Clark Memorandum: Spring 1990 J

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Spring 1990 Clark Memorandum: Spring 1990 J. Reuben Clark Law Society

J. Reuben Clark Law School

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PISVISflHLNX XflO N I IIMEMORANDUM

CONTENTS

H ReeseDean Legal Olympians 2 Dean Kathy E. Pullins

Claude E Zobell, Jr 12 Scott W Cameron Thoughts After Fifteen Years Editors Rex E. Lee

Vincent S. Moreland Woody Deem 18 Associate Editor Colleague, Mentor, Friend 19 Charles D Cranney A Colleague Remembers Production1Copy Editor Edward L. Kimball A Student Remembers 22 Linda A. Sullivan Jim Parkinson Bruce Patrick Faculty Resolution 23 Designers

John Snyder Memoranda 24 Photo Editor1Photographer Update JonathanSkousen Faculty Notes 36 TrPograPhY Class Notes 39

Spring 1990

The Clark Memorandum is published by the J Reuben Clark Society and the J Reuben Clark Law School, Brigham Young University

1 LE GA L O1YMPIAN S

......

KATHY D. &p INS , unfol! 9 1988 Summer. Olympics ts, and friends euben Clark Lazu School

Tunmtte, me the Canadian basketball team, and He .... chaser on t . track and .field f

sonal link between an x-- -4--- --

rmed a cluS":called Athletics they would subsidize my law 01 if I continued trair heir one stipulation was that I

ross-country and track team I had was a law school there, so I enrolle in either sport. In one y n Law School. onary who was a walk-c Fkpbsidizcd my schooling while I continued to train chaser to a participant in the Olympic fi5.3 @#@&:~$my sccond year, I made the 1980 Olympic team. a second off the American record at 8:23 #$.S boycotted the games, I won the Olympic tri- &;jy American record during my second year in Was it about that time you stai-ted making defini: law school? I'd always planned on being an attorney-even whe s Wheit did your i.

in grade school. My father was a Harvard law graduate. I ~ Aft :.:.:.> uiipcc he inqtilled that in me ...... 5'...1 livinv in Eugene. si-

ILLUSTRATION BY JOLEBN HUGHPS

Did you find that combining the daily in the top 10 in the world. That’s unpar- physical training and the rigors of study in alleled in track history. And that’s been law school were almost impossible at while I’ve been going through law school times? Or were the two endeavors more and working at a law firm. compatible than an outsider might think? Law school’s really pretty easy. It’s 1 would suspect that you’ve had some peo- running that’s hard. ple help you achieve these incredible goals. I’m fortunate that Nike came in and Wait a minute! subsidized me, that I had a lot of cooper- That will go over big with a lot of law ation from those around me, and that I students. What I’m really trying to say is had Rex Lee to run with when I was in that it’s a question of balancing. I knew my third year at BYU. when I started law school and I was still After law school, my luck held out training for the Olympic games that I when I got an opportunity with the law would have to constantly remember my firm Parsons, Behle & Latimer. I worked goals. I wanted to pass my courses, and I there for about three-and-a-half years, wanted to make the Olympic team. And and they gave me time off to train I had so I didn’t have the time othcr students an arrangement where they would just did, but still I didn’t have the time for pay me by the number of hours that I training that I normally would have had worked and let me train as I saw fit So either-because law school does take a I’ve had cooperative employers and lot of time. So I cut back in some periph- school administrators throughout my eral areas of running that are a big time career that have really helped me main- drain and have marginal athletic bene- tain this longevity in competing. fits. I cut back in both areas yet completed law school in three years and inside observing several of them. In 1980 And your family has been there cheering excelled in running. we boycotted; I think 1984 was really the you on? pinnacle for me both physiologically and Definitely-although my training and Did you take the bar soon after your emotionally. The emotion in Los competing has been very difficult on the graduation ? Angeles was unbelievable for an Ameri- family. I had to have their cooperation Yes, in July 1981. That was an inter- can athlete. Korea was almost a letdown because of the unique pressures Yet I esting time in my life. I remember it dis- emotionally by comparison The Korean think that in some ways it’s helped my tinctly. I passed my courses and then people are very polite and reserved, and family a great deal. With a very flexible went off to Europe to compete. I had all they obviously didn’t cheer wildly for the work and training schedule, particularly the bar review materials with me, and Americans. I know it required a lot more since 1984, I think I’ve spent more time between my races I’d be studying for the internal motivation for our athletes to with the family than the typical law bar exam. I came back, took and passed excel there. graduate could who starts working long the bar exam, and then went back over Personally, I had a lot of motivation hours at a law firm I would work only 20 to Europe for the World Cup in Rome- since I knew that this would be the last or 30 hours a week, train, and then all this in the summer of 1981. competition of my career. I wanted to go spend the evenings at home out on a positive note. I think I did that. And then? I ran the fastest semifinal and final back- Tell me of your cutrent professional I started working for Parsons, Behle to-back races that I’d ever run in my life, involvements. & Latimer in Salt Lake City. 8% and 8:14 (the last time being one of I work for the Franklin Institute. I the fastest times I’ve run in my life). A came on as director of the corporate- How did your family life fit into all this? week before the games, I ran the second wellness division I teach time-manage- I got married right after I completed sub four-minute mile of my life. My fin- ment seminars to major corporations my undergraduate degree, and we had ish was the fastest sixth-place time in throughout the country. our first child between my first and sec- history. So, I feel that I went out strong. ond year of law school. So I had time I didn’t win a medal but I fought hard Your career today would be classijied as an pressures that I had to be continually until the end of my career, and I finished alternative to the traditional practice of balancing. my last year as the number-one Ameri- law. How does your legal training fit in? can steeplechaser. I find that my legal background has I understand that 1988’s competition was Obviously the Olympics have been a meant a lot to me in many ways, even your grand finale Could you share with us big part of my life. I’m one of only three though I may never formally work in a your reflections about the 1988 Olympics American male runners who have made law firm again. In my current profession, and those that preceded it? four Olympic teams, so I’m really proud if I have to draw up a contract I know I think I have a unique perspective of of my longevity record. During that time, how to do it. And so I think I’ll always the Olympics since I’ve been on the every year for the past 13 years, I’ve been use my legal background.

4 One main benefit of legal training has Were you in college during this time? And to be credibility. Someone who’s a mem- did you play basketball there? ber of the bar has instant credibility that Yes, I was attending the University of opens doors for them. For instance, I Henry Marsh Calgary, where I received my under- started out on the legislative committee graduate degree I was a guard on the of the Olympic committee because of my university team, and we were always legal background. Currently, for the competitive in the Canadian University U.S. Olympic Committee, I’m president League of the Athletes Advisory Council, and I’m on the executive board and the What did you do between the 1984 and the administrative committee. I’ve done a 1988 Olympics? lot of work with the Utah amateur effort Because of my Olympic dream I had in the summer and winter games, and I put off my mission until the 1984 Olym- serve on the governor’s task force work- pics Denver drafted me and I went ing to bring the winter Olympic games to down and tried out, making it to the Utah. I feel that most of these oppor- final cuts before they released me They tunities have been direct results of my encouraged me to go to Europe and to legal background. come back and try out again I told them that I’d think about it, but I went back Any concluding thoughts? home and dccidcd to go on my mission In thinking about the correlation It seemed like the perfect time between the legal profession and running and athletics, I would have to con- Where did you serve your mission? clude that there are some interesting In the California Arcadia Mission I parallels. The type of person who wants didn’t play basketball at all while I was to become an attorney is usually one but I did make what they call the “B” on my mission, but I did run and I also who is methodical and analytical Those team. They kept 18 players and 12 of shot a few early morning baskets. same traits are applicable to athletic those were on the “A’ team and the training and competing. other six of us went to tournaments with How did you get involved with the Olympic the bottom half of the “A’team. team again? It was in 1982 that I made the “A’ About the time my mission was end- KARL TILLEMAN team as the 12th man. In 1983 I moved ing, I received a phone call from Coach up and played a more important role on Donahue inviting me to come back the team, and in 1984 I wound up being When did your connection with your Olym- sixth man I came right off the bench How dificult was it getting back in the pic sport begin? early in the games. swing? e Even in grade school, I loved playing Somewhat difficult. I came right back basketball. I was born in Ogden, Utah, Can you play on the team if you are not a and went on a couple of trips with the where I caught the Mormon fever for Canadian citizen? team over to China and Korea I wasn’t basketball. When we moved to Wiscon- I have dual citizenship. The US. law in condition to play, but at least I was sin, it was a big sport there, too. But now states that an adult can’t apply for respectable. when I was 12 our family moved to Can- Canadian citizenship and retain U.S cit- ada. At first I was distraught because I izenship. The original law assumed that When did your w$e, Holly, enter the didn’t think that they played much bas- all countries had their age of adulthood picture? ketball there Fortunately, I was wrong. set at 21, but in Canada it’s 18, so the We met before my mission and corre- law didn’t cover it. I went to the sponded while I was away. After I So when did you start thinking about trying U.S. Consulate General in Canada, and returned we planned to get married out for the Olympic team? she said that there wouldn’t be a prob- within a year. That’s about the time I When I was in high school, I saw the lem, so I went ahead with the applica- decided to apply for law school. My Canadians play the Americans in the tion. They subsequently changed the law future father-in-law had told me that if I Montreal Olympics in 1976, and I star- I was fortunate that it all worked out wanted to marry his daughter, I needed ted to dream about playing with the because I really wanted to try out for the to have a future. I don’t think that he Canadian Olympic team. Canadian team. considered a future in basketball to be enough. How did you make that dream a reality? How did your team do in the 1984 I didn’t waste much time. I simply Olympics ? And so you applied to law schools. phoned the coach of the team, Jack We finished fourth and just missed Yes-that was 1986. Also my plans to Donahue, and asked if I could try out winning the bronze medal by three get married in a year turned into a six- My first year I got cut from the “A’ team, points in a loss to Yugoslavia. month plan. Holly was attending BYU, so

I moved down here and worked full-time I understand that you went full-time your at the MTC during the spring and winter first year, but with the Olympics going well of 1987. That summer I traveled with the into the fall 1988 semester you needed to Canadian national program to the World Kart Tilleman make some arrangements with the school Student Games in Yugoslavia and to the When we received our training Pan American Games. schedule for the Summer Olympics, I realized that our trial camp was smack Were you wondering how to fit law school dab in the middle of my winter-semester into this busy schedule? exams. I phoned my coach and asked if I was so busy that I didn’t have much there was any way we could work around time to think about law school. I got my exam schedule. He told me that he back and started school about a week didn’t see one because he couldn’t let late. I walked into this building and me be a member of the team without everyone was on page 150 in criminal trying out. law-and I hadn’t even started reading Next I went and discussed my predic- in any of my classes. I didn’t have any of ament with Deans Hansen, Fleming, the orientation and didn’t even know and Zobell. They were very helpful. I what a library quiz was. Not having any had to get permission from each of my idea what was going on, I was just blown professors to take the exams at times right out of the water. other than those scheduled. The deans and the professors arranged to give me But you seem to have managed. the same amount of time the other stu- I just jumped into my classes. I didn’t dents had had before their exams. play any basketball for my first month-at law school. I didn’t even look at a gym. I What was your mkd Olympics and law was just going full speed in my classes. school exams schedule? My brother had graduated from this law I took my civil procedure and con- school, and so he helped me out with the tracts exams, got on a plane and flew to pressures. He talked me through it all Canada for the tryouts. After a week and was a calming influence. I just took them one at a time I felt and a half, they gave us a week off before fortunate that I was a part of good study training started. That was the week that When you were able to begin training groups; I felt prepared. I tried to apply I came down and took my property and again, what was your schedule? the same basic philosophy that I do in torts exams. A tough couple of weeks. Before I left Canada, my coach gave athletics: you have one opportunity; Exams and the team required so much me a training program. As I mentioned, sometimes you fail and sometimes you intensity, and they were both very impor- I didn’t follow it for the first six weeks win, but you should always give it your tant to me. that I was back at school. In November I best shot. I had thought that maybe I could started worrying that I needed to be study during the trials, but I wasn’t able ready to play over the Christmas break Was the trip to Holland a nice break for to. It was a 10-hour-a-day ordeal, and I when the team traveled to Holland At you? was physically and mentally exhausted. that point, I began going down to the It was. It was a tournament with Aus- Richards Building and training. tralia, Canada, Germany, Israel, and two Obviously the tiyouts went well for you It was a tough time for me, and I or three Dutch teams I’ve always Yes, I made the team, and then we found the physical workouts a good enjoyed traveling and playing in these had a big round-robin qualification tour- release for the depression and anxiety I exhibition games, but I also decided to nament at the end of May in South struggled with at times. Ironically, I spend as much time there on school America. Only three teams from North probably could have benefited from that work as I could. After my slow start the and South America can qualify to go to kind of outlet earlier in the semester. On first semester, I was determined to do the Olympics. top of everything else, our first child was everything I could to be on top of things due sometime in November. My wife when school started again in January. Did Canada have any difficulty qualifying went to Canada early in the month, and So, I took a casebook and a hornbook this year? then I flew up to join her over the for property and torts with me and read I don’t remember it as easy. The cru- Thanksgiving holidays. We just prayed about 150 pages in each, That extra cial game was against Uruguay in that the baby would cooperate and be study was very helpful. I got a handle on Uruguay. They had beaten us previously, born during that four-day period. He did some concepts and that allowed me to so we had our work cut out for us- and was born on November 21 concentrate on some others I was having though I felt that we were a more tal- trouble with. I was determined that I ented team. In their gym the spectators And then you returned to face your first was going to be able to smile during that get out of control. They throw coins at round offinals How were they? next semester. you and jump the referees if they don’t

7 like a call. I kept telling the police in ably several years later than most players Spanish to help us out. When the final do. Because of the late start, I knew game was over and we had won, we had from the beginning that I had to put to grab our warm-up jackets, put them Karl Tilleman extra time and cffort into my game. I over our heads and race to the tunnel! concentrated so much on it that I became consumed with playing And I Did you get a chance to play quite a bit really learned to love the game during those qualifying rounds? It’s exciting when something you Yes, I did, though I don’t think I enjoy gives you opportunities beyond played my best during that tournament. what you would expect. I know that because of basketball I had options in Was your entire summer devoted to training college and certainly with the Olympic for the Olympics or did you mix in some team that I couldn’t have had otherwise law? I feel very fortunate My training schedule was consuming, but we did come down to Provo for a When did you start to think about trying month in June, and I did some research out for the Olympic team? for Professor Backman I wound up play- I first saw the Canadian team play ing in the Utah Summer Games during when I was in the 10th or 11th grade, and that time. I think I needed that slowed- I remember being incredibly motivated down pace to recharge a bit After that to put cverything I had into being good month, until the Olympics, my training enough to play at that level. Though I was like a full-timc job We trained in think the Olympics became a goal of Calgary for a couple of weeks and then mine then, I had a hard time visualizing made another trip over to China and The city, my team . everything was mysclf competing there. Korea to get used to the conditions a good experience for me I was relaxed I did feel that if I put all my efforts After that we trained in eastcrn Canada and performed well and that meant a into it I could make the national tcam, and then went down to New York City in grcat deal to me After being in the but I knew the timing had to be just right August and played against some profes- Olympics once before, I wanted to play and I had to be ready to be a part of the sional summer-league teams. We wound well and win But I knew that despite the Olympics If I peaked and was the best up in Vancouver for about a week and a final score, life would go on that I could be in 1986, it wouldn’t do me half and then left for Seoul on Septem- much good if my goal was to play in the ber 10. What are your plans now, Karl? Is there 1988 games another Olympics in your fiiture? As I think about the timing, I’m even What were your initial impressions of the I don’t think so I think it’s time to more convinced that the difference Olympics? stop traveling so much and concentrate between being an Olympic athlete and I would say that participating in the on my family and the law. When you’re not being one is very subtle. If a kid has Olympics is the most exciting thing that an Olympic athlete in law school with a a bad day when the coaches are there to can happen to an amateur athlete. All family, it has to be a family team effort I see him play, that could be the end of it. the great athletes in the world are there, really appreciate Holly, and she deservcs So you have to be ready to perform at a and it seems like the whole focus of the to have me stick around and earn our peak repeatedly I think that the secret world is there. It was very exciting. living to distinguishing yourself from other good players is to put more effort into Did yoii receive a warm reception from the How do you think your athletic training practice and to strive for excellence con- people? will enhance your ability to study andprac- sistently every day. Yes, the Korean people werc really tice law? great to us. One of the most enjoyable I’ve learned about setting goals, com- And, as you applied that kind of effort, times was when several LDS athletes mitting mysclf to those goals, and then things began to fall into place. spoke at a regional fircside for the seeing them through to completion. My Yes As a couple of ycars went by I Korean Young Adults training has taught me about discipline, could see that I was getting closer to my The chapel was packed full of mis- resilience, and perseverance. I hope now dream; I got a little bit hungry-I could sionaries and young adults The stake I can apply what I’ve learned to the law start to taste the payoff that could come president was translating our talks for because of my efforts. us, and it was intriguing to watch the During my last year in high school I delayed reaction as our message came DAVID TURCOTTE made it on Canada’s national team. across From then on, I feel that I was very fortunate. Most players have to wait until Any memories in particular that stand out When did yoii begin playing basketball? the latter part of thcir college careers to for you? *I started playing in ninth grade, prob- earn an Olympic tryout, but I was only

