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6-1-1998 Hastings Community (Summer 1998) Hastings College of the Law Alumni Association

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Recommended Citation Hastings College of the Law Alumni Association, "Hastings Community (Summer 1998)" (1998). Hastings Alumni Publications. 100. http://repository.uchastings.edu/alumni_mag/100

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a LETTER TO ALUMNI CAMPUS NOTES FACULTY NOTES Dean Mary Kay Kane takes stock of raculty­ - Symposium Focuses on Municipal Law. Ca tch up on faculty activities. blLilding' efforts and the establishment of - Knox Scho larship Benefits Richmond Students. Distinguished Professorships and Chairs. - Public Law Research Institute Hosts Visitors from Guam. - Gov. Wi lson Reappoints Jim Mahoney ('66). - 65 Club Prof Louis Schwartz Retires. ALUMNI RECEPTIONS II - Two Distinguished Appointments for Hervey Chair, Digardi Professorship. PICTU RE BOOK " CHANGING COURTS IN - Moot Court Successes. Las Vegas-Consumer A ttorn eys Association CHANGING TIMES" - The Law and the Fine Arts. Meeting, Latino New Bar Admittees Presented by the 1997 Mathew 0. Tobriner Reception-San Francisco, Memorial Lecturer, Judith S. Kaye, Chief Latino Chapter New Students Jud ge of the State of New York and Chief Jud ge Welcome Reception, Orange County New of the New York State Court of Appeals. Bar Admittees Reception, State Bar Reception-San Diego, Fresno Alumni Luncheon, CLASS REUNIONS Riverside-San Bernardino A lumni Reception, Classes from the '30S to the '80S gathered at the Los Angeles New Bar Admittees Reception, II Westin St. Francis in eptember 1997. San ta Barbara A lumni Reception, Hawaii New Bar Admittees Reception. A CANDID CONVERSATION

ABOUT TRIALS At a Continuing Legal Education program, seven nationally recognized trial lawyers shared their experiences, techniques, and strategies for winning at trial. THE SIXTH ANNUAL CLASS NOTES ATTORNEYS GENERAL FORUM Ca tch up on your classmates' activities, Three former u.s. Attorneys General discuss including Work Day in L.A. and the relationship between the Attorney General two recent graduates who have and the White House Counsel, vacancies in won fellowshiP honors. federal judgeships, judicial activism, and ALUMNI PROFILE affirmative action. Rachelle Chong ('84) was one of the youngest Commissioners and the first Asian­ A merican to have served on the Federal Commrmications Commiss ion. Do You HAVE A JOB FOR A HASTINGS STUDENT OR GRADUATE? ON THE COVER : Parricipa nts m the ContmUlng Lega l Educat IO n pro· ATTORNEYS GENERAL gram ':A Candid ContersatlOn About Tr wls" u'ere, left RECEPTION You NEVER WRITE , to right, standing, nationall y promment rna llau'yers You NEVER CALL DIana E. \1arshal1, Roberr S. Bennert, Gerry Spence, James]. Brosnahan, and Joseph \\' Cotchett ('64). Left Let us hear from you. to rI~ht,leated, pane lLlts Joh nnie L. Cochran, Jr. and Le.llle H. Abramson, and moderator Gregg Jarrett (' ), Court T \ ' anchor. H lghll~hLI from the program are on page~. (Photo· Susan \ age/) 11 ,\ :-; '1' 1 :\(; :-;

SUMMER 1998

he building of Has tings as a members. Thus, I thought this might be in this issue yo u will read about the nam­ T nationally recogni zed law school an appropriate time to take stock of the ing of Roger Park (formerl y of the can be traced directly to the cre­ successes of our "faculty-building" efforts. U nive rsity of Minnesota) to the James ation of the 65 Club Faculty by In each iss ue of The Co mmunity, the Edga r Hervey C hair in Litiga tion and of Dean Snodgrass. The addition to the Faculty Notes ection includes pecific Has tings' own Joe Grodin to the John F Hastings faculty of those men with their detail s about scholarl y papers prese nted, Diga rdi Di stinguished Professorship. incredible talents, energies, and national books and articles published, and awards Further augmenting our ranks this fall as reputations brought immediate promi­ received by va ri ous indi vidual faculty Distinguished Professors will be C huck nence to the College and allowed the members. The Community al 0 includes Knapp from the New York University College to prov ide a premier legal educa­ an annual report listing faculty publica­ Law School faculty and Steve Lind, who tion to its students. It is a part of our his­ ti ons and spea king engagements so as to fo r several yea rs had a split appointment tory that makes us unique in legal educa­ provide so me insight into the breadth between the Unive rsity of Florida and tion and illustrates the College's long­ and depth of