM COORDINATOR, NOTRE DAME ADVOCATES FOR HUMAN RIGHTS

ecenrly, I read about a woman Judith Robb '95 LL.M. works as one of the reasoning used in decisions from who had served as a nurse during only two attorneys with the Farm Workers Canada, the United States and the United the war in Vietnam. While home Project in the Stellenbach Rural Office in Kingdom. A simple brief explaining what l~on leave, shopping in a mall with South Africa. In an effort to prevent the our courts do and why they decide cases in a friends, the absurdity of her surroundings eviction of two farm-worker families she particular manner can be very helpful by assaulted her. She broke down in tears at sought to invoke a right to family life. Un- saving the local attorney precious time and the realization that most people seemed able to draw anything useful from the lim- money in researching and writing about oblivious to the thousands, even millions, ited materials in her office and unable to get these issues. In other cases, the forum is who at that very moment struggled to retain assistance from advocates, academics and somewhat more familiar - the U.S. federal their humanity amidst the terror of modern the Gender Commission in South Africa, court system - only with an additional warfare. she turned to Notre Dame Advocates. international dimension. I've shared very similar feelings. While Within 24 hours she received the materials Beyond direct legal research support, returning from a protest of an execution she needed to advance her arguments. Notre Dame Advocates support human- here in Indiana, I stopped for gas. Still Other cases in which Notre Dame Advo- rights work and human-rights workers in a shaken from the thought - worse, the real- cates have been actively involved include a variety of ways. Because of the nature of ity - of premeditated killing, I encountered lawyer in Malawi whose license had been their work, human-rights attorneys natu- a store clerk who greeted me with the revoked, a Liberian immigrant who has rally become targets of those in power. This cheery inquiry, "Did I need anything else," been threatened with torture and death if happened recently to Bruce Harris, director I had to wonder whether she knew that "we" deported, and Native Americans in the of Casa Alianza in Guatemala, where Nadia had just killed one of our own. Similarly, State of Washington seeking a spiritual Soundy '98 LL.M. worked as an intern. In after a trip to Haiti with the Christian easement. addition to submitting an amicus brief to the Peacemaker Teams (see Notre Dame Lawyer, At first, it might seem intimidating for Guatemalan Supreme Court regarding defa- Fall/Winter 1996) I stood in the center of a conventional attorney to get involved with mation and the freedom of expression, the student lounge at the Law School. Still cases addressing foreign and international Notre Dame Advocates followed up with processing the despair and violence I wit- law. Many might think that they have nei- letters, faxes and phone calls to government nessed in Central America, I watched in ther the time nor the expertise to assist in officials in Guatemala and the United wonder at the superficial conversations and these worthy causes. In most of these cases, States. In a similar manner, Notre Dame trivial arguments taking place all around me. however, complex issues can be separated Advocates have actively supported the extra- Could they even know ... , and simplified into less daunting projects. dition to Spain of General Pinochet (10 of Anyone who works with "the extreme" For example, in the Malawi case mentioned our graduates hail from Chile) and will be- has experienced this alienation and despera- above, the courts of Malawi regularly adopt gin a letter writing campaign to LaHore, tion. And for human rights lawyers, it Pakistan, the home of Ali Qazilbash '97 comes with the territory. The late Reverend LL.M., whose brother was murdered last Bill Lewers, C.S.c., founder and former year. director of the Center for Civil and Human THE MISSION To support these causes and more, Rights (CCHR), would have known this Notre Dame Advocates are laying the foun- feeling well. He witnessed first-hand the Notre Dame Advocates for Human Rights have many dation for a network of lawyers and a pro- gap that separated traditional law students functions. All Notre Dame lawyers are welcome to gram of support that will serve Notre from the attorneys he brought to the center join in any of the efforts listed below: Dame, its graduates and a world thirsting to explore the boundaries of civil and hu- - promoting student and alumni involvement in for justice well into the 21st century. We man rights. Yet where the cynical saw a human rights work; invite each of you to join our efforts in a way chasm, Father Bill saw a mere gap. And he - providing legal research support to attorneys that makes sense for you - whether you dreamed not only of bridging that gap, but abroad who lack the resources necessary to achieve are most comfortable with what has become developing a widespread network of attor- their goals; a specialty practice area for you, whether neys motivated to protect human rights. you embrace the challenges of new and - providing direct advocacy on human-rights issues His dream takes shape this year as the untested law, whether you have time and in national and international courts; CCHR establishes Notre Dame Advocates money to contribute, or whether you have - wridng amicus briefs in support of human-rights for Human Rights. the interest and an expertise to share. issues; Notre Dame Advocates focuses on Each input makes our network stronger. - pardcipating in on-site reporting and invesdgadve providing assistance to those attorneys - For more information contact: teams; for the most part, graduates of our LL.M. John Blakeley - serving as expert witnesses; program - who are working to secure fun- Notre Dame Advocates for - introducing innovations and sponsoring research damental human rights throughout the Human Rights world. Though these attorneys are well to expand the use of international law; Center for Civil and Human Rights equipped with intellectual and legal tools, - sharing lessons learned among a network of Notre Dame Law School their efforts are often hampered by inad- human-rights advocates; Notre Dame, IN 46556 equate resources and an overwhelming - providing on-site human-rights education; Phone: (219) 631-8555 demand for their services. - creating partnerships with similar organizations e-mail: [email protected] throughout the world; and - sponsoring an annual human-rights awards dinner at the University. • 47