18 when I got a shot at it. The rest of the lenging him and making him play harder, players were 24 or 25 years of age and and I loved the fact that he was a most of them had already been through national team player who had a phenom- one Olympics. D av id Turco t te enal reputation and was taking the time to make me a better player by challeng- What year was that? ing me. That was 1985. As I look back, I remember it being a little awkward. I Did you keep in touch with Karl after that was definitely the rookie, which meant I initial meeting? got the privilege of carrying as many of Not really. He went on and played in the equipment bags through airports as I the 1984 Olympics, and I didn’t see him could manage. for two years while he was on his mis- But 1 was close enough to my goal of sion. We had a reunion of sorts when, in playing in the Olympics that the dream 1986, we were paired up as roommates at wasn’t as intimidating to me as it had the initial training camp. We had no been when I was younger. There were trouble remembering each other and hit still three years to go but I could focus it off right away Since we were together on the reality of it. 24 hours a day, it could have been a difficult situation if Karl hadn’t been such a I would imagine that those three years went terrific person He is probably the best by quickly. friend I have in the world today. They went by so fast that I don’t even know if they existed! I played basketball where did you attend college?And why did year-round those three years: three you select that school? months of the year for the national team Colorado State University. Since Col- and the rest of the time for my college orado is so far away from my home, I’m team. I never had a summer job; I never sure that it was the recruiting efforts had a vacation. that got me there I was recruited by several big, top-20 schools. Colorado State Did you ever get tired of the game during wasn’t as prestigious as some of them, those years ? but I went to Colorado State with the Amazingly, I didn’t, probably because understanding that I could pick the I love the game so much. Playing is rec- And one of ymr teammates was Karl Tille- courses I wanted to take and graduate reation for me but it’s also something man. Did you first meet him after you on time in four years. that I’ve had specific goals for. My made the team? motivation is different from that of some No, we had met a couple of years ear- These factors were important because of players; I never played because of social lier. It’s kind of a funny story. Karl and I your Olympic timetable? or financial pressures. I play because I are identical when it comes to our Absolutely. When I talked with the love to play. intense competitiveness, and we found schools, I always brought it up, I wanted that out on our first encounter. When I to study business to get a diverse back- After the initial adjustment, how did you was in the 12th grade, my next to last ground, and I was told by some of the get along with your teammates? year of high school, I was invited to come schools that I could not take classes if Very well. The twelve of us were a to a national camp to meet the players they were going to interrupt my athletic mixed group. We came from different and to work out with the team a little bit. schedule. In other words, I couldn’t reg- economic and cultural backgrounds and Karl was there, and the first thing I said ister for any classes between 10 a.m. and our association with one another to him wasn’t “Hello” but, “Do you want 1 p+m,Some required that classes would enriched us all. The common denornina- to play a little one-on-one?” have to be before 8 a.m. or after 5 p.m. tors of the group were skill, talent, and discipline. It’s unique to be counted And what were the results of that matchup? And Colorado State was willing to work among the top twelve players in an Karl beat me decisively in the first with you? entire nation, game and then, in the second game, I They were terrific. They made it pos- We had a team that was very cohe- think he relaxed a little and I came out sible for me to achieve all my athletic sive; we liked being together and, as a on top. He didn’t handle that too well, so goals and all my academic goals. I ended result, I think we played better I’m glad we played a third game to break the tie. up with a double major in economics we did enjoy each other’s company; and business management. My coach because for three solid months out of Interesting way to get to know someone there, Boyd Grant, was always straight every year, we lived together, ate No doubt. I think we both really with me. He told me that he expected together, practiced together, and played enjoyed the encounter. Karl liked the me to do my share and that they would together. fact that I was a young kid that was chal- help me do what I wanted to do.

10 As you look back on your college career, Are you able to combine the rigors of law what are some memories that stand out? school with your training schedule? I had a phenomenal college career; I I think so. Yet sometimes I do get had more fun than I think any person David Turcotte nervous about what I’ve taken on. I feel deserves to have! I had great academic like I’m living a dual life. I want to do success, in part because I enjoyed the well in my classes so that I don’t limit my courses that I was taking. I had excellent opportunities while I’m in school and instructors in the classroom and in the after I graduate. gym. My diverse experiences at Colo- One price I’ve had to pay to keep rado State considerably helped me everything in motion is that I have to develop personally. function on less sleep. I simply run out The best thing that happened to me of hours in the day because of classes, while I was in college was that I met my studying, and three to four hours of wife, Joanie. She has a business degree training. I can only hope that I’m spend- from CSU and is from Denver. We dated ing quality time on my studies and that while we were both i-n school and then the physical exercise allows me to come got married in March. back to the casebooks refreshed.

How has she adjusted to the fast track that Wth these challenges in mind, have you yoit have selected, athletically and started to formulate a game plan for law academically? school? She keeps busy herself, working, and I’m working on putting one together; she’s thinking about pursuing a master’s and, in the process, I’m finding all kinds degree She’s also an artist. The hardest of parallels with physical training. I part for us has been the travel that I believe that you need to set a series of have to do as part of training with the intermediate, smaller goals to help you Olympic team. During the summer, I’m While attending school at Colorado arrive at major one. One minor goal I gone for six weeks with no visits on State, I learned to love this part of the have is to always be prepared for class. If weekends. In spite of some of these country I love the mountains; this area I do this, I find the whole process to be demands, though, Joanie is supportive is ideal for outdoor training. less intimidating. I also try to concen- because she can see the benefits for us in So I really made up my own mind to trate on my efforts rather than worrying the long run. come here. In fact, I wanted to surprise about what my classmates are doing. I Karl that I had made this choice. When can only control what I’m doing, so I try When did you first decide that you would he asked me which law schools I was to keep my focus there. Karl also helps go to law school? applying to, I told him that I was looking me by encouraging me to avoid the dis- It’s funny; somehow, I always felt that at University of Utah, Colorado Univer- tractions and dead ends that can be very I should be a lawyer Maybe it was sity, University of Denver, Cornell, Yale, time consuming. because when I was in high school trying BYU, University of Toronto, and York I also try to remember that proper to persuade my teachers to adopt my University of Canada We seemed pacing is essential. Law school is a three- point of view, they would comment, “Boy, pleased that BYU was one option, but I year process; I can’t burn out in the first Dave, you ought to be a lawyer.” could tell he wanted it to be my decision. semester and expect to succeed. I’ve got But what attracted me most to this to be committed and disciplined day in profession was my observation of law- What made you select BYU over the other and day out. I’m new to this setting so yers. They seemed to be among the ones schools in the West? I’ll have to let you know how my plan who were making a difference in the After checking around, I decided works out. world. I don’t think that I could ever be that BYU was the best law school in the satisfied in a profession if I didn’t believe West. It has high academic qualifications And after law school? that I was involved in accomplishing and great facilities Probably most I’ll graduate in April 1992, partici- things that matter. important to me was that BYU has a pate in the Olympics, and then study for reputation for turning out graduates the bar exam. I know that this kind of W%enyou started applying to law schools, that are top-rate in terms of their ethics approach won’t be easy, but I anticipate did Karl persuade you to look closely at I’m not LDS, but I subscribe to the pro- combining both law and athletics BYU? fessional standards that I knew would be throughout my life. Yes and no. I was glad that Karl taught here. So, when I thought about would be here for one year because he is all the factors most important to me, I What about the 1996 Olympics? a good friend and he’s someone that can could see that BYU had all of the ingre- If my hometown, Toronto, gets the steer me clear of some problems. How- dients- academically, personally, and bid for ’96, I couldn’t resist giving it a ever, I was already convinced that I geographically; so it was the logical shot. I might be too old then for that should go to law school in the West choice. level of competition, but I’d have to try.

f a A F TER YEA S

REX E. LEE

On October. 7,1988, the BYU Law School Alumni Association held its first

dinner in Salt Lake City. Rex E. Lee, the founding dean of the Law School and current

president of Brigham Young University, was the honored guest and featured speaker.

really doesn’t seem like 15 years. In some ways the first class to those who graduated just last April- it seems longer, because for most of us the is about the same as the average age that Bruce Hafen, (D period from 1973 to 1988 has been one in which Dale Whitman, Keith Rooker, and Gerry Williams so much has happened For me, it has been a time when were when we started the school. And one final I have had the experiences of dean, professor, assistant perspective is this: We have now admitted, in the attorney general, solicitor general, father, grandfather, entering class of 1988, the child of one of our own and cancer victim. And in those 15 years, I’ve argued graduates. Her name is Cay Lynn Carr Reed, whose 45 cases in the United States Supreme Court father, Chuck Carr, was a member of our charter class. If you will reflect back on your experience, it has I would like to consider with you this evening three also been a time of many important events and phases of the J. Reuben Clark Law School’s progress: memories as you have built your careers and families first a look at the past, then an assessment of the Law and have begun to move into the highly productive and School today, and then finally, just a brief word about satisfying middle phase of your professional life. what the future may hold. For most of us, therefore, these have literally The first part is, in a sense, the most pleasant, been the best years of our lives. Because much has because you will find that when you get old, you enjoy happened, it may seem Iike more than 15 years. reminiscing. If you’ve already started enjoying it, And yet in other ways it seems like a short time maybe that tells you something about your age. since that memorable August 27,1973, when we all met The starting point, of course, was not that day we together in the Jesse Knight Building. Let me help you first met in the Jesse Knight Building. It began two put it in perspective Could I see by show of hands how years earlier My first real exposure came when many of you are 36 years or older? That means that President Ernest L WiIkinson visited me in Phoenix, you are now as old or older than I was when I was where I was practicing; told me about the plans for the appointed the dean of this Law School. 1’11 give you new school; and explained that he was traveling around another one. The average age of our graduates-from the country getting the views of some Mormon lawyers CLARK MEMORANDUM in different parts of the country. He also told me that I exhilaration as I realized that for the first and only might be interviewed by a search committee that had time two of my three major interests in life-my been set up to pick the first dean, and that interview Church and my profession-would directly coalesce. soon took place. And I was part of it! It was an interesting committee. President Marion There was much to be done-a new building to G. Romney was the chairman, and the members were design, arrangements to be made for a temporary Elder Boyd K. Packer; Elder Marion D. Hanks; Neal A. building, an initial public relations effort to launch with Maxwell (in his then capacity as commissioner of members of the bar, other schools, and the rest of Church Education); my friend Dallin Oaks, who had BYU. There was a raging debate about whether the just been named president of BYU; and Ernest exterior material on our new building would be the Wilkinson I was really very pleased that such an beautiful cast stone that you see there now, or the yellow brick that is on so many other buildings on campus But if you put all those issues together on a worry scale of ten, they would all add up to a collective four or five. There was one item that, all by itself, measured a constant 10 during that entire first eight months-the faculty. Everything hinged on the kind of people making up the team on that opening day. They would be important not only for that year; they would also affect the quality of faculty and students we would have for years to come. They were the key to our success. I was particularly concerned about getting some experienced academics. In the first place, we needed some people around who knew how a law school was supposed to work, and I certainly couldn’t supply that. And again, if we were going to be accepted within the law school world, we needed to have some people the law school world would recognize. There was a raging debate about whether the exterior Obviously, people of the quality we wanted who of the new building would be cast stone or brick. would be willing to run the risk of leaving their exiting Fortunately, the cast stone won. teaching positions and throw their lot in with an unaccredited and unproved school at BYU would be members of the LDS Church. And it was at this point impressive group would want to interview me, but I that I discovered a sobering-even terrifying-reality. I didn’t have much to say because I knew nothing about listed all LDS law professors who were teaching at starting a new law school (or even maintaining an decent law schools and had the kinds of qualifications existing one). I thought the idea of a law school at BYU we wanted This will surprise you, and it certainly did was an exciting idea, but a bad one. I remember only me, but in those days there were only about 15 people I two specific things that 1 told the search committee. could even put on that list. I aIso had another list of First, there was an expectation among Church names I knew quite a bit better; they were highly members that the school would become a forum for competent practitioners who I thought would make right-wing ideology-and that must be avoided-and, good teachers. But I also knew that if we were going to second, the dean should come from the ranks of succeed we had to attract a critical mass from that very established law professors. The second observation, skimpy universe of existing LDS law professors. incidentally, came in the context of my comments about President Oaks kept assuring me that everything my friend Terry Crapo. I told them I thought that he was going to be all right. I remember so well his had one of the finest Iegal minds in the Church, and standard line: We all knew that the Law School didn’t President Romney asked if they should make him the make sense from a rational standpoint, that the Lord dean. I told them unequivocally no. It was important had decided there would be a Law School here, and that the founding dean know something about how to that the Lord wasn’t going to let us fail. Deep down I run a law school (which a practitioner would not), and could follow his reasoning, but I kept asking Dallin and it was also important that the dean be someone other the Lord, why, if that were so, did the months keep legal educators would recognize. going by, and I couldn’t hire anyone but Bruce Hafen They took me instead of my advice. and myself? Everywhere I went, people kept asking me, That first eight months, from about October 1971 “Who else do you have?” It was a perfectly logical through June 1972, was without any doubt the most question, because a most important consideration for a stressful and anxiety-laden period of my life. It was law professor is who his or her colleagues are going to exciting, and it was heady, There was a thread of be. And all I could say was, “Well, if you come, there