the abilities and talents that Hastings, but now will be at Hastings full­ standing commitment to offering only my colleagues possess. Those refe rences time. C huck teaches in the contracts/ the best. provide the details that I could not possi­ commercial law fi eld and is the author of In past columns I have opined about bly cover in this brief message. What I one of the nation's leading contracts case­ the changes in the federal laws that effec­ would like to do is to focus on three books; Steve, as many of yo u already tively made impossible our ability to con­ things that, to me, are evidence that we know, is a preeminent authority in feder­ tinue to focus on the building of the 65 have been faithful to our commitment to al taxation, with case books in basic Club Faculty as the primary mea ns to maintain a faculty that is the envy of income, corporate and partnershi p, and ensure our continuing success. Indeed, other institutions and that is looked to estate taxation, as well as a leading trea­ even the 65 C lub members themselves for leade rship in the legal profession. tise in the estates and gift area. recognized in the 1970 that the College Fi rst, the decision to establi sh a se ri es Profe SO l' s Knapp and Lind will join would be benefited by hav ing among its of Di tinguished Professor hips and two other coll eague who already have fac ulty not only senior individual of C hairs- and to seek their endowment been awarded Distinguished Profes­ such great distinction, but also new and through priva te gifts-has all owed us to so rships and who we re profil ed in earli er yo unger members whose promise and attract to the facul ty people of the is ue of The Community, Bill Schwarzer abilities suggested that they ultimately stature, but not necessarily the age, of the and Rick Marcus. All of these individuals could "fill the shoes" of the 65 C lub mem­ famed 65 Club members. It also has we re appointed to their positions after a bers when they decided to retire. all owed us to recognize and promote thorough search for "the best," and their Accordingly, fo r the past seve ral yea rs we from within our own ranks ind ividuals files are replete with letters f rom respected have been engaged in the recruitment of who have demonstrated the sa me nation­ yo unger-but still outstanding-faculty al reputation for excellence. For exam ple, (con ll nuecl on next page )

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L ETTER TO AL M I connnll"J from page I

academics at other prominent law schools ince h is clerkship has spent several years named the Deputy Director of the throughout the country pointing to the working at the highest levels of the federal Associatio n of American Law chools, the excellence of their contributions, both to legislative and administrative realms. He primary law school professional associa­ the legal profe sion in general and to legal se rved fo r three yea rs as counsel to the tion; and I recen tly was pri vil eged to have education in particular. T hese letters also Senate judiciary Committee's subcommit­ been appointed to the ABA/ AAL joi nt expre s a sense of envy as to our ability to tee on the Constit ution, was the Assistant Commission on Financin g Legal attract and retain such outstanding schol­ Director to the National Economic Educa tion and to the Council of the ars and teachers at Hasti ngs. Council at the White House, and current­ Ameri ca n Law Institute. These appoint­ econd, the regard in which a particular ly is working in the General Counsel's men ts all provide Hastings wi th greater facu lt y i held nationall y often is seen in office at the Federal Communica tio ns visibility natio nall y, but what is pa rticular· its abi lity to attract others to join its Commission. As a sideline, since 1996, he ly uniq ue about them is the fact that rank. T his includes both lateral candi­ also has been the Editor of The Federal Hastings is the onl y law school to have dates from other in titution ,a well as Sentencing Reporter, whi ch is published o ne of its facult y members on each of entry-level ca nd idates. On each of the e annuall y. G ive n h is broad-ranging inte r­ these majo r governing bodies. front we have had remarkable successes, est and experience, he will be teaching In sum, the Hastings fac ulty of today convincing some of the best fac ulty cour es in criminal law, telecommunica­ remains on of the preeminent groups of prospects in the cou ntry to join Hastings tions law, and administrative law. legal academics in the U ni ted States. We over other schools, in part becau e of the T hese two most