News from the Order of St. Thomas More

Order of St.Thomas More Continues to Grow

OVER THE PAST YEAR, the Order of St. Thomas More continued to grow with membership reaching 354. The total consisted of 299 Notre Dame Law School graduates, 40 other Notre Dame graduates and 15 friends. Each member contributed at least $1,000 to the Law School in 1998. Patrick F. McCartan '56, '59 J.D., chair of the order, commented favorably on the results: "While I am pleased with the 12 percent increase in membership over last year, I believe we can do even better. We owe it to both current and future students to help as much as possible in funding the Law School's priorities, especially financial aid:' Following is a listing by law class year of giving to the Law School for 1998.

Number of Graduates Who Order of St.Thomas Number of Graduates Who Order of St.Thomas Graduates with Made a Gift to Percent of More Graduates with Made a Gift to Percent of More Law Class Valid Address the Law School Participation Members Law Class Valid Address the Law School Participation Members

1913 o 0% 1962 37 17 46% 1922 o 0% 1963 31 13 42% 1926 o 0% 1964 40 14 35% 8 1927 100% 1965 39 10 26% 4 1928 o 0% 1966 50 17 34% 13 1929 4 25% 1967 58 18 31% 7 1930 4 o 0% 1968 53 18 34% 6 1931 o 0% 1969 77 30 39% 10 1932 2 o 0% 1970 68 19 28% 10 1933 6 o 0% 1971 75 27 36% 9 1934 o 0% 1972 128 45 35% 19 1935 o 0% 1973 190 45 24% 10 1936 10 10% 1974 132 32 24% 6 1937 6 17% 1975 114 32 28% 17 1938 7 14% 1976 132 27 20%

1939 7 14% 1977 146 30 21% 7

1940 13 2 15% 1978 141 24 17% 8 1941 10 10% 1979 139 23 17% 9

1942 15 6 40% 1980 1943 8 2 25% 1944 12 4 33% 2 1945 6 50% 1946 6 17% 1947 14 21%

1948 35 9 26% 2 1949 43 14 33% 2 1950 36 14 39% 4 1951 67 19 28% 6 1952 40 12 30%