14 CLARK MEMORANDUM will be you and me.” For some reason, that didn’t seem The quality of the first class was number two on my to persuade very many. My friend WilIard Pedrick, who priority list during those early months. The quality of had been the first dean at the Arizona State University our first students would not have as lasting an impact Law School in Tempe where I was living at the time, as the quality of our first faculty, but I concluded that it told me that the most influential single development in would last for several years Moreover, the members of the pre-opening days of their school was Professor Ed the first class were necessarily taking more of a risk Cleary’s commitment to join them, and that my most than any future classes, and, consequently, during the important task was to get just one faculty member of school year 1972-73 Bruce and I spent a large share of national stature. our time recruiting our charter class. Frankly, money About March 1972 1 had a personal confirmation of helped. We developed some very fine speeches about what President Oaks had been telling me. I still hadn’t sharing the one-time experience of creating something hired anyone. I had all kinds of people who were not on really significant, but 1 will tell you that once the my list who were very anxious to be hired, and I university committed some scholarship money to us, we concluded even if it meant that Bruce Hafen and I started talking to an entirely different group of people. would have to do all the teaching ourselves for that first But money wasn’t the whole story. You did take a risk. year, I wasn’t going to compromise our standards. But I You were participants in the creation, as were all those was really getting nervous. While I was still talking to earlier classes. And I think it fair to say that your risk some good people, no one had told me yes, and I had paid off. been trying for months. I was sitting in fast and The single event I remember most prominently testimony meeting in Tempe one day that spring, with about recruiting that first class was a special reception my insides churning over what was going to happen, that we held in the Wilkinson Center in January 1973. when an inner peace came over my soul, and left me We had assembled all the members of the faculty for with two impressions-one general and one more our first faculty meetings, which we held in the canyon, specific. The general impression was that Dallin was and then after that two-day session, we held a special right: Just be patient and everything would turn out reception for the students. The room was full of okay. More specifically, I had the impression that Car anticipation and good feelings, and we took full Hawkins was going to be involved. I didn’t credit the advantage of both. Carl Hawkins gave a short talk, and more specific impression very much, because it just in his low sonorous tones he simply assured everyone didn’t make sense. I had talked to Carl three times, that this really was going to be a legitimate law school; twice in Michigan and once in Provo. Each time he was that the faculty was going to be populated with some of helpful and encouraging in a general way, but he made the profession’s best; and that students should not it clear that we shouldn’t count on him. And though he hesitate to come and join us, as he and others had, in was too gracious to explain the details, they were this exciting new endeavor. You could feel the anxieties obvious to me, He was a full professor at one of the melting away. And they were replaced by relief. nation’s most prestigious schools; his family was settled; and he was serving as a stake president. I was not above trying whatever would work. Three times I asked President Romney to make just one exception to the Church’s usual policy and break the ice by calling just one person to serve on our faculty. I even did the work for him. I gave him the name, Carl Hawkins, and I wrote out what he was supposed to say. Three times he gently reminded me that we don’t do things that way. By May 1972 things began to happen quickly. I think I remember Carl as the first to accept, but he and Ed Kimball both came on board about the same time. And once he and others began to say yes, that gave us the momentum we needed. The nightmare was over, never to be repeated. By late fall 1972 we had not only the nine people we needed for our first-year faculty, but also a three-man head start toward the increment for the second year. The nine who made up that original faculty were Ed Kimball, Keith Rooker, Dale On May 1, 1973, administration and Church officials Whitrnan, Gerry Williams, Woody Deem, Carl gathered for ground-breaking ceremonies. The Hawkins, Bruce Hafen, Dave Lloyd, and the barefoot building was completed in 1975. boy from St. Johns. The additional three for the second year were Monroe McKay, Dale KimbaII, and Doug Parker.

15 CLARK MEMORANDUM

Throughout that initial student recruitment, I was ought to be done when a new law school is brought into conscious of some other advice from my friend Willard existence. Recruiters come from all over the country, Pedrick. He told me that one of the unfortunate facts and I do not know any major city in which we do not about life is that every new law school has to have a have some of our graduates with major firms. We have first class. The only way to deal with that, he said, was an excellent reputation with the most discriminating just to get rid of them as soon as you could, and then law-graduate employers, the federal judges. And I fumigate the building. There were times during those doubt whether any other school in history has had five days down at St. Francis that I thought I caught United State Supreme Court law clerks out of its first glimpses of what he was talking about, but generally 13 graduating classes. our experience was the opposite. I have never felt In short, I feel good about where we are. What closer to any class than I have that first one. about where we are going? In 1971, when the Law So much for 15 years ago. What about the BYU Law School’s creation was first announced, my reaction, School of 1988? My first observation is that it was a and that of most knowledgeable, objective outside good law school 15 years ago, and it is still a good law observers was that it was not a good idea. The reasons school today. Those two facts are not unrelated. In were very practical You couldn’t get enough good large respects, the quality of the school today was faculty members nor enough good students to have a influenced by the quality of the faculty and students good law school at BYU. You wonder what I worried of 15 years ago. about from November 1971 through June 1972? The But there are some differences. Some of that young image that kept coming back to haunt me was of an faculty of yesteryear are now the veterans, and we have opening day late in August 1973 where about 20 some outstanding new people, including two of our own students were being taught by Bruce Hafen and me graduates. Two of our very best, Terry Crapo and The overriding questions in those days was: Since the practical, objective problems are so real, what is the Law School’s purpose? There was a group of people who were anxious to supply an answer to that question. They felt that a law school at BYU, bearing the name of J. Reuben Clark, would right all the wrongs that had been inflicted upon the Constitution since the 1803 Marbury v. Madison decision. And if that sounds like too humble an objective, this group had all the right answers to what the Constitution really meant and was counting on us to carry them out And when I say the “right answers,” I use that word in two different senses. We were to become, in short, the academically legitimate spokespersons for one narrow, ideological point of view. The effort to put us into this mold, had it succeeded, would have deprived us of any serious stature and credibility in the academic and professional world at large. But it was a very serious effort, pursued on more than one front, and dealing President Spencer W. Kimball, Chief Justice Warren E with it consumed a substantial amount of our resources Burger, and Justice Lewis Powell attended the for several years after the school opened its doors. September 5, 1975, dedication ceremonies But that’s just a historical footnote. It was a very real problem, but it is now behind us. If our purpose was not to become the university-based legal voice for Woody Deem, are no longer with us. We’ve also lost one ideological point of view, then what was it? And for some of our students and graduates: Glen Gritts, Tom that matter, what is it? Certainly the question is no less Echohawk, Gregg Alford, David Sylvester, Michelle relevant today than it was 17 years ago. There was no Neilsen, Max Jensen, Danny Phillips, and Peter official statement of mission or purpose for the Law Christensen. School when it was created, and none has been issued I suppose the largest single difference I detect is a since. I have always felt that the only effect of such a recognition that the Law School is legitimate and statement would be limiting. probably here to stay. Our students no longer worry Yet surely there has to be a purpose And every one about whether we are really teaching law so that they of us who has been involved in this school-whether in can practice once they graduate The delicate problems 1971 or 1981 or 1988-has been convinced that there is a of accreditation that occupied such a large share of our purpose. Otherwise, why would people leave the very resources for most of a decade are behind us. And attractive positions that they had and come and join beyond accreditation, we are accepted by the law school this effort? And part of the advantage of not having a world, and frequently used as an example of how it formally stated purpose (besides the fact that no one

16 CLARK MEMORANDUM was really sure what it was) is that everyone involved was free to formulate his or her views. So what is the mission of this Law School? I’m not sure. But I’m convinced of two things. The first is that it is multifaceted and probably can’t be reduced to a few words, or even a single sentence. The second is that the amalgam of values that constitute the mission of this Law School will become more apparent to us over the years. I’ve always felt that way. In the early days, I used to respond to the frequent questions about the school’s mission by saying, “Come back in 10 years and we’ll see.” One of our students solemnly announced to some of his friends and family that the mission of the school had been revealed to me, but that I’d been sworn to secrecy for 10 years. What I really meant, of course, and what I still believe, is that the value of this institution-and therefore its mission-becomes more apparent as we see what has come from it. In very general terms, there has been a benefit to The Church of Jesus Christ of Latter- day Saints from having what is almost a generation of lawyers trained by some of the nation’s best law teachers in a setting that not only accepts the legitimacy of restored truth, but affirmatively believes in it To At the building dedication, President Marion G Romney date, we have turned out about 1,800 graduates who said that af BYU students could “obtain a knowledge of have been educated in that singular environment. the laws of man in light of the laws of God.” Helaman had his 2,000 stripling warriors; we have almost reached that. That kind of infusion into the ranks of Church leadership throughout the world has to one for which the world at large has no counterpart have had, in my humble opinion, a positive effect. Turn- I think there are some apt comparisons between that ing to more specific considerations, the addition of a law conventional Mormon concept of “mission” and the school of our quality has upgraded the university, both mission of our Law School We’re here to teach and in the intellectual dimension that it has added to the learn law just like any other school. And there can be university’s on-going activities, and also in the influence no compromising of the objective. If we don’t do that that its graduates have had as they have penetrated well, nothing else will matter much. But there is also a every major bar association in the country. I am also plus factor at work here. We are just a little different conceited enough to think that through our graduates from other schools. we have added materially to leadership within the We are doing more than just turning out good law- Church, within our communities, and certainly within yers. And it is in that “more” element that the mission the professional and business world. There’s a tempta- of the Law School is to be found. What are its precise tion in this regard to point to a few very visible exam- contours? I’m not sure that question should ever be pre- ples such as the owners of a steel mill, some law cisely answered. Because one of our great strengths is in professors, a mission president, some judges, and some each of us supplying our own detailed answers. high officials in federal and state governments. That is not a task for the faculty alone. In the accom- But the story really isn’t told by a dozen or so indi- plishment of that task you are like Helaman’s stripling viduals. The impact has been both broad and deep. And warriors, and we need you. We need you in so many perhaps most important has been the effect the school ways. We need your help in recruitment and placement. has had on individuals. This school occupies a very large We need your help as public relations spokesmen. We share of the total package of things that I consider need your help in seeing to it that among the present important, and that is also true for many hundreds of generation and future generations of law students, the people. memory and the ideals of people like Woody Deem and The word “mission” has a special meaning for most Terry Crapo will live on. people who have attended this school. In my mind it In short, this is not and never has been J Reuben conjures up very specific memories, most of them pleas- Clark‘s Law School, nor Bruce Hafen’s Law School, nor ant. It refers to a segment of our lives in which we gave Carl Hawkins’ and Ed Kimball’s and Gerry Williams’ of ourselves in larger measure than at any other time, Law School. Each of us is an equal shareholder, and in and because we were willing to give, there were corre- our hands we hold the responsibility of seeing to it that sponding benefits to us. And this two-year experience to the next 15 years-and the next and the next in which we attach the label “mission” is perpetuity-will be just as good as the first 15.

17 codvDeem Colleague, Mentor, Friend

EDITOR’S NOTE: Woody Deem was one of six charter faculty members of the J. Reuben Clark Law School. His decision to come to BYU meant the end of a successful career as prosecuting attorney for Ventura County, California, where he had also developed a widespread reputation for training exceptional trial lawyers. At the Law School he used those same training techniques to mold students. From the first day of hisJirst-year criminal law course, Professor Deem required students not just to be prepared to recite the cases for the day but also to present them in proper courtroom style. To reinforce the learning experience, Woody’s classes were videotaped. Each student who had recited during the day’s lecture met with Woody that afternoon for a frank critique. Although this experience was uniformly considered by luw students to be the most frightening of their law school careers, they also considered it to be most beneficial in developing the lawyering skills. + Woody’s zeal for the law, and for teaching the law, agected not only those who were fortunate enough to be his students, but his faculty colleagues as well. A few months before his death, the J. Reuben Clark Law Society and the faculty of the J. Reuben Clark Law School established the Woody Deem Professorship in Law The fund-raising efforts for the professorship were augmented by an anonymous donation that matched other gifts up to $150,000. Alumni and friends rallied to support this effort and set a record for any single fund- raising project at the Law School. + To honor Woody’s memory we provide here two tributes. The first, by Professor Edward Kimball, who with Woody was a charter member of the Law School faculty, reflects the feelings of Woody’s Law School colleagues. The second, by Jim Parkinson, a member of the Law School’s charter class, was delivered at the first annual Law School ulumni dinner held October 1988 in Salt Lake City. Norrie Deem, Woody’s wqe, traveled from St. George to attend the dinneK Besides expressing his feelings about Woody Deem, Jim informed Norrie of the depth of aflection that law students had for her husband.

A COLLEAGUE REMEMBERS I the Salt Palace convention centerjsports arena now stands as an unknowing memorial, Woodruff Jams by Professor Edward Kimball Deem brought a sunny disposition into a cold world, OR the first 15 years Woody Deem was my closest His grandfather insisted that his first grandson be IF professional associate. We both came to Brigham named after Latter-day Saint Church President Wilford Young University the first year the law school opened Woodruff. But the boy was always “Woody.” its doors, and we jointly taught a course in criminal He lived most of his early life in North Ogden, trial practice every semester after that first year until Utah, the eldest of 10 children in a poor family. Of his his retirement due to illness in 1983-In a sense he school experience, Woody wrote: continues to teach with me, as many things I teach in My first grade teacher made me want to be an the course are his ideas. I even play for students tape attorney. When I was a discipline problem she kept me recordings of some Woody Deem anecdotes, because after school and lectured me that to get satisfaction out the stories themselves are great and because I want of life I must do things for others instead of getting successive waves of law students to know at least a attention only for myself. When she told me I could be little about one of the great law teachers. another Abraham Lincoln, 1 made up my mind that 1 Born December 19,1913, in Salt Lake City where wanted to be a lawyer. CLARK ME ORANDUM