recent fac ul ty addi­ may have changed and broadened Ollr exciting community of teachers, scholars, ti ons wi ll join several other colleagues ranks, but as seen in the facul ty we have and tudents they see here. Not only have whose pr -Ha tings experiences have added, we have remained true to the we b en able to build our faculty at the ranged from United States Supreme vision and t radition started by Dean top ranges, as just described, but at the Court clerkships to wo rking in the U. Snodgrass: namely, to have a fac ulty whose middle and entry levels as wel l. Atto rney' office, in addition to having skills, talents, and reputation are recog­ This is ill ustrated by two new colleagues significant private practice experience. n ized as provid ing an educa tion that is who will be joining us th is next year. First As I hope these brief descri ptions convey, second-to-none in the nation. is Vik Amar, who fo rmerl y was at the we clearly are attracting the best and the niversity of California at Davis and is brightest, ensuring that the strength of viewed as one of the "hotte t" constitu­ the Hastings fa culty remains a hall ma rk tio nallaw scholars of his generation. Let of this institution. m share just a little about him so that you The final indication that Hastings is can understand why I describe him that recognized among its peers as having a way. Vik is a graduate of Yale Law School stellar facult y is reflected in the fact that who clerked on the Ninth Circuit for Has tings faculty member have been Mary Kay Kane judge o rri and on the United States sought to play leadership roles in a wide Dean upreme Court for justice Blackmun. He array of legal education and law reform practi ced with the Gibson, Dunn & settings. Of particular note in this regard rutcher firm befo re joining the Davis is that in everyone of the major national law faculty in 1993. In the five year in profes ional as ociations fo r legal educa­ which he ha been in law teaching, he has tion and the bar, Hastings facu lty mem­ written some Ulaw review articles in the bers appear not only on variou programs con titutionallaw fi eld, ha been a visiting and as members of important committee, profe or at CLA and Boalt Hall , and but also as member of the governing ha- en 'ed a an invited speaker o r pan­ boards of those most important groups. elist at over 30 different conferences or Thus, Keith Wingate is a member of the event . Law School Admission Council, which Our econd new addition is at the entry governs the L AT; Leo Martinez is a mem­ level. Aaron Rappaport al 0 is a graduate ber of the Law Acces Board, which i the of Yale, clerked on the First Circuit for major clearinghouse for private loans for judge (now justice) tephen Breyer, and law students; H.G. Prince has just been

., 11 .\ :-: '1' 1\ 1;:-: "Changing Courts in Changing Times" CHIEF JUDGE OF THE STATE OF NEW YORK JUDITH S. KAYE DELIVERS 1997 MATHEW O. TOBRINER M EMORIAL LECTURE udge Judith S. Kaye began her a mi x of punishment and trea tment to Mathew 0. Tobrine r Memo ri al craft a more mea ningfu l inte rve ntion DL ecture by echoing and enlarg­ than 'time se rved.' Defendants convicted ing Mathew O. Tobriner's chal­ in this court-and only those who plead lenge to yo ung lawye rs. She sa id, "We need guilty remain in the court-are generall y advocates of change to think eriously not required to pay back the community by Hon. Judith S. Kaye s/Jo ke to 65·Club Professor only about the exquisite nuances of the performing community se rvice: removin g Ray Forrester's constitutiona l law class before she deli vered the Ma thew 0. Tobriner Memoria l law, but also about the day-to-day func­ graffiti, clea ning subway stations, so rting Lec ture. As the judge who /Jres ides over the high­ tioning of the courts." materials for recycling. This se nds a me - es t court in New York , Judge Ka ye holds two Judge Kaye does not believe that speedi­ age to defendants that even minor titles: Chief Judge of the State of New York a nd Chief Jud ge of the New York State Court of er processing is the solution to handling offense do harm that must be repaired. It A ppeal s. She is the first woma n to occup y tha t the rising fl ood of ca es that are brought also lets the community-law abiding and State judiciary's highest office. on by societal change. In her wo rds, law breaking alike- see its just ice sy tem "Justice is not a widge t .. . [We] must begin at work .... exemptions .... We have reduced our to think of the field of court administra­ "By zeroing in on quality-of- life crimes, terms of ervice to one day or one