1953 37 10 27% 4 1954 30 7 23% 2 1955 40 10 25% 4 1956 43 6 14% 1957 39 12 31% 2

1958 27 10 37% 4 1959 32 14 44% 9

1960 27 5 19% 1961 44 12 27% • 48

News from Law School Development

Law Library Expanding International Collections

THE LAW SCHOOLS INCREASING GLOBAL OUTREACH is being addressed by Associate Dean and Director of the Kresge Law Library Roger F.Jacobs and his staff. Some 13 collections in the international area form part of a list of nearly 60 collections identified as crucial to enhanced teaching and scholarship in the Law School. The following list of endowment opportunities would enrich significantly the information resources the library can provide NDLS students and faculty in the international area. If you are interested in more information about any of these collections, including how to arrange for their funding and be recognized with a commemorative plaque in both the Hesburgh and Kresge Libraries, please contact the Law School Relations Office at (219) 631-4083.

Name of Endowment Annual Income Name of Endowment Annual Income Collection Needed Needed Collection Needed Needed

International Public Law $600,000 $30,000 International Family Law $100,000 $5,000 The rapidly growing field of international law,which concerns the law among nations, has created a With the world becoming a global village, legal problems concerning families have become matters of constantly increasing demand for legal information. This is a library priority. multinational and international law. The many international treaties and conventions on families are nationally significant areas of scholarship for Notre Dame. International Human Rights Law $400,000 $20,000 Each year, the University's Center for Civil and Human Rights in the Law School enrolls 12 to 15 Comparative Legal Systems • $70,000 $3,500 lawyers from around the world in an advanced study program, and must acquire a wide variety of Multinational legal transactions are becoming commonplace, and students must be made aware of the human-rights research materials to support its work. legal structures and essential concepts of non-common law legal systems.

International Commercial Law $200,000 $10,000 Foreign Law Journals in English $70,000 $3,500 Legal aspects of international trade activities are normal occurrences for many attorneys today. English is the international language of law,and many nations realize it is essential to make their legal Numerous and expensive titles have been published recently on GATT,NAFTA and other international concepts and theories available to all scholars, regardless of their nationality or language proficiency. commercial law developments. Today, an increasing number of law journals from non- English speaking countries are becoming available in English. Private International Law $200,000 $10,000 This area governs transnational legal affairs between nongovernmental organizations such as corpora- Asian Law $50,000 $2,500 tions and between private citizens. This specialized area of practice and research has been developing Legal aspects of commercial trade with Pacific Rim nations continue to be of significant importance to rapidly in the wake of global business activity, communication and travel. the American legal community, and the library plans to build a collection of Asian legal materials trans- lated into English as they become available. Commonwealth Law $100,000 $5,000 Materials from all common-law countries provide a wealth of information on the development of the International War Crimes Tribunals $50,000 $2,500 common law in other English·speaking countries. Scholarly monographs in individual areas of the law International tribunals are becoming the primary means of dealing with war crimes, and this is an and important law periodicals from those nations where the common-law system has taken root are important development in establishing the moral and ethical norms for military behavior. Tribunals are essential in wresding with problems in American law. in session currently to deal with the war crimes committed in Rwanda and the former Yugoslavia. Students from Notre Dame's Center for Civil and Human Rights serve regular~ as clerks to the Hispanic Law $100,000 $5,000 International War Crimes Tribunals at The Hague, and research materials in this area would further the The proximity of Central and South America to the United States dictates a shared interest on legal center's work. issues such as trade, human rights, immigration, environmental and labor law. Additionally, Notre Dame shares in the values and traditions of Latin America, making this an opportunity for collaborative Scottish Law $50,000 $2,500 programs. The Scottish legal system combines much of continental civil and Roman law traditions with some common law concepts. Scottish materials provide an interesting window into European civil law. A International Environmental Law $100,000 $5,000 small collection of Scottish treatises and primary material will form a very useful collection for com- While most nations struggle to balance environmental protection and industrial development within parative legal research. their own borders, it is also obvious that environmental pollution knows no national boundaries. This area is rapidly emerging as the logical, legal scheme for protecting the earth's environment, and is an area in which Notre Dame can engage in world-class research.