~~ ~ Woody spent two years at Weber College in Utah prospect of fighting with Chinese guerilla troops and then two years at Occidental College in California, behind Japanese lines. However, the war ended before where his family had moved. When he graduated in he finished his training. 1936, in the midst of the Depression, there were no Out of the service in 1946 and back in jobs so he took his Phi Beta Kappa key and went into Washington, D.C., Woody returned to the National the Civilian Conservation Corps. After a year a local Association of Manufacturers for a while and in church leader helped him get a patronage job in January of 1947 he joined the law firm of Ernest Washington, D.C., as a member of the United States Wilkinson, who was later to become president of BYU. Capitol police force, where he worked the four-to- For two years he helped Wilkinson directly in Indian midnight shift and attended Georgetown Law School claims litigation that lasted for many years, ultimately during the day. resulting in an unprecedented recovery of damages Woody had heard that Georgetown, a Jesuit school, totaling tens of millions. would not give Mormons fair treatment, so in At an LDS Church meeting in Washington, D.C., in characteristic fashion he asked Father Lucey point September 1946, Woody heard pretty red-haired Norrie blank whether a Mormon student would be at a Dolvin speak on the subject of love. Her face looked disadvantage. Father Lucey pointed out that several familiar. He had first seen her as he came into San recent top graduates at Georgetown were Mormons, Francisco harbor from duty in the Pacific. Her picture and Woody proved him right by graduating at the top was to be seen three stories high on Telegraph Hill on a of his class in 1940. During his last year in law school, Marine recruiting billboard that said: “Be a Marine, he worked as a law clerk for a congressional committee Free a Marine for Combat.” After seeing her face and then for the Reconstruction Finance Corporation, again and again on posters, he finally met this Marine where he continued as a staff lawyer after he was sergeant, who was serving as secretary to the Marine admitted to the bar. The next year he moved to the Commandant. Their friends correctly thought they legal staff of the National Association of would make a good couple, both (as he said) “over age Manufacturers. Then the army drafted him. in grade.” He started out as an army buck private in January When they flew to Salt Lake City in February 1947 1943 and trained as a machine gunner at Camp to be married in the temple there, Woody telegraphed Roberts. He was then shipped to Numea, New a friend, “Am marrying a Marine sergeant. Meet me in Caledonia, the staging area for the invasion of SL airport.” When Woody and Norrie arrived, his Bougainville. Men were sent out every few days, but friend nearly collapsed when a burly male Marine week after week Woody’s name was left off the list. sergeant in uniform happened to step off the plane just Finally he confronted the clerk, who admitted, “The ahead of Woody. general we’re sending troops to said, ‘If you ever send In 1949 Woody decided that the 18-hour days he was me a buck private college graduate I’ll kill him. They putting in with Ernest Wilkinson were good experience are nothing but trouble, stirring up discontent among but he couldn’t take it for life. He and Norrie decided the troops.”’ After several months of waiting around to move to California, and Woody got a job in the Woody said to the clerk, “Ship me somewhere else- district attorney’s office in Ventura County, where he anywhere!” The clerk explained, “But that would soon became chief criminal prosecutor. After five years require us to explain why you’re still here, and we can’t an opportunity arose to be a part-time justice of the do that.” peace in Ojai and also engage in private practice. A Finally Woody asked a law school friend who was a year later he found himself working 18-hour days again judge advocate in the area to help him. As a result and looked for a change. This time Woody went to Woody was shipped to the New Hebrides. When he Hawaii as part of the original faculty of the Church arrived, to Woody’s surprise, his new commander said, College of Hawaii (CCH) in Laie Norrie and the “Boy, am I happy to see you!” But after some children thought it would be a great adventure. conversation Woody understood what had happened For two years at CCH (later BYU-Hawaii Campus) when the commander said, disappointedly, “You’re not Woody taught English, Mandarin Chinese, speech, and a statistician, are you?” The commander, in order to drama. (He had been in a lot of amateur plays growing requisition another “statistician” transferred Woody up in North Ogden.) It was a great life for the parents, again. The next commander on Banika was surprised but Woody and Norrie finally concluded that the family that his “traffic engineer” was a lawyer. But then the would be better off back in California. In 1957 Woody provost marshal saw Woody’s file and got him a T3 wrote to the district attorney in Ventura and was rating and a job as an investigator. After a while on offered his old job back. Banika, Woody applied for Officer Candidate School In 1962 he was appointed to replace the district and was accepted. New second lieutenants had a short attorney, and he was elected and reelected to that life expectancy, but he was willing to do anything to gel position unopposed until he resigned in 1973. He was off Banika. known statewide as an unusually able trial attorney After OCS, instead of combat duty Woody was sent with a flair for the dramatic. He had the kind of to Chinese language school at Berkeley, with the courtroom presence that allowed him to leap up on

20 CLARK MEMORANDUM counsel table to demonstrate a stabbing without lawyer for whom Woody had worked early in his career, seeming affected. He was known as a tough but fair appealed to hirn to come help with the creation of the prosecutor. He served as president of the statewide new school. It would mean giving up a satisfying career, prosecutor association and involved himself in some retirement benefits he had built up in California, numerous law reform projects. a marvelous home with a swimming pool, acres of While he was D.A. his office achieved a nearly grounds, a horse, and balmy weather-and he was not incredible 98 percent conviction rate. When a young much interested. But he did accept an invitation to give attorney asked if the rate was due to plea bargaining, a talk at BYU. While he was there Dallin Oaks, the new Woody frowned and said, with hyperbole, “Boy, in this president who had just succeeded WiIkinson, also urged office we don’t negotiate, we litigate.” hirn to join the law faculty that was being formed. A consummate advocate himself, he was also Woody said, “I think I had better stay where I am. I’ve remarkably effective as a trainer of deputies. He often got a winning shop of 25 competent lawyers and a got the best new law graduates because of the training wonderful place to live.” As Woody was finishing his he offered. New deputies met during lunch hours for talk, a secretary slipped a note on the lecturn, indicated months to learn the skills they would need in court. that Marion G. Romney, the Second Counselor to the They dreaded, but valued, the days when the D.A. President of the LDS Church, would like to meet with would sit in the courtroom while they tried cases, him. In that meeting Mr. Romney said, “Tell me about filling his yellow pad with notations-”suit wrinkled, this good life you have in California.” He also said, “We colored shirt, slurs address to jury, meaningless hand are not making calls to professors for the new law movement, echoes witness answers.” But it wasn’t only school, but we do want to make you aware of the new attorneys he trained. He also offered in-depth opportunity. I would like you to go back to California critiques of the performances of experienced deputies. and make two lists, one list of reasons you should stay in Many of the best trial attorneys in the area were California and another list of reasons you should come trained by Woody Deem. to BYU.” Woody did and decided to move once more. While these professional activities were going on, In Provo the Deems bought a home just a few Woody and Norrie achieved recognition for their hundred yards from the law school, across the street family. After seven years without children they began from a park, and the ten Deems filled it with people, adopting through the Children’s Home Society and activity, and love. ended up with eight, more than any other couple in Woody’s long experience in criminal law led him to Southern California. After the Deems adopted Paul in teach courses at BYU concentrated in that area-always 1953, the agency was quick to arrange the adoption of substantive criminal law, criminal procedure, and Barbara, so that Paul would not have to be an only criminal trial practice, and in spring term sometimes child. When they applied for a third child they were post-conviction remedies or juvenile justice. told to go away, but persistence brought them Noi Lani. One of his innovations at BYU was the videotaping When mothers giving up their children specified that of students in their first-year classes as they would they wished their babies to be reared in the LDS present cases and respond to questions. Despite the Church, the Deems were prime candidates. Through enormous commitment of time required, Woody would the years, David, Laura, John, Maria, and finally review each student’s performance in his office after Matthew joined the family. The agency then said it class. The evaluation of these performances became would no longer accept applications from them. Of part of the course grade. The upper-class criminal trial Woody, Norrie once said, “Before we married I practice course was also his idea, and he recruited me watched him in church. He had every lady’s baby on his to join him in developing and teaching it. In that course lap and surrounded himself with children. He seemed each student performs approximately 25 times on to have an aura about him that calmed babies and videotape during the semester, each time being children. He was always that way.” The Deems were reviewed by a faculty member or a teaching assistant. I appreciated by more children than just their own. think no other such course in the country approaches When they would run a flag up the pole in their yard that amount of on-camera, individually reviewed time. the neighborhood children knew that they were Woody also developed his own teaching materials in welcome to come swim in the Deem pool. Criminal Law and Criminal Procedure. He was the one The family was always active in the LDS Church, member of the faculty who most strongly fostered and with both parents serving in many capacities. Woody best exemplified the forensic skills an effective trial served as bishop of the Ojai Ward for four years and in lawyer needs. Law enforcement and prosecutor groups the Santa Barbara Stake presidency for nine years. He called on him often as a lecturer. taught many youth classes and for six years he was Woody had other interests. He was coauthor of scoutmaster. He loved the outdoors and his scouts Ernest Wilkinson’s biography, and in retirement he looked forward to a 32-mile survival hike in the desert pursued work on a biography of the great Ute Indian and a 50-mile hike in the mountains nearly every year. Chief Ouray, though he was unable to complete that When a new law school was planned at BYU, its project before his death. president, Ernest Wilkinson, the former Washington As the bishop of a ward organized specifically for

21 CLARK MEMORANDUM unmarried young adults, he was capable, concerned, overwhelming response to solicitations for donations and loving-the same characteristics he showed in the to honor Woody. We now have commitments of Law School and at home. over $75,000. No faculty member was more eager to help student In the last 12 years there have been numerous find employment. He made phone calls, wrote letters, solicitations for money for the Law School. Some of even conducted interviews on videotape to send to them have been successful, and others of them have prospective employers of his students. He was a great not been quite as successful. But, Sister Deem, when I booster of individuals and institutions and ideas in tell you that we have raised $75,000-that eclipses by which he had confidence. triple any single fund-raising effort of the Law School Woody enjoyed playing the role of straight man to has ever done before. That result is not a tribute to others’ comedy, allowing himself to be teased for his Bruce Hafen’s fund-raising ability; it is not a tribute to interest in health foods and for his crime-fighter imag mine; it is a tribute to your husband, who was our but the twinkle in his eye let everyone know who was professor. Woody Deem added something to the Law really in charge. Fierce eyebrows shaded his eyes. He School that no other person in the legal community looked tough, but underneath there beat a marsh- could have. Woody Deem was a father, grandfather, mallow heart. husband, Church leader, valedictorian of his law school I remember what may have been the last time he class, attorney in private practice, prosecutor in was introduced to the entering class. The faculty sat ii Ventura County with a 98 percent conviction rate, and the front row, back to the students. When Woody’s professor of law at BYU. name was called he stood, turned very deliberately to I remember him best as teacher. Woody Deem cared face the students, scowled menacingly, and sat down. 1 about what the students learned. He cared about how was pure Woody Deem. we thought. He cared about how we stood up and Woody was 17 years older than I, with much more presented ourselves, how we spoke, how we dressed, experience in practice, but he never condescended. HI how we gestured. And if we didn’t do it right, Woody treated me as his equal, as I believe he did everyone. would take as much time as necessary to correct us. He was a hardworking, effective teacher in the law I intentionally asked to be the only person on the school and with law enforcement and prosecutor grou professorship fund-raising committee from the class of but I never saw a touch of vanity. I greatly admire and 1976. I wanted to call all of my classmates individually, desire the traits of character he exemplified. and I wanted to talk to them about Woody Deem. Over Woody had Parkinson’s disease. He talked about the last two months I have contacted 60 of them. Every retiring. I said, “Woody, you’ll always teach here. Whe classmate expressed not only a willingness to contrib- you’re gone we’ll have you stuffed and play recordings ute, but they all had a story they wanted to share with of your lectures.” One day in the fall of 1983 his docto me about Woody and why they felt good about him- said, “You’ve taught your last class,” and I finished his many incidents underscoring his “all criminals are classes that semester. In some sense I am a poor stupid” philosophy. I’ll never forget the story he told recording of many of his ideas. There will never be about the criminals down in Southern California-how another quite like him, and we who have known the they might commit their first felony in Ventura county, one and only Woody Deem will never be quite the but for the second one they go over to L.A. same. BYU Law School has honored his name by Dean Hafen and I have been working together for creating the Woodruff J. Deem Professorship. Whoevc the last year or so on different projects for the Law takes that seat becomes heir to a great tradition. School. He called me up one afternoon and said, “Jim, I think we have what we have been looking for. We are Reprinted from Brigham Young University Law Review, going to have an endowed professorship in honor of Volume 1989. Number 1. Woody Deem. How do you think the students will react to that?” I was taken back by the emotions that flooded into my mind as I thought about Woody’s great contributions that have made the Law School what A STUDENT REMEMBERS it is today I remember the sacrifices that Woody and his family by Jim Parkinson made. Woody Deem had a successful career in Ventura N the fall of 1973, 150 students and six faculty County; he had a home; he had a team of 25 lawyers 1members met at the St. Francis of Assisi School, ar working for him. He gave up retirement benefits to the J. Reuben Clark Law School began. Among those come to BYU. And why? Because Woody Deem wanted six pioneering professors was Woody Deem. Tonight to give. He wanted to share his talents; he wanted to we officially announce the Woody Deem endowed instruct; he wanted us on videotapes. (I get the feeling professorship. An anonymous donor has pledged up that he is going to critique this tonight.) He wanted to to $150,000 of matching funds for everything that we and had so much to give. I am so thankful that Bruce raise as an alumni group. Tonight when I talked to Hafen called me and said, “Now all of you who came to Reese Hansen, he informed me that we have had an BYU to take, take from great men like Woody Deem,

22 CLARK MEMORANDUM have a vehicle to give back.” School came as a most pleasant surprise It is dificult When I called those 60 people in my class, I started for me to put my enthusiasm into words. I am extremely the conversation with, “Do you remember Woody honored to have my name connected with this valuable Deem?” And then I said, “Woody is dying.” I told them endowment. There is no end to its far-reaching benefits. that in October we were going to have a banquet, and it Even law students not yet born will be able to benefit was our hope and prayer that Woody would be with us, from its existence. We would like to have you keep in because those of us who learned from him, those of us touch if there is anything we can do to help in this who sat with the videotapes learning to become trial regard. Norrie is compiling a list of a few attorney lawyers, wanted to honor him. And everybody was friends in California and Hawaii as well as Utah who thrilled. may be able to spread the word even if they can’t con- Early in September I learned that Woody Deem had tribute large amounts of money. It is most gratifying to passed away, and he would not be with us here tonight. be honored by one’s peers for contributions made in life. It broke my heart. I think it is a tragedy that people Thanks again, you have made my day, my year, and who give so much to so many are not recognized and my decade. appreciated publicly during their lifetimes. As ever, Woody Deem passed away, but his influence did not Woody pass with him. When I start a trial, and when I answer “ready,” when I select a jury through voir dire, when I Woody was gratified to be honored by his peers. For take witnesses on direct and cross, and when I argue me, Woody Deem has no peers. Tonight I would just my case and give rebuttal, the principles of Woody like to tell you that people all over the country, and in Deem-not just what he taught me about technique particular Southern California, are raising money to but what he taught me about the spirit of trial honor your husband, Norrie. The Honorable John advocacy-rise with me. Sister Deem, it is this Hunter has done tremendous work for us in Southern generation of lawyers that your husband trained. California. We have committee members all over the And we love him for it. country. And we just hope in this small way you can Before Woody Deem passed away, he learned what feel what we felt about your husband. we were doing for him. He wrote a letter dated April As I close, let me simply say, God bless Woody 26,1988, to Dean Bruce Hafen. Deem, and God bless all of you.

Dear Bruce From a tribute delivered at the First Annual Law Your letter of April 11 announcing the creation of the School Alumni Dinner in Salt Lake City, Utah, Woody J. Deem Professorship in Law at the BYU Law October 7, 1988.

To express appreciation for the outpouring of support of the Woody Deem and Terry Crapo professorships by alumni of the Law School, the faculty passed unanimously the following resolution of February 16, 2989. Resolution Whereas, the endowed professorships previously authorized by the faculty of the Law School in honor of Woodruff J. Deem and Terry L. Crapo have been approved by Brigham Young University and enthusiastically accepted by the alumni and friends of the J. Reuben Clark Law School: and

~htl‘taS,the alumni of the Law School have pledged and contributed to both professorships within the last few months with an outpouring of support and generosity that exceeds any alumni drive we have experienced in the Law School’s history: and

Nhereas, the leaders and committees of the entire alumni organization and within each graduating class have been especially diligent and effective in achieving this unprecedented success;

&W, Therefore, the faculty of the Law School does hereby unanimously and with great appreciation commend all of the Law School’s alumni and alumni leaders, in recognition of their remarkable response to our request for assistance in funding new professorships honoring our deceased colleagues, Woody Deem and Terry Crapo.