trial in ti on much more creatively.... Changing the cou rt is a working laboratory for 'bro­ 58 of the 62 counties in the State. We've social realities have brought courts not ken window' theories of criminal behav­ spruced up jury rooms, increased compen- only more cases, but also more social issues ior- the idea being that just as one broken ation to $40 a day, conducted public that are fru trating the other branches of window left unrepaired invites more van­ awa reness' training for our per onnel, se t gove rnment: case involving drug addic­ dalism, so other forms of social disorder up a juror hotline, experimented with an tion, homeless ness, juvenile crime, [and] left unchecked invite more crime." ombudsman se rvi ce, and will shortly have family violence. Each case ha its legal Focu ing on fam il y court i sue, Judge a juror newsletter. And we're using cut­ issues ... but it may also involve social Kaye said, "Perhaps more than any other ting-edge technology- like the tele­ issues that challenge the effectiveness of court, the outlines of the Family Court ph one- to minimize the time jurors waste our traditional adjudicative models." docket are etched by the forces of social waiting to perform their civic duty.. .. Experiments in court reform in her change and most e pecially in recent years. "More ubstantive jury reform- note­ ow n state involve the institutions of the ... When crack hit the streets of New taking, question-asking, deliberating alter­ criminal and family courts and the jury York City in the early 1980s, the number natives, reduction or elimination of system. She sa id, "1 desc ribe [these experi­ of neglect fi lings skyrocketed ...." Judge peremptory challenges, less than unani­ ments] so yo u wi ll start a king questions Kaye said that, taking as a model the crim­ mous criminal ve rdicts- all these mea­ like what works, what doesn't, and why, inal drug treatment courts, New York has sures again raise a host of issues worth and at what price?" experimented with focusing "the court's debating. Do we dare loosen the bonds of Since the 1960s, New York State's court attention not on formal legal issues, but on the adversa rial system, where lawyers and ystem has been centrali zing the criminal the parent's progress in drug treatment." judges strictly control all information pre­ courts, inc rea ing their efficiency, but Concerning the jury system, Judge Kaye sented? Should jury trials be more focused Judge Kaye sa id, "Justice [had become] noted that tudies in New York had "found on sea rching for the truth or protecting so mething done to someone 'downtown,' that most citizens actuall y rated their jury individual ri ght ?" without any particular connection to the duty experience somewhere between a tax In conclusion, Judge Kaye quoted community that has been injured by the audit and root ca naL And why shouldn't Arthur T Vanderbilt, the Dean of he r conduct." Also, with increasing ca eloads, they? Courts tend to run their jury sys­ ow n alma mater, New York University most court resources were focused on the tems with an eye to the conve nience of School of Law, who once observed that mo t erious matters, with low-level judges and lawyers, not the citizens being "Court Reform i no sport for the hort­ offenses often being pleaded out with called to se rve . . .. Heedless treatmen t of winded." She added, "If noth i ng else, I am "time served" as the sa nction. jurors undermines the ultimate ource of a sure my remarks today will convince you A model program in New York that court's power and authority- the public's that 1 am aerobica ll y qualified for this job. seeks to restore individuality and account­ trust and confidence." 1 urge yo u to start training now- because, ability to the high-volume criminal justice To try to combat this problem, New while my remarks are now concluded, the system i the Midtown Court, which "uses York "abolished all of our occupational last word on the topic is nowhere neaL"

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A Candid Conversation About Trials Court TV and Nationally Prominent Trial Lawyers at Hastings for CLE Program