23 MEMORANDA

Law School Rex E. Lee answer. President Lee said positions for a provost and Founding Dean Rex E. Lee the responsibility of choos- a vice-president for devel- Administration has remained a constant ing individuals to help opment and university rela- Changes As Lee/ force in the shaping of the usher BYU into the decade tions There was also some Hafen Take the Law School, and that trea- of the 1990s has been his redistribution of respon- sured influence is not lost most important challenge. sibilities among the former University Helm completely with his new He stated that “my success three vice-president posi- position. Now the Law as your president over the tions. The changes and he Law School has School must learn to share next few years will depend reassignments do not recently experienced President Rex Lee with an on having the right organi- reflect a dissatisfaction with a rapid, extensive even larger group than zation and the right people the prior administration shift of people and posi- before. In a recent talk to fill the appropriate posi- but are a response to the tions. There is a new delivered to the BYU fac- tions ” His organizational developing and evolving dean, Reese Hansen, a new ulty and staff, Rex offered method can be found in character of BYU as an associate dean, Constance some insight into the Jethro’s advice to Moses institution. President Lee Lundberg, and two new changes being president of about establishing order in sees a need for a provost, assistant deans, Scott Cam- the university has created exilic Israel. The outline is for two individuals eron and Hal Visick. The in his life and some contri- simple. There should be with university-wide founding dean, Rex E. Lee, butions he wishes to make leaders of thousands, hun- responsibility. has crossed the “bridge” to to the university. dreds, fifties, and tens. The Rex’s response to the the other side of campus, President Lee found the vice-presidents, deans, fac- question, “Why a provost?” with the Law School’s for- best method for conveying ulty, and departmental is that he did not find the mer dean, Bruce C. Hafen, his views was a question heads are those leaders. metaphors of “being to become the president and answer format. He The Lee administration chewed up by the job” or and provost of the univer- posed the question and has made two major struc- “going under in a sea of sity, respectively. then offered an illuminative tural changes, creating detail” appealing. He heard

24 MEMO ANDA those metaphors frequently note, the new president is new job. He gives it the “as other good universities do during his conversations often asked about what he interesting and attractive a not do, and this is where with knowledgeable people. has had to give up to be job as I have ever had” rat- BYU’s unique mission falls. Lee feared that one individ- president. Despite the ing. Considering his varied The key to understand- ual being swamped with demands and constraints career, that is not a bad ing the diagram is realizing details would crowd out the his new job imposes, Rex rating. that BYU can only achieve attention needed for long- will still be making appear- In summing up his views its mission with the blue range issues and plans. He ances before the United of the university’s future, and green areas firmly anticipates that sharing States Supreme Court. The Rex made it apparent that melded into one. The fac- those responsibilities with arrangement with his for- the quest for excellence ulty’s continued quality Bruce Hafen will have a mer firm is that “they will begun by the preceding teaching is essential. Also, synergistic and positive write the briefs and I will administration will not be the integration of gospel effect. On his selection of do some of the oral argu- hindered, halted, or ham- principles in teaching is not

Bruce as provost, Rex comments ” There are many pered It is his desire to see the responsibility of the mented that “I picked him, lawyers who would love BYU continue that quest people in the Joseph Smith very simply, because he is such an arrangement and achieve new and Building alone And thc Bruce Hafen, and all of his Calming fears that this remarkable heights. He standard of technical or experience, his understand- avocation will detract from cautions that the only brake scholarly competence can- ing of undergraduate and his presidential duties, Rex on BYU’s ascent will be if not be allowed to merely graduate education and the said, “[Plreparing for oral some lose sight of BYU’s coast. Rex quoted his favor- stature he enjoys with the arguments will be for me unique mission. ite philosopher, his son Board of Trustees, led me the most enjoyable possible To illustrate his point Michael, “Any time you to the conclusion that these use of my leisure time, and Rex resorted to his famous want to start coasting, just strengths far outweigh the that is where the time will circles diagram Two cir- remember that the only fact that he and I share the come from. The most cles, one blue circle repre- direction anyone has ever same academic home base.” appropriate analogy is this: senting all of BYU and one coasted is downhill.” Rex felt it was important If I were a violin player, I yellow circle representing Firm in his belief that to discuss the other new would surely not stop play- all that other good univer- the complexity of the uni- position, vice-president of ing the violin once I sities do, are partially over- verse itself can be explained development and university became your president. lapped. The resulting green in circles, Rex was content relations. The issues that And if once or twice a year area is what BYU has in to leave his circle diagram led to the creation of the I was told that by spending common with other good and move to the challenges position are relevant to the a few Saturdays and cvc- universities, that is, intel- ahead. He will concentrate Law School community, nings practicing a particu- lectual excellence and a on cultivating an cxcellent too. Rex explains, “The cre- lar concerto instead of play- superb program that edu- faculty. Over the next ten ation of this position repre- ing golf or tennis I could cates students and prepares years, approximately 33 sents some matters of judg- perform at Carnegie Hall, 1 them for graduate and pro- percent of the faculty will ment that are important to would surely do so.” fessional schools and retire, assuming retirement all of us. With a dynam- President Lee also employment. In this green at age 65. Those faculty ically expanding Church responded to queries about area, while BYU is good, it members must be replaced and with most of the new his health He is in good can do better. President with people just as good or members coming from physical health. He admits Lee contemplates no real better Rex views the fac- parts of the world where that his measuring rod for barrier to our becoming ulty as the university. So, the need for funds signifi- health may be different the best the selection of faculty in cantly exceeds tithing and from most people. But by BYU’s uniqueness is in the coming decade will other contributions, it is any standard his health is the yellow and blue areas, determine the quality of obvious that if we are to very good. He still makes where BYU has nothing in university there will be for continue and augment the quarterly cancer check common with other schools years to come, Decisions on momentum that we now visits back East and The yellow represents what faculty will shape BYU’s have and become a ‘great remarks that his energy other good universities do character, values, what will church university,’ we must level is not what it was two that BYU has consciously be taught and how, and the find additional resources.” years ago, but then he has chosen not to do-things school’s reputation. In addi- Church support will not given up running in the not essential to any good tion, Rex wanted to disappear, but with addi- Olympics anyway. His emo- university. Other univer- acknowledge the support tional funds for the univer- tional health is excellent. sities do them because staff of the university and sity and Law School, the This excellence is attributa- there is no particular incen- the non-LDS members of Church will be able to meet ble to his wonderful family, tive not to. On the other the faculty. The whole its many other demands. the renewed zest for living, hand, the blue area repre- organization is required to On a more personal and the fact he likes his sents what BYU does that produce the magic that is MEMORANDA

BYU. Each individual con- :he vice-presidents. Provost administration when he Accordingly, the entire tribntion is valuable and Hafen shares with Presi- returns to a nonadministra- BYU community needs to helpful in accomplishing lent Lee the general tive position. strive to go beyond the req- that effect. responsibility for the While reflecting on his uisite level of technical and In a wide appeal to fac- smooth operation and con- experience as dean, Provost educational competence. ulty, staff, administration, stant progress of the univer- Hafen was impressed with This “we can do the job” students, and alumni, Pres- sity as a whole. Bruce finds the sense of commitment to ability is the first level of ident Lee concluded, “A his role more prominent the Law School from its responsibility. great future lies before us. I within the BYU community alumni and friends. The The second concern is am not talking about 10 than outside it. commitment is not just a that once the world does years from now. I am talk- In a way, the shared feeling of gratitude, but it is take BYU seriously it ing about right now. Will responsibility and team- also a desire to be a part of becomes critical that we you join hands with me as work between Rex and an evolving institution by not let our moral standards we take this, our university, Bruce is reminiscent of the returning value for value deteriorate or slip. This into the decade of the 90s, early days of the Law received. “The Law School moral component is a large the gateway to the 21st cen- School. Then they were as an institution becomes a part of BYU’s intangible tury? We will do it just as it stepping into shoes they reflection of its constitu- something that is in some has always been done, the had never tried on before ency,” remarked Bruce ways worth more than mere old-fashioned way, by work- and figuring out ways to Hafen. “I have been fortu- technical skill alone. As ing, living and doing, at make a new institution nate to witness the Law BYU’s ethical reputation this, the college that we work. Now he has moved to School and its constituency and pronounced religious love.” the university level, Bruce grow in maturity and attain character become more feels he is still learning new national worth in the legal widely recognized, every components of the univer- community.” member of the BYU com- sity every day. One chal- He observed that certain munity will be challenged lenge he faces is rapidly foundations of American to maintain his or her high gaining an accurate and society have been shaken level of moral courage and useful perspective of the and destabilized by the ethical fortitude. university’s multitude oper- events of the past two Shifting to the more per- ations. Other challenges decades There is reduced sonal impact of the new include setting the wheels commitment to family, pro- position, Provost Hafen of the new administration fession, civic duties, and noted how a provost’s work running-two of the three religious values As a result diet is purely administra- vice-presidents are just as of this shifting and shaking, tive, whereas while dean he new to their assignments as BYU, because of its could achieve a balance of the provost-and explain- unwavering stand on a vari- teaching, research and writing why the university ety of social questions, has ing, and administrative needs two lawyers in its first become more respected in duties. Although he retains and second spots. the eyes of the world. his position on the Law Bruce C. Hafen Bruce is still perplexed Others are beginning to School faculty, it will not be Former Dean Bruce C. by the situation in which he seek out that intangible possible now or in the near Hafen is excited, eager, and finds himself. He first ques- something that BYU pos- future for him to be provost cautious about his new tioned the need for BYU to sesses. Consequently, Bruce and teach. Bruce will miss position as provost of the have a provost, and if there has two concerns: (1) that the opportunity to teach at university. Apart from hav- was a true need, he did not the world will not take the Law School; it provided ing to continually answer consider himself the one to BYU and its institutions valuable student contact the question “What is a fill it. He was very comfort- seriously or (2) that the and the sense of helping to provost?” Bruce is busy able at the Law School and world will take BYU shape exemplary lives. learning about the varied was satisfied with his life seriously. While it is exciting to and complex aspects of the when the request for a On two levels BYU and see members of the Law job. A provost is not, con- change altered that serene its students, faculty, and School continue and trary to popular belief, a life-style. He is a firm alumni shoulder a heavy advance in their careers, it position peculiar to univer- believer in the principle of responsibility If BYU is not is also with reluctance that sities located in Provo. Nor rotation among leadership. taken seriously it is because Bruce gives up the close is a provost another vice- He can see that this new we haven’t achieved a nec- associations of the past. president of the university. opportunity will add scope essary standard of profes- We, as a Law School com- Rather a provost coordi- and breadth to his experi- sional and technical compe- munity, wish Bruce and nates the activities, duties, ence and improve his abili- tence. Such a failure is inex- Rex success in their new and responsibilities of all ties to teach and work with cusable for any university. endeavors.

26 MEMORANDA

those of the past. Overall, the deanship has brought positive challenges and a new vigor to Reese. And he still attempts to get his daily running in.

Constance Lundberg With her appointment as associate dean, Constance Lundberg adds another facet to her varied and col- orful career. An immediate change that she has noticed is that the workload has increased. She also has less control of her schedule, because she feels it is important to maintain an open-door policy. On certain days the door to Cons- tance’s office is revolving. The structured environment she maintained as a professor is gone. The time she sets aside to accomplish “need-to-get-done’’ tasks is 5 to 9 a.m. The seemingly hectic aspect of the job is what Constance likes best, how- H. Reese Hansen tration than he had as asso- H. Reese Hansen ever. The variety and thrill In a conversation with the ciate dean. The realization of not knowing for sure Clark Memorandum, of how the Law School fits attention: (1) procuring what is coming next is what Dean H. Reese Hansen into and coordinates with additional professorships, a gives the “kick” for her She expressed enthusiasm and the rest of the university key to maintaining faculty finds that her new duties excitement about his new has been underscored. excellence, (2) updating are more varied than either role at the Law School He Because a dean faces and developing useful her experiences in teaching has noticed distinct differ- natural pull away from the major collections in or practice. Her husband, ences between his duties as day-to-day events of the the Law Library, and Boyd Erickson, no longer dean and those of associate Law School, Reese is deter- (3) capitalizing on some of asks her what she is going dean. As associate dean, mined to maintain contact the Law School’s unique to do that day. Constance Reese felt much of his time and involvement with the international strengths. remarked, “This is defi- was spent dealing with dis- student body One way he Reese also feels it is nitely not a job for someone tinctly Law School commu- achieves this goal is by necessary to maintain the who has to feel in control.” nity issues. Now, as dean, teaching. He teaches administrative man- She does find that her there is a redistribution because he loves to teach. ageability of the faculty and teaching responsibilities and much time is spent in He enjoys the challenge of the Law School. Respond- help provide some balance an ambassadorial role to a distilling some element of ing to questions about and stability to her life. She wider pool of interests and knowledge, and he also growth and expansion, is currently teaching demands. Dean Hansen is enjoys the interaction that Reese has said the current Property I and is enjoying encountering many more comes in a classroom. faculty size is optimal. Yet being back with the first- demands for public appear- Concerned for the Law faculty recruitment is still year students. ances and public-relations School’s future develop- vital to the academic health “Teaching first-years is activities. ment, Dean Hansen has of the Law School, and refreshing because they do He has also noted a identified several key Reese is confident the Law not have the jaded attitude more active involvement projects and programs that School will enjoy faculty that can develop. They are with the university adminis- will receive substantial successes similar to freer. There is also a feeling

27 MEMORANDA of real contribution to their Committee for the Preven- development,” observed tion of Child Abuse, on the Constance. Her contact Advisory Committee of the with first-year students Governor’s Conference on automatically makes one- Strengthening the Family third of the Law School (Utah), and on the board of student body more real and directors of the American less merely names. That Cancer Society (Utah) contact helps her to fulfill Scott is married to her role as associate dean. Christine Cannon Cam- Constance sees several eron, and they are the par- issues facing the Law ents of six children. School. First, she feels the need for a wider diversity. Hal Visick Diversity is crucial to Hal Visick continues his effective perspective in long career of service at legal education. A parallel Brigham Young University concern with diversity is with his appointment as the comfort level of the assistant dean and director Law School’s minority of the J. Reuben Clark Law students (minority includes Society. Hal recently categories of race, gender, Constance Licndberg jointly assistant returned from serving as age, national origin, and superintendent of public mission president in the culture). The consciousness Scott was serving as assis- instruction and federal Illinois Peoria Mission, of the Law School must be tant superintendent of pub- liaison representative which includes Nauvoo. raised to help involve lic instruction for the State under Superin tenden t Before his mission Hal was minority students as an of Utah. His first official James R. Moss. general counsel and assis- effective component of the day as assistant dean was In 1976 Scott was admit- tant to BYU Presidents Law School community. November 1,1989. ted to the Utah State Bar Dallin Oaks and Jeffrey Second, the Law Library Scott is a charter class and to practice before all Holland. needs to be upgraded. A graduate of the BYU Law United States District After receiving his bach- current inability to make School (1976) and is Courts of the Tenth Circuit. elor’s degree from BYU in requisite acquisitions could enthusiastic about Active in community ser- 1955, Hal attended George prove extremely returning to help in student vice, Scott has served as Washington University Law detrimental if left recruitment, development, vice-president of the Utah School, graduating with unchecked And third, and public relations. Before Chapter of the National honors in 1963. He prac- Constance has a personal attending the Law School, ticed law with the firm of goal of finding a way to Scott earned a bachelor’s Scott UI: Cameron Latham & Watkins in Los encourage law students to degree in English and a be whole, well-rounded master’s degree in individuals. She believes education from Stanford that individuals learn better University in Palo Alto, when they are happy and California. Mter receiving fulfilled Constance hopes his master’s, he spent two to help students feel that years teaching English at way. She is convinced that Ricks College in Rexburg, this human side is critical Idaho for successful legal Following graduation education. from the Law School, Scott was associated with Scott W Cameron Backman, Clark, & Marsh Following a nation-wide in Salt Lake City, and in search that attracted 91 1981 he became a partner applicants, Scott Cameron of the firm. He continued has been selected to the practice of law as a replace Claude E. Zobell, partner until 1987, when he Jr., as assistant dean of the entered public service with Law School. Before his the Utah State Office of return to the Law School, Education, where he was

28 MEMO ANDA

the Orange County meant when he said in the Committee, chaired by Book of Mormon, ‘To be Stuart T. Waldrip. learned is good if they After remarks by Dean hearken unto the counsels Bruce C. Hafen and John S. of God‘ (2 Nephi 9:29). He Welch, Cree-L Kofford and was learned, both in the the Honorable J. Clifford knowledge of the law and Wallace paid tribute to and in the ways of government. introduced Howard W. Because he was a good Hunter. The first meeting man, his learning was a of the Southern California good thing. By therefore Chapter of the Society was placing his learning and an ideal setting for the trib- experience on the altar of ute to President Hunter unselfish service to the and the announcement of Church and to the spiritual the Hunter Professorship. welfare of other people, President Hunter practiced President Clark blessed law and was a valued mem- us all.” ber of the bar in the Los Howard Hunter also Angeles-Orange County focused on the role, image, area before being called to and responsibilities of law- Hal Visick Howard W. serve as an apostle in The yers, a theme he has often Church of Jesus Christ of addressed to Law School Angeles from 1963 to 1968 Hunter Latter-day Saints. audiences. He stressed the and as a senior attorney Professorship Delivering the keynote value and need for attor- with the Ford Motor Com- Announced address, President Hunter neys with integrity “It pany from 1968 to 1970. He expressed gratitude to be seems to me that an organi- was a partner in the law “back home” in California zation of lawyers who firm of Roberts, Carmack he Southern and turned his remarks to believe in the view about & Johnson for one year California Chapter the namesake of the Law freedom and law as ex- before coming to BYU as of the J. Reuben Society: pressed by J. Reuben Clark associate general counsel in Clark Law Society held its “What a proud and fit- could be a great source of 1971. He served as general first gathering at the Los ting name this law school good for today’s society, counsel for 12 years before Angeles Hilton this past bears-J. Reuben Clark, Jr. which seems increasingly his mission Hal was also May 1989. The soirk He was a member of the racked with confusion and affiliated with the Salt Lake fulfilled several functions. It First Presidency of the dissension What a blessing City law firm of Ray, Quin- was the kick-off social event Church when I was called it would be for the Ameri- ney & Nebeker during his for the chapter and an to be a member of the can people to be served by years as general counsel. occasion to honor President Council of the Twelve. lawyers, both men and The Visick family con- Howard W. Hunter, President Clark will never women, of whom it could nection with the Law President of the Quorum be forgotten. He made a be said, ‘They are honest, School is not new. Hal and of the Twelve Apostles, great impact on the Church good, and wise lawyers.’ I his wife, Else, have sup- and announce the Hunter with his wisdom, broad believe that in these times, ported two of their eight Professorship established background, keen legal lawyers like this should be children as students in the at the Law School. mind, and high achieve- sought for diligently. Law School: Jennifer (1983) The evening included an ments in law and diplo- “Not only would lawyers and Christopher (1988). informal reception and matic work. He was a prom- of this kind bless the lives Hal has been working dinner with the Hunter inent international lawyer, of their clients, but I also closely with the National family. The master of having served as solicitor believe they would play an Committee of the J. ceremonies, John S. Welch, for the US. State Depart- important indirect role by Reuben Clark Law Society has been active in ment and as Undersecre- influencing our entire soci- in setting up new chapters launching the Society in tary of State. In 1933, ety to remember the condi- and planning events. He southern California Mr. J. Reuben Clark was serv- tional nature of the Lord’s commented that one of the Welch serves as the chair ing as United States ambas- promise of freedom in this most enjoyable aspects of for the Los Angeles sador to Mexico when he land.” his current position is being Committee of the was called to be a member President Hunter identi- affiliated with the outstand- J. Reuben Clark Law of the First Presidency. fied himself with John W. ing attorneys on the Society. Also attending “His life is a powerful Davis’ view: National Committee were the members of example of what Jacob “True, we build no MEMORANDA bridges. We raise no towers. We construct no engines. We paint no pictures- unless as amateurs for our own principal amusement. There is a little of all that we do which the eye of man can see. But we smooth out difficulties; we relieve stress; we correct mistakes; we take up other men’s bur- dens, and by our efforts we make possible the peaceful life of men in a peaceful state.” President Hunter encouraged Law Society members to fulfill the challenges and responsibilities that they had accepted. He closed with a sincere wish that the Law Society everywhere could grow and meet with success-success of purpose, success of stature, and success of high ideals. He offered his com- mendation to those individuals so endeavored and his gratitude to those who had honored him.

Just ice White Addresses Students

‘ustice Byron R. White, associate justice of the United States Supreme Court, addressed an overflow crowd of law students in the moot court room on January 27,1989. The justice had been men. He suggested that when Justice White was in making those decisions, invited to the Law School Professor Worthen was a appointed and confirmed. according to Justice White. to preside over the final markedly more proficient “The arrival of a new jus- Justices of the Court are round of the annual athlete than Professor Lee. tice on the court is a major often asked if they are too second-year moot court Reviewing the changes event,” he stated. “For the busy. Justice White answers competition. that have taken place on first year or two you know no to that question. During Two members of the the Court since his that this case or that case his tenure on the court the Law School’s faculty-Rex appointment in the early would have been decided number of signed opinions E. Lee and Kevin ~OS,Justice White com- differently if this replace- the court issues has grown Worthen-served as clerks mented that the major ment hadn’t come along.” by half. He believes that to Justice White on the change has been in the per- These changes in personnel this increase in the number Supreme Court. The justice sonnel. Justice Brennan is alter the outcome of the of opinions is attributable began his remarks with the only justice still sitting cases and also alter the to the decrease in time humorous tributes to both on the court who was there approaches the Court takes allowed attorneys for oral

30 MEMORANDA argument before the court. experience with the king Board of Visitors sector practice will never In the 60s each side was or parliament. Although make you wealthy (a top allowed an hour of argu- the idea of judicial review is Comes to Campus salary after 30 years of ment before the Court. To not specifically mentioned experience will likely equal expedite the easier cases, in the Constitution, the ince the J. Reuben the starting salary of a new the court had instituted a extraneous writings of the Clark Law School associate in a large law summary calendar that framers leaves little doubt Sopened more than firm), this type of work allowed for only half an that they intended the 15 years ago, the winter offers intellectual challenge hour of argument per side. judicial branch to exercise semester has been high- and diversity of practice.’, The experience with the oversight authority over lighted by a three-day visit Gay Taylor, general summary calendar con- the other two branches of from the Board of Visitors. counsel to the Utah State vinced the court that law- government. The justice Board members include Legislature and a 1980 yers could do as well in half discussed previous attempts outstanding Iawyers and graduate of the Law an hour as they were doing to alter this system of legal educators from School, spoke of her deci- in an hour. The half-hour judicial review, including throughout the country sion to move from a tradi- argument then became the President Rooseveit’s who are invited to Provo to tional practice in a private rule. The time change attempt to pack the court observe the Law School’s firm to public sector work: allowed the court to hear in the 30s. According to educational efforts. Their “I appreciate trying to twelve cases in a three-day Justice White, Roosevelt visit helps the faculty and improve the law not just for period, rather than the lost the battle, but he won students measure their per- one person, one client, but eight cases per week they the war. Over the years of formance against the yard- for a whole class of people.” heard before the change. his presidency, Roosevelt stick of an outside resource. She also commented that Justice White is often appointed enough justices This past March the she felt that she had more asked if the Court is able to to effect the most dramatic Law School Career Services autonomy in controlling her get the job done. When he shift in decision making in Office arranged for several personal and professional began his service in the the Court’s history. Board of Visitors members life. She explained that in early 60s, the Court was At the conclusion of his to participate in panel dis- her current position she receiving approximately formal remarks, Justice cussions and informal fire- can plan for her busy sea- 1,800 petitions for White entertained side talks. Topics included sons (during and imme- certiorari each year. The questions from the practicing law in the public diately after the legislative number of petitions the audience. In response sector, unique challenges sessions). Ms. Taylor sum- court receives each year is to a question on the faced by women in law mar ize d her impression s now closer to 4,500, Justice appointment process of the practice, international law about her career choice: White is convinced that the federal judiciary, Justice practice, and in-house “The salary is not great, Court is refusing to hear White said that he would corporate practice. but I feel that I am more cases that would have been not make any changes. He than compensated by the heard automatically in felt that the process has Practicing Law in personal satisfaction I gain the 60s. Congress has worked well down through the Public Sector from serving others and the capacity to create the years. “I can’t imagine G. Kevin Jones, senior being in control of my life.” additional appellate that there is anything wrong attorney/advisor at the capacity, he said, but the with the Senate concerning Office of the Solicitor of the Unique Challenges Faced by issue is very divisive. The itself with how a judge is United States Department Women in Law Practice Court itself is split on the going to vote.” According to of the Interior and a 1977 Luisa Lancetti of Wilkin- issue, as is the rest of the the justice, judges make law graduate of the Law son, Barker, Knauer & federal judiciary. Congress, all the time, the people School, began the discus- Quinn in Washington? D.C., according to Justice White, have a right to participate sion on a philosophical initiated the women-in- has taken the position that in the process through their note: “The practice of law practice panel discussion by when the judiciary can get elected representatives in in the public sector is a vital describing her life-style its act together?it will the Senate. portion of this nation’s choices. She recalled the become involved. Another member of development, and I believe changes that had occurred According to Justice the audience asked, that it helps to ensure the in her professional life White, half the cases the considering personnel continuation of a free since the birth of her Court hears each year are changes that are always republic.” He emphasized daughter. “In the old based on constitutional occurring on the court, to the students that lawyers days-prebaby-I used to law issues. He commented what role stare decisis who enter this field must be work long hours, late that the framers of the should play in its decision- “good people who will act nights, and Saturdays. Now Constitution intended this making processes. Justice as true servants to the I work 45 to 50 hours a to be the result because White responded simply, public.” Mr. Jones contin- week, and I try not to they had not had a good “A big role.” ued, “Although a public- go into the office on

31 MEMORANDA

house counsel, large corporations keep pace with mar- ket salaries. When asked about the hiring practices of corporations, Mr. Hunter answered that “most corporations are not equipped to give you the kind of training that you need just coming out of law school, so they usually hire laterally from firms.” He encouraged students, when the time comes that they are prepared to do corporate work, to make a conscien- tious effort to get informed about the inner workings of the company that they wish to approach.

Saturdays.” She admon- that because of the homo- she wants to be an interna- Public Servants ished the women law stu- geneous student body at tional lawyer, he corrects Visit Campus dents to carefully examine the l3YU Law School, the them, “No, what you want the quality of life they de- students here should to be is a good commercial sire before deciding what “reach out to expand their lawyer with experience in wo outstanding pub- type of practice to pursue. horizons and their under- international transactions.” lic service represen- Cheryl Preston, then in- standings.” He further He encouraged the stu- tatives visited the house counsel at First In- encouraged the women dents to develop skills that Law School during 1989 terstate Bank in Salt Lake present to acknowledge the will allow them to readily winter semester Malcolm City (and now a member of foundation that they are spot issues and solve prob- Wilkey, ambassador to the Law School faculty), building while in law school lems for international cli- Uruguay during the discussed her experience in and then to create oppor- ents. He concluded by stat- Reagan administration, a judicial clerkship, with tunities in all aspects of the ing that “there are oppor- spent several weeks at the two large private law firms legal profession for tunities in international law Law School in January after and in the legal department themselves out there. Pursue your completion of his ambas- of a bank. She said that she interest consistently, and sadorial assignment and is pleased to see the num- International Law Practice don’t expect your dream job before becoming chairman ber of women in law school William E Atkin of Baker & to be waiting for you of President Bush’s ethics and in the profession in- McKenzie in San Francisco, behind the first door that commission. And in late creasing each year. She California, explained to the you knock on.” March Senator Christopher commented that since she students gathered in the Dodd (D-Connecticut) has most often been in the Moot Court Room that he In -House Corporate spent several hours with minority as a female attor- had stumbled into what he Practice law students as part of a ney, she has frequently felt is currently doing in prac- Ed Hunter, managing coun- visit with three depart- like a “lightning rod.” She tice. After being encour- sel for Toyota, began his ments on campus. explained, “There are so aged by a law professor to presentation by explaining In addition to team few women in the environ- consider opportunities in the basic structure of a cor- teaching the Public Inter- ment where I’ve worked international law, he porate legal department. national Law Course, that my actions can never accepted a job with the U.S. He noted that legal depart- Ambassador Wilkey fre- go unnoticed.” She advised, government that involved ments in corporations are quently discussed his deci- “If you’re going to be that international trade. From growing and practice there sion to enter public life and visible, you had better be that point, he went with a is as diverse as it would be what that decision has sure that you%egood at private firm dealing in in private practice. Mr. meant to him over the what you are doing.” international law. Hunter observed that years. During his public Ed Hunter, managing Mr. Atkin toId the group although big firm practi- career, he has received six counsel for Toyota Motor that when someone comes tioners make more money presidential appointments, Sales, USA, Inc., observed to him and states that he or dollar for dollar than in- including serving as a

32 MEMO ANDA

United States Circuit Court Scott Matheson, former Ms. Joan Watt, chief cases affecting state and of Appeals Judge. governor of the State of appellate counsel for Salt local government. Issues In an open-forum Utah, was the featured lun- Lake Legal Defenders, before the court this year address, Senator Dodd cheon speaker. He provided addressed the group on ranged from First Amend- explained why he had pointers on how to protect ineffective assistance of ment questions to liability opposed military funding to the power of local govern- counsel claims This topic of public officials to zoning. the contras in Nicaragua. ments. He also encouraged was timely, as the first ever Eugene B. Jacobs, pro- During most of the Reagan local leaders to join with Utah case to successfully fessor emeritus of law at administration, Senator city and county leaders to advance an ineffective BYU, presented his ideas Dodd was a principal spokes- strengthen positions of assistance of counsel claim on ethics in government, man for the opposition to common interest and was decided the same week warning officials to use care military funding. He also thereby become an effec- by the Utah Court of and cite statutes aimed at spoke about his efforts to tive “lobby” at the state Appeals. The Honorable enforcing ethical behavior provide federal funding for level. Judith Billings, a judge of by government officials. child care. In this effort he The keynote speaker for the Utah Court of Appeals, In the afternoon session had joined forces with Sen- the criminal law section gave no-nonsense directions Dale A. Whitman and ator Orrin Hatch (R-Utah). was Justice Christine on the operation of that Walter Miller discussed the Durham of the Utah Court She also provided constitutionality and Malcolm UlTlkey Supreme Court. Justice valuable brief-writing legality of impact and suggestions. linkage fees, giving pointers The final session was a on drafting ordinances that stimulating panel discus- would survive judicial sion on investigatory stops. scrutiny. Mr. Whitman was The panel included Judge a visiting professor of Law Gregory Orme of the Utah at the Law School, and Mr. Court of Appeals, Loni E Miller is Sandy City DeLand, former Treasury attorney Richard S. Fox, agent and noted defense John M. Gardner, and counsel (representing the Larry R. Denham Utah ACLU), Attorney examined Security and General Paul Van Dam of Exchange Commission the State of Utah, promi- disclosure guidelines for nent defense attorneys state and local bonds, Edward Brass and Fred highlighting underwriter Metos, and prosecutors responsibilities. Durham encouraged the Keith Stoney and James R Bruce Johnson, BYU Sponsors criminal bar to employ the Taylor. Each panelist had Maxwell A. Miller, and Bill Seventh Annual Utah Constitution in trial extensive experience in Thomas Peters concluded State and Local arguments and appellate search and seizure law. The the civil-law portion of the briefs. Recounting the his- panel was moderated by conference with an update Government tory of the “new federal- Utah Circuit Court Judge on property tax. Mr. Miller Conference ism,” she listed examples of Lynn Davis. pointed out the prolific where an argument might The civil law session of litigation of state taxation be made for materially dif- the conference began with of oil and gas production n March 1989 a large ferent outcomes under the an update on actions by the on Indian reservations. group of attorneys, Utah Constitution. Justice 1989 Utah Legislature that Mr. Johnson cited recent I state and local govern- Durham instructed counsel affect state and local gov- developments in Utah tax ment officials, and students to research beyond the case ernment. Presented by dep- procedure, accenting the convened at the Excelsior law and present historical uty city attorneys Steven W Uniform Property Tax Hotel in Provo to learn the policy arguments for a state Allred, Allan J. Moll, and Assessment and Collection latest trends in political, constitutional resolution of Karl Hendrickson, this dis- Levy. Mr. Peters discussed civil, and criminal law. The issues, especially in cussion was especially inter- other recent developments event was the Seventh criminal-law areas. She esting because it was one of in property tax. Annual State and Local Iamented the lack of law the first such discussions The goal of this year’s Government Conference, school courses and continu- after the legislature political-law section was to hosted by the Government ing education courses adjourned. Richard explore some practical fac- and Politics Society of the designed to acquaint young Dalebout, Provo municipal tors in the political process. J. Reuben Clark Law lawyers with state constitu- council attorney, followed Bud Scruggs, chief of School. tional analysis. with an update on 1988-89 staff for Utah’s governor