even of the nation' mo t promi­ if yo u start out yelling at the jury and each case. But, a a general rul ,it seems nent trial lawyers, including some of that was a bi t much, yo u ca n't to me that if yo u know that the other side Hastings grad JOE COTCHETT build and bring them along with you is going to hit you very hard with it, it is ('64), offered a three-hour C LE graduall y. 1 certainly agree that ... under­ best if you ca n neutrali ze it in so me way. course on trial advocacy skills at the law statement when you start is great, because COTCHETT: 1 wouldn't give an opening it's got to be a proper seduction. And school o n November 7, 1997. The panelists statement without visual aids. 1 want to also included well-known litigators Gerry remember, too, that opening statement is show clips from the depo ition's video. If I Spence, Leslie Abramson, Johnnie a very impo rtant time to build a relation­ could get away with it, 1 would use rock­ Cochran, Jr., Robert Bennett, Diana ship. Why not tell them traight from the ets going into red glare ... becau e you Marshall, and Jim Brosnahan, with heart exactly as you would talk to a f riend want to sell America. You want to sell in Ha tings alumnus and Court TV anchor or a neighbor7 Build trust. Don't lawyer that opening statement that yo u are the GREGG JARRETT ('80) erving a the them. Don't act like a lawyer and ye ll and person representing the individual who panel moderator. The program was broad­ pose and posture. should prevail and that's what America's cast nationally over the Cou rt TV JARRETT: Bob Bennett, let me turn to all about. You want to let them know, at Network on May with subse­ 25, 1998, you. You've got a problem with your case. the outset, folks, these are the facts, yo u're quent broadca t schedul ed for later in Do you volunteer a little bit of that weak­ going to see these clipboa rds, yo u're going the year. nes in your opening statement? to see this document. The fo llowing are excerpts of some of the ob ervations that were made by the BENNETT: 1 think it's ve ry fact-specifi c, JARRETT: Jim Brosnahan, let me go to paneli sts concerning variou aspect of and you have to make that judgment in yo u. You've deli ve red, according to my a trial. count, 126 opening statements. Surely yo u've figured it out by now. The studies show that juries reall y have an attention span of about 15 to 20 minutes. JARRETT: Research has shown that BROSNAHAN : That may be shorter most juror return verdicts that are con­ ·· ... Understatement than it was 20 years ago. "Good morning sistent with their impression made during ladies and gentlemen, 1 represent Kevin opening tatements. What do you ay in when you start is Barry Art. Eighteen R.U.e. officers broke your opening statement? into hi home in Belfast and took him to a ABRAMSON: You're upposed to be giv­ grea t beea use if s place that wa designed by the Bri tish gov­ ing a slightly les than totall y vivid picture ernment for the purpose of interrogation of the story that your case will tell abou t got to be a proper without lawyers, without air, without a the events in question. You're not sup- clock, without any friends, without fami­ po ed to be arguing what it all means, but seduction. Why not ly, and kept him for eight days." The you're supposed to be laying out what it is recitation of facts, one after the other­ you're going to prove. tell them straight young lawyers need to practice that. COCH RAN: In every ca e that 1 try, 1 BENNETT: 1 bet each of us tries a case have a theme. And 1 tart that theme with frOln tbe heart exac tly much quicker now and much more sim­ the opening stat ment. Your first impres- ply now than when we tarted.l know ion that you make with the jury i very as you would ... a that 1 do. 1 think the Ie son that I've important. And what you're doing as a learned in 30 years in this business is that lawyer i you're building credibility. 1 tend friend or neigh borr· you over-prepare you r ca es and you to try to understate it if at al l pos ible. If under-try them. 1 mean, Jim Brosnahan's statement was just a terrific opening, you O\'er-promise, it's going to come back -Ol.-\\,JA M ARSHALL and hurt you. what else does he really have to say? MARSHALL: 1 try to leave myself ome place to go because you've gOt to build, so BROSNAHAN : I had a cl ie nt once who was as ked why he had ca lled the District JARRETT: If it's true that trials are won Attorney's office, and he said, "God told on the strength of yo ur case-in-chief, me to." And we had not prepared that direct examinati on of witnesses will "Il'sa ve rydirlitli ll ju ry-that wa not in the preparation ses­ prove decisive. You'r a pl aintiff's atto r­ sion, so we got an ea rly lunch break. But ney, Joe Cotchett, how much do yo u pre­ III i I1 g f'or a wi ll1(lSS in the final argument, 1 sa id in his pres­ pa re yo ur client to take the witness ence: "I apologize to the jury. I'm sorry to stand? How much is choreog raphed? Can 1.0 ha V(:l a .ill ry look al say this about my cl ient. I do care about yo u go too fa r? him. I' m