33 MEMORANDA

Norman Bangerter and a Graduate The section also offers a Graduate Named graduate of the Law program at public libraries Dean of Capital School, opened the session Completes Term entitled “Law School for by describing a lawyer’s per- As Young Nonlawyers,” distributes University Law spective of the transfer Lawyers’ the “Utah Senior Citizens School from politics to govern- Handbook,” and provides ment. The next presenta- President lectures in senior citizens’ tion, by David B. Magleby centers on legal topics of and Dan E. Jones, ’nder Jerry D. interest to the elderly. In addressed the legal and Fenn’s recently addition, the section helps the Law School, ethical controversies in completed tenure young lawyers develop pro- was appointed dean of the election polling. Mr. IS president, the Young fessionally through continu- Capital University Law Magleby, professor of polit- Lawyers’ Section of the ing legal-education classes School in Columbus, Ohio. ical science at BYU, Utah State Bar has experi- at the annual meeting of A graduate of Western reviewed the constitu- mced tremendous growth the state bar, brown-bag Colorado State College, tionality of exit polls under in programs and public ser- luncheons featuring judges Dean Smith obtained the First Amendment. Mr. vice projects. The section and prominent practi- LL.M. and SJD degrees Jones explained develop- 3ffers numerous oppor- tioners as speakers, and an from the University of ments using public-opinion tunities for its nearly 2,000 annual survey on lawyer Pennsylvania Law School surveys as evidence in members to participate in compensation. Jerry will after receiving his juris doc- court. public service projects. New continue on the executive tor at BYU. He was serving The section then moved programs under Jerry’s council of the section for as a visiting professor at the to a panel discussion on leadership included: the another year. University of San Diego political action committees publishing of a legal infor- Jerry Fenn, class of School of Law before the under the new Utah stat- mation pamphlet for gradu- 1983, is a multifaceted indi- new appointment. ute. The diverse panel ating high school students vidual in both his professio- Capital University Presi- included David D. Hansen, entitled “On Your Own”; nal and personal life. He dent Josiah Blackmore Utah deputy lieutenant the People’s Law Program, practices with Snow, Chris- stated, “Rodney Smith governor, Ed Mayne, presi- a series of classes on the tensen, & Martineau, and brings to Capital an excel- dent of the Utah AFL-CIO, lent record and strong com- Joseph A. Cannon, presi- mitment to legal education dent of Geneva Steel, Betsy and scholarship. I am confi- Wolf, president of Common dent that Dean Smith will Cause for Utah, and Pat make a significant contribu- Iannone of the Utah Real- tion to the continued growth tors Association. The day’s of our law school and presentations concluded university” with an election-initiatives Smith’s appointment fol- panel, with attorney James lowed a nationwide search S. Jardine, Utah lieutenant that began after Blackmore, governor Val Oveson, and the former Law School Utah County Clerk William dean, was named president E Huish. in 1988 Founded in 1966, The annual conference Capital University’s Law is rapidly becoming one of School serves almost 700 stu- the area’s most popular law offered through Salt in addition to his recently dents each year through its conferences on government Lake Community Educa- completed service as young day and evening programs. and politics. BYU Law Pro- tion; law-day fairs, where lawyer’s president, he is Smith holds honorary fessor Eugene B. Jacobs is people at six shopping malls vice-chairperson of the memberships in the Order the advisor to the Govern- across the state could Utah Alcoholic Beverage of the Coif and the Board ment and Politics Society obtain basic legal informa- Control Commission, and is of Barristers. His expertise and is the founder of the tion; and the law for the on several committees of is in constitutional law, annual seminar. The law clergy project, which the Young Lawyers’ Divi- sports law, and American firm of Ballard, Spahr, included the publishing of sion of the American Bar legal history, and he has Andrews & Ingersoll and an informational pamphlet Association. Jerry is also a taught at the University of the Government Law Sec- on legal issues for clergy lapidary and an amateur San Diego School of Law, tion of the Utah State Bar and the sponsoring of semi- actor who recently played Widener University, and also sponsored this year’s nars for clergy on legal Harold Hill in a local pro- the University of North conference. issues. duction of The Music Man. Dakota. He has also written

34 MEMORANDA three books and many arti- achievement and leader- participating in the annual Wallentine was also rec- cles and is currently work- ship, and he served as the competition included New ognized by the American ing on two new books. advisor to the Berkeley York University, University Bar Association last spring After graduation from Undergradcute Journal and of Southern California, for other writing he has BYU, Dean Smith began to the Minority Pre-Law University of Virginia, done, and he has published his legal career in Bishop, Coalition, which has more De Paul University, George articles on employment law California, where he served than 300 members. Mason University, and the and constitutional law. as city attorney from 1979- Professor Dorninguez University of Maine 81 and then as a partner in graduated cum laude from The members of the a small law firm Yale University in 1977 with team prepared a brief and Library Gift a bachelor of arts degree in presented oral arguments Honors Drew on a case involving limita- religious studics At the Hawkins Dominguez Joins Law School he is teaching tions on federal. govern- Criminal Law I and 11, and ment employees’ First Faculty coteaching Negotiations Amendment rights to peti- he BYU Law and Labor Law. tion and divulge informa- Library recently avid Dominguez Commenting on the tion to Congress. The received a gift of

1 has joined the addition of Professor Dom- alleged violation of the con- $500 from Ebyd J (Class of faculty of the Law inguez to the faculty, Dean st it u t ional right raised the ’87) and Felicia Hawkins in School as an associate Hansen stated: “Professor question of the appro- memory of their son Drew, professor. He comes to Dominguez represents an priateness of a Bivens-type who passed away while legal education from being unusual combination of remedy. Boyd was in law school. assistant to the provost at academic ability and pro- Boyd and Felicia helped the University of fessional experience. His select the 18 titles that were California, Berkeley years with the NLRB and Law Student purchased with the gift; A 1980 graduate of Boalt his vast experience in wins Writing each will bear a commemo- Hall School of Law, Univer- minority issues will be ben- rative bookplate The dona- sity of California, Berkeley, eficial to our students as we Competition tion was Boyd and Felicia’s Professor Dominguez work to enhance the curric- way of thanking professors, began his legal career as a ulum and diversity of the enneth R. Wallen- staff, and fellow students trial attorney for the student body” tine, a member of who were so generous and National Labor Relations the class of 1990, thoughtful to them during Board. While working with recently won the American their years in law school. the NLRB he litigated BYU Team Bar Association’s annual Drew was a law school many unfair labor-practice writing competition. His baby, born during fall charges and negotiated and Repeats Win article was chosen over 47 semester of Boyd’s second settled scveral complex at Spong other finalists. year. At the time of his labor and management dis- Moot Court Mr Wallentine’s paper birth, law students donated putes He also worked part- was entitled: “WiIderness ten to twelve units of blood time as an instructor at Competition Water Rights: The Status of to Felicia, who had experi- UC-Berkeley, where he cre- Reserved Right After the enced serious difficulties. ated and taught special or the second time Tarr Opinion ” The paper Thirty-seven days before noncredit courses that in three years a will be published in the Law Boyd’s graduation, Drew introduced minority pre- moot court team SchooI’s Journal of Public died of sudden infant death law students to legal rea- from the J. Reuben Clark Law, where Mr. Wallentine syndrome soning and the study and Law School has won the serves as editor-in-chief. After graduation Boyd practice of law. William B Spong, Jr., Moot The paper addressed prob- joined Davis, Graham & In 1988 he left the Court Tournament spon- lems surrounding water Stubbs in Salt Lake City NLRB to accept the posi- sored by the Marshall- rights for federal wilder- He then returned to Utah tion of assistant to the pro- Wythe School of Law, Col- ness areas and the impact Valley where he was vost at Berkeley His assign- lege of William and Mary of those rights by the Tarr employed as corporate ment included analysis of in Williamsburg, Virginia. opinion. counsel for Murdock student re tent ion strategies This year’s winning team Following his selection Health Care in SpringviIle and design of the 1989 members were Eric Adair Mr. Wallentine commented He has since returned to Chicano/Latino conference from San Jose, California; in the Daily Universe, Salt Lake City, where he on educational empower- Charlotte Wightman from BY U’s student newspaper, works for Bonneville Inter- ment He established a stu- Pullman, Washington; and that he had spent a semes- national. In February dent, staff, and faculty com- Steven Ellsworth from ter writing the paper- 1989 Felicia gave birth mittee to inspire student Provo, Utah. Other schools around 220 hours. to a baby girl.

35 UPD TE

Preston Receives Section 2041 to Faculty Notes Dther publications, includ- Testamentary Powers of ing “Religion and the Faculty Appointment Held by Criminal Law: Types and Appointment Incompetent Decedents.” Contexts of Interaction,’’ in She was named a J. Reuben lean M? Burns The Weightier Matters of the Clark Scholar, an honor Since her appointment as Law. Essays on Law and heryl Bailey that was bestowed on the associate professor, Jean Religion, (J. Witte & Preston, a 1979 top 10 percent of each Burns has been busy E Alexander, eds., 1988); Cgraduate of the graduating class. Also, teaching Commercial “Reminiscence of Dia- J. Reuben Clark Law for being the top student Law I, Commercial Law 11, logue: Beyond the Papers School, has joined the in her torts and criminal Antitrust, and Conflicts. of the Freiburg Confer- faculty as an associate procedure classes, she During the surnmer of 1988 ence,” 2 Rechi$erttigung imd professor and resigned as received the Lawyer’s Co- she taught consumer law at Entschuldigung: Rechtsver- vice-president and legal operative Publishing the University of Utah- pleichende Perspektiven counsel for First Interstate Company Book Award. proving that the Law (A. Eser & G. Fletcher, Bank of Utah in Salt Using a presidential School doesn’t mind eds., 1988); “Comparative Lake City. scholarship she obtained sharing talent. Last year Law in a Rhetorical Key,” Her legal experience her prelegal education at she was selected appearing in the Harvard since graduation has been BYU, graduating summa outstanding teacher of the Law Bulletin in 1988; year by the second- and “Foreword: Comparative third-year students. Law in the Late Twentieth Professor Burns has Century,” in the 1987 BYU recently published the Law Review; and “Indian article “Standing and Law in the Continental Mootness in Class Actions: United States: An Over- A Search for Consistency,” view,” 2 Law and Anthro- Uiiiversity of California- pology Interitationales Davis Law Review, 1989. Jahrbuch fur Rechtsanthro- Another article, pologie 93 (1987). “Rethinking the As faculty advisor to the ‘Agreement’ Element in International and Compar- Vertical Antitrust ative Law Society, Cole has Restraints,” will be organized some very suc- published in the Ohio State cessful symposia, covering Law Journal in 1990. She topics such as trade with geographically varied. She cum Eaude. She also has also provided service China and the new Trade began her legal career as a worked as a teaching and time in the American Bill (H.R. 4848). He serves law clerk to Judge Monroe assistant in the History Inns of Court, extending on the board of editors for G.McKay of the United Department . her commitment to the American Journal of States Court of Appeals Her civic interests professionalism in the legal Comparative Law and was for the Tenth Circuit. include membership in community beyond the recently elected secretary After completion of this Utah Lawyers for the walls of the classroom. of the herican Associa- prestigious clerkship, she Arts and Women Lawyers tion for the Comparative joined the tax department of Utah, Inc., and she W Cole Durham, Jr. Study of Law. He is also an of O’Melveny & Myers in is also a member of the Cole Durham continues to executive board member Los Angeles, California, Primary Children’s Medical enjoy the variety of his for the Church/State Cen- where she worked for three Center deferred gifts teaching responsibilities ter at De Paul University years before accepting a committee. and his contact with stu- and a member of the position with the Salt Lake “We are truly grateful to dents. He teaches Criminal National Advisory Board City office of Holme, have Ms. Preston return to Law, Legal Writing, a first- for the Center for Constitu- Roberts & Owen. the Law School,” Dean year Professional Seminar, tional Studies. In the BYU While in law school Hansen commented. “She Introduction to Contem- community Cole’s impact is she served as note and has been a great friend of porary Legal Theory, seen in the quality of comment editor of the Law the school since graduation Church-State Seminar, and forums brought to the Review, and wrote an and has substantially team-teaches various com- campus. He is a member of article entitled “Federal assisted us in an advisory parative and international the BYU Forum Cornmit- Estate Tax:A Possibk capacity over the years. We law seminars. tee, which is responsible for Exception in the look forward to using her He is the author of selecting and inviting Application of I.R, C talents full-time. numerous articles and Forum speakers.

36 UP 4TE

Larry C. Farmer Buying and Selling Corpo- Since his return from Harv- rate Businesses.” He con- ard and his work there on tinues to work on a second the Computer-assisted Shephard’dMcGraw Hill Practice System (CAPS), treatise dealing with the Professor Farmer has been federal tax problems of involved in instructing BYU closely held corporations. students about the use of Outside the Law School, CAPS, teaching Legal Dean Fleming is actively Interviewing and Counsel- involved in the ABA Tax ing with Constance Section, serving on the Cor- Lundberg and presenting porate Reorganizations the seminar Law and Social Subcommittee and the Sciences. He has not aban- Committee on Teaching doned the CAPS project Taxation (vice-chair desig- he set up back in Massa- nate of the committee and chusetts Larry commuted chair of the Program Plan- to Harvard Law School dur- ning Subcommittee). He ing 1988 to teach a brief, was recently appointed to intensive CAPS course the Tax Advisory Group there One of his papers, of the American Law “A Method for Studying the Institute. Florida, Arizona, Califor- James D Gordon III Interviewing and Counsel- nia, and Washington, D.C., ing Function of Lawyers,” Michael Goldsmith on RICO, asset forfeiture, Doctrine of Considera- was presented at the AALS Professor Goldsmith and complex investigations. tion,” Cornell Law Review Section on Clinical Educa- teaches Evidence (still giv- As part of his ABA duties, 1990 (in press); “Flying into tion Conference at the Uni- ing exams that mentally Goldsmith is a member of Blue Sky: Aircraft Lease- versity of New Mexico Law challenged rhesus monkeys the Criminal Justice Sec- backs As Securities,” 35 School in October of 1987. should be able to pass), tion, the White Collar UCLA Law Review 779 The paper was written Criminal Procedure, RICO, Crime Committee, vice- (1988); and “Common with Constance Lundberg, and Complex Crimes and chair of the RICO Commit- Enterprise and Multiple who also attended the Investigations. He has tee, and on the editorial Investors: A Contractual conference. recently published several board for the Criminal Jus- Theory for Defining Invest- articles: “RICO and ‘Pat- tice Magazine. He also is on ment Contracts and Notes,” J. Clifton Fleming, JK tern’: The Search for Con- the advisory board for the 1988 Columbia Business Mr. Fleming is the one tinuity Plus Relationship,” RICO Law Reporter. Pro- Law Review 635. He has dean who did not change 73 Cornell Law Review 971 fessor Goldsmith has testi- also written educational his position this year He (1988); “Civil RICO, For- fied on RICO reform pieces: “An Integrated remains the associate dean eign Defendants, and ‘ET,’ before the House and Sen- First-Year Legal Writing responsible for faculty 73 Minnesota Law Review ate Judiciary Committees Program,” Journal of Legal development, teaching 1023 (1989) (Coauthored of the United States Education, and “Teaching assignments, curriculum, with Vicki Rinne); “RICO Congress. Parol Evidence,” which has academic counseling, and and Enterprise Crimi- been submitted for publica- Board of Visitors. This year nality,” 88 Columbia Law James D. Gordon III tion He has coauthored Dean Fleming is teaching Review 774 (1988); and Students continue to enjoy with David Magleby “Pre- Tax I and Combining and “Plea Bargaining Under the the fresh and creative Election Judicial Review Reorganizing Corporate New Federal Sentencing teaching style of Professor of Initiatives and Referen- Businesses. Guidelines,” 3 Criminal Gordon. He is responsible dums,” 64 Notre Dame Law He recently published Justice 3 (1988). He func- for instilling wisdom in Review 298 (1989). “Domestic Section 351 tioned as the coordinator Contracts I, Contracts 11, Professor Gordon Transfers of Intellectual for the “ABA RICO Jury Legal Writing, Securities served on the BYU Off- Property: The Law As It Is Instruction Project,” 1987 Regulation, and Profes- Campus Housing Arbitra- vs. The Law As The Com- BYU Law Review 1. sional Seminar. On the tion Board, providing his missioner Would Prefer It Professor Goldsmith has other hand, he says that even-handed sense of jus- to Be,” 16 Journal of Corpo- lectured to law enforce- wisdom is not all that it is tice and his humor. The rate Taxation 99 (1989) and ment officials in Colorado, cracked up to be. Clark Memorandum the 1988 supplement to this Georgia, Hawaii, Louisi- Jim is the author of proudly hails the comple- Shephard’s/McGraw Hill ana, Kentucky, Utah, recent articles entitled tion of his book, How Not treatise “Tax Aspects of Pennsylvania, Mississippi, “A Dialogue about the To Succeed in Law School.

37 UPD TE

Housing Committee. In the Minneapolis, Minnesota, spirit of civic duty, he has he presented to the Ameri- presented various lectures can Society of Trial Consul- on abortion and the US. tants a paper entitled Constitution to church and “Negotiation: Theory and civic groups throughout Technique.” Gerry is often northern Utah. He con- invited to law firms and cor- tinues to be an active and porate law departments to talented actor, performing give seminars on in many local productions. negotiations. Professor Williams was Gerald R. Williams recently appointed to the Professor Williams American Bar Association continues developing his Standing Committee on interest in negotiations and Dispute Resolution. He is dispute resolution by also the chair of the Alter- teaching Legal Negotiations native Dispute Resolution and Settlement, Remedies, Programs and Policies and Alternative Dispute Advisory Committee for Resolution, Besides the Utah Law and Justice teaching classes on the Center. He is a member of Stanley D. Neeleman Stanley D. Neeleman above subjects, Professor Academic Advisory Board Professor Neeleman has Williams is frequently for the Center for Public returned to the Law School 1 (1989); “An Officer and an invited to present papers or Resources in New York and is currently teaching Advocate: The Roles of the workshops to various City. For BYU Education Business Associations, Solicitor General,” 21 groups of attorneys and Week in Provo on August Tax 11, Professional Semi- Loyola Law Review 1167 judges on negotiation and 15,2988, he taught a seminar, and Tax Planning for (1988); and “Search and dispute resolution. nar titled “How to Negoti- Individuals. He spent last Surveillance: Defining the Some presentations that ate with Russians, Lawyers, year with the Internal Rev- Reasonable Expectancy of he made during the past and Other Worthy enue Service as professor- Privacy,” 40 Knderbilt Law two years include ‘Wego- Adversaries.” in-residence and assistant Review 1077 (Oct. 1987). In tiating Patterns: A Behav- Stephen G. Wood to the commissioner. More 1988 the Criminal Practice ioral Perspective,” pre- recently, he presented Law Review republished his sented to the Sloan School Stephen Wood teaches papers at the Philadelphia “Search and Surveillance” of Management, Massa- courses in four different Tax Institute, the Univer- article. chusetts Institute of Tech- areas at the Law School: sity of Denver Tax Institute, Not limiting his work to nology; “The Role of Syn- administrative law; compar- and the Salt Lake Estate solely the classroom or thetical Thinking,” also ative law; labor law, includ- Planning Council Fall Tax research, Richard, with presented at MIT; “Creat- ing collective bargaining, Institute. Professor Lynn Wardle, ing Value in Negotiations,” employment discrimination, Stan has served as chair- drafted an amicus brief for an interactive presentation and workplace safety and man of the Utah Bar Tax the Missouri State Legisla- to the CPR Legal Program health; and international Section and director of ture for Webster v. Repro- Annual Meeting in Sea- business transactions. He is Utah Lawyers for the Arts. ductive Health Services, brook Island, South Caro- professionally active in all He is also a member of the -U.S. ~, 109 lina; and “Negotiating four areas. In the American Governor’s Task Force on S.Ct. 3040 (1989). Professor Development Projects on Bar Association’s Section of Individual Tax. Wilkins also participated in Behalf of Third World Administrative Law and a moot-court program in Countries” for the Interna- Regulatory Practice, Step- Richard G. Wilkins Washington, D.C., spon- tional Development Law hen is council member for Richard Wilkins is teaching sored by the National Asso- Institute in Rome, Italy. state administrative law a Civil Procedure I, Civil ciation of State Attorneys At the request of the vice-chair of the Task Force Procedure 11, Constitu- General. He prepared and American Arbitration on Federal/State Adminis- tional Law 11, and Civil presented a mock oral Association and the North- trative Relations, and a Rights Actions. He is the argument about a state con- west Center €or Professio- vice-chair of the Task Force author of recent publica- stitutional issue and then nal Education, the paper for a Center of State tions: “The Takings Clause: was part of a panel discus- “The ADR Dynamics of Administrative Law. He is A Modern Plot for an Old sion on the same issue. Lawyer-to-Lawyer Negotia- immediate past-chair of the Constitutional Tale,” Richard also served tion” was presented in Administrative Practice 64 Notre Dame Law Review on the BYU Off-Campus Washington, D.C. Also in Section, Utah State Bar.

38 UPDATE

Professor Wood and two entitled “Flexible Working China, the first from a dele- Utah-based divisions He of his former students, Don Hours: A Preliminary Look gation of 10 deans and vice- was recently promoted to Fletcher and Richard Hol- at the Phenomenon of Flex- deans from leading law the position of vice- ley, recently published an ibility in the American schools; the second from president for legal affairs article entitled “Regula- Workplace” that will be Jia Changcun, senior offi- and group counsel for the tion, Deregulation and published in the American cial of the Bureau of Legis- entire aerospace group. He Reregulation: An Ameri- Jourrial of Comparative lative Affairs of the State is headquartered in Ogden, can Perspective” in the Law Working with Chong Council Utah. BYU Law Review Professor Liu, a Chinese student Wood is a member of the attending the Law School, Bruce N. Lemons ’80 board of directors of the he has written an article Class Notes Following graduation, American Association for that contains the first Bruce took flight to the the Comparative Study of English translation of the then booming, and now Law. He is a regular partici- recently enacted Law of Douglas A. Taggart ’78 stagnant, Denver area and pant in the Council on Administrative Procedure Douglas is now with thc began practicing with Education Management’s of the People’s Republic of Ogden, Utah, office of Van- Holme, Roberts & Owen, Personnel Law Update, China and a commentary Cott, Bagley, Cornwall & where he is now a partner. making presentations on on the provisions of that McCarthy,. He practices in Bruce’s practice is princi- business, estate planning, pally in advising corporate taxation, real estate, and clients about the federal insurance Before joining income tax aspects of pro- the firm, Douglas worked spective transactions. In for Beneficial Life Insur- the last two years he has ance Company and in the published nine articles office of the Lcgislative relating to various tax sub- Research and Gcneral jects and is a coauthor of Counsel He is on the edi- “S Corporations: Federal torial board of the Utah Income Taxation.,” pub- Bar Journal and serves as a lished by Callaghan & member of the Legislativc Company. Bruce has spo- Affairs Committee of the ken on tax topics to many Utah State Bar. He has, groups, including the Inde- among other calls, served pendent Petroleum Asso- as a seminary teacher and ciation of America, the in two bishoprics. Rocky Mountain Energy Conference, the Tax Sec- Michael Harrison ’79 tion of the American Bar After graduation from the Association, thc Tax Sec- Law School Michael joined tion of the State Bar of Frandsen, Keller & Jensen, Texas, and the Virginia Privacy in Employment: Steven G Wood a small general-practice Conference on Federal Drug Policies, Personnel ._ firm in Price, Utah, where Taxation. Relationships, Searches, Professor Wood has he has remained. He served and Beyond” in 1988 and been particularly active in as a bishop from 1984 until M. Patrice Tew ’81 “Age Discrimination and the international arena He 1989 and is currently a Patrice began practice with the Middle Management played a key role in creating member of a stake Thomas R. Howard and Squeeze” in 1989. the interdisciplinary Inter- presidency. Associates and practiced He is a consultant to the national Trade Policy mainly in family, probate, United States Department course that the Law School Darryl J. Lee ’80 and corporate areas and of Labor and recently was offers jointly with the Ken- Darryl joined the law firm was involved in several an arbitrator in a dispute nedy Center for Interna- of McKcnna, Conner & interstate adoptions. She involving the Granite tional Studies and the Cuneo after graduation has done volunteer work School District in Salt Lake Marriott School of Man- from law school and worked for the Republican party, City. He enjoys the oppor- agement. He and professors in both their California and the American Heart Asso- tunity to work with law stu- Durham and Riggs are D.C. offices. He left the ciation, and the PTA. In dents on advanced projects. offering several Europe firm to join Morton the Church she served as a Hc and Alan Sevison, a 1992 seminars this year. He Thiokol, Inc With Thiokol primary president, in the third-year student, have was host for two visits from he was initially responsible presidency of the Young just completed an article the People’s Republic of for the legal matters for all Women, and as a teacher in

39 UPDATE the Sunday School and the moving to private practice, McPhillips, Fitzgerald, Court. She resigned her Primary. She is “tempo- Steve has specialized in Meyer & McLenithan in position as estate adminis- rarily retired” and living in environmental law, with Glen Falls, New York. She trator in the United States Las Vegas, Nevada. emphasis in water quality, is now living in Columbia, Bankruptcy Court for the Superfund, and hazardous- Maryland, and plans to District of Utah to accept a H. Daniel Fuller ’82 waste management. In June take the Maryland bar in scholarship at the Annen- Daniel started his own firm, 1989 Steve returned to the next few years. She berg School of Communica- Chapman, Fuller & Washington, D.C., to prac- passed the bar exams in tions of the University of Bollard, with two other tice with HoIland & Hart’s Virginia, Connecticut, and Southern California. attorneys in October 1987. office there. New York. While in New The firm has since added York Julie served as Relief Kirtlan G. Naylor ’86 three associates and is Connie Cutler Knowles ’83 Society president and Kirt worked for the Ada looking for more. His Connie is currently served in the presidency County, Idaho, prosecuting Irvine, California, firm teaching in the legal while living in Connecticut. attorney’s office as a deputy specializes in business assistant program of In Virginia she served as prosecuting attorney for litigation. Before striking Vincennes University in secretary in the Young two years following gradua- out on his own, Daniel Vincennes, Indiana. After Women organization. tion. He left public employ- worked for Paul, Hastings, law school she moved to ment to join the Boise Janofslq & Walker, and Wyoming and practiced in Kirk Wickman ’83 office of Imhoff & Lynch, a Call, Clayton & Jensen. He Cody and Casper with the Kirk continues to work with litigation firm. The law firm has served in the Church as firms of C. Edward Kirkland & Ellis, a 350- is known in Idaho for its a stake missionary, ward Webster I1 and Murane & lawyer firm based in innovative computer- mission leader, and elders Bostwick. Chicago, where Kirk’s assisted litigation system quorum president. primary work is and has represented insur- Gordon R. Muir ’83 representing investment ance companies in complex Stephen Jerry Sturgill ’82 Gordon joined the Reno, banks and corporate clients major-disaster litigation. Jerry was recently elected Nevada, firm Folson & on stock and bond to partnership in the Los Clark after graduation from offerings. Kirk also works Paul D. Rytting ’86 Angeles-based Latham & the Law School. In 1989 the with Kirkland’s leveraged Paul has practiced with the Watkins law firm. He works firm name changed to buyout and venture capital Bellevue, Washington, firm in their New York office. Hawkins, Folson, Clark, clients. He was elected to Hanson, Baker, Ludlow & Before joining Latham & Salter & Muir. Also in 1989, partnership in the firm in Drumheller since gradua- Watkins, Jerry clerked for Gordon obtained an LL.M. October 1988. Kirk serves tion, and he practices in Judge Eugene Wright of degree in taxation from the as a counselor in the real estate, banking, and the U.S. Court of Appeals University of the Pacific, bishopric of his ward in adoptions. His law review for the Ninth Circuit. He McGeorge School of Law. Homewood, Illinois. article “Immigration has been a member of the He practices in the corpo- Restraints on International Zoning Board of Appeals rate and business areas and Kevin R. Murray ’84 Adoption” was reprinted in and the board of directors in taxation and estate plan- Kevin recently left Jones, the 1988 Immigration and of Phillispe Manor Beach ning. His article “Using Day, Reavis & Poque to Nationality Law Review. He Club. Latham & Watkins Your Personal Computer to join Winstead, McGuire, has been teaching early specializes in corporate and Compute the Interrelated Sechrest & Minick in morning seminary for his business law, and Jerry spe- Interest Deduction on Dallas. He is associated stake. cializes in banking and Estate Tax Deferrals” was with the firm’s public/ finance matters. accepted for publication by administrative law section Darrell M. Harding ’88 the January/February 1990 and primarily practices Darrell is engaged in Steve Barringer ’83 issue of Estate Planning. environmental law. general practice with the After graduation Steve He has worked with the Virginia Beach, Virginia, worked for three years in Boy Scouts of America and Miriam A. Smith ’85 firm of Hayden I. DuBay, Washington, D.C., with the has served as Young Men Miriam recently completed EC. He is handling solicitor’s office of the president, elders quorum an Academy of Television everything from divorce Department of Interior, president, and second Arts and Sciences intern- cases to wrongful death where he dealt with water counselor in his ward’s ship at Warner Brothers under the Federal Tort and reclamation law and bishopric. Television in the Business Claims Act. He was called environmental law. In 1986 Affairs Department. Fol- as bishop of his ward one he moved to Denver and Julie Vick Stevenson ’83 lowing law school she month after moving to accepted a position with Julie has practiced with clerked for the Honorable Virginia Beach and just as the Denver-based firm of Ryan, Ryan & Kickey in George E. Ballif of Utah’s he was preparing to take Holland & Hart. Since Stamford, Connecticut, and Fourth Judicial District the Virginia bar.