sorry to say it, but he's strange. h i In, l he j 1I dgt 100 kill g He' un usual. He' a lot of things. Bu t he i COTCHETT: Sure yo u ca n sure go too not guilty of criminal tax fraud, and that far. You ca n lose a case right in that testi­ dowil 011 hj In ... mon y. If the jury perceives for a moment i the issue he re in this case." So some­ that this is coached testimony yo u are fini, opposj I1 g cO li nsel times it ca n be the defense. stop the case, apologize to the jury, and COTCHETT: If yo u've got just the worst leave. Can yo u prepare a witnes for the witness in the world, yo u'd better change witness stand? You bet yo u ca n, and you sj Lli ng over Lhere ready the focus and put the foc us on yo u and better. But if you try and coach a perso n not the witness. The other old adage is other than what that individual is, yo u're Lo pillory him ... and when yo u're trying a case, yo u put yo ur through. best witness up first, yo ur next-to-best "lots of limes dients witness up las t, and yo u package all the MARSHALL: Rehea rsal is one thing. Preparation is another. The mo t impor­ don'l vvant to show crap in between. tant thing about witness preparation is to COCHRAN : When yo u have a client talk to the witness a lot so that yo u hear who may be unattractive and unpopular, for sure every weird idea and thought elTIotionwhen emotion yo u try to turn yo ur client in to the they have had, because they've been underdog; yo u make yo ur client David wa tching television and they're prepared should be shown." against this Goliath. with omething that they want to say that - GERRY SPENCE BROSNAHAN : Everybody on thi panel they think is going to win that case. So would love it more than anything else to yo u have to tell them, ca refully, thorough­ be told that outside there is a SOO-foot ly, that they don't have to do that and get go rilla and yo u are the only person who it out of them beforehand so you won't be ca n go out and neut ralize the situation. surprised. Because I'll tell you what, I have That is one of the most exciting as pects. seen the devil, and I have tried to fi gure This is the part yo u have to try and con­ out how to cast him out of my client's clear liability. And 1'm saying to her these vey to yo ur yo ung associates when yo u say, body. And I can tell yo u, we have all seen questions that would bring out her feel­ "This is a fabulous case, they caught him in .. . a witness get up on the stand and it's ings about her daughter, and I hadn't at the bank with the photographs holding an adventure that yo u just can't believe . .. that time lea rned that yo u say to yo ur the money, they have the finge rprints, and I guess the poltergei st came out of the TV client, before yo u get go in to the court­ they ca me to us!" And the associates don't and got at him last night or something room, "Look Marie, yo u're a human being, immediately see wh y, but we do. like that. It ca n be horrible if yo u don't the jurors are human, and I'm a human talk to them enough to find what they JARRETT: O ne of the most common being. It's okay. Look at this jury like think they ough t to sa y. mistakes I see is lawyer with their own they're yo ur friends, pretend these are witnesses over-trying the case. SPENCE: Lots of times peopl e don't yo u r best friends, and yo u ha ve to ex pres understand that it's all right to be a to them so mething that's ve ry pa in ful to COCH RAN : You ca n over-try yo ur case. human being. And it's a ve ry difficult yo u. If yo u look at them as strangers that Back to what Bob Be nnett sa id, I think, thing for a perso n to be on a witness stand yo u don't wa nt to talk to or that yo u're on the theory of modern jurisprudence, and have a jury look at him, the judge afraid to talk to or to show yo ur emoti ons shorter and less is probably better. looking down on him, lawye rs asking him to, they'll think yo u're cold." A nd that's q uestions, opposing counsel sitting over exactly what the jury thought in that case Cross E\illllillil\iOll there making notes ready to pillory him, and returned a ve rdict that was half the so it becomes a frightening propos ition size of what it should be. I as ked so me of JARRETT: All of yo u are fa miliar with fo r him and lots of times clients don't the jurors afterwa rds why they did that the quote by John W igmore in hi s t reatise wa nt to show emotion when emoti on and they sa id , "Well , the mother di dn't on evidence: "Cross examinat io n is beyond should be shown. So I had this mother on see m to care much about her da ughter"­ any doubt the greatest legal engin e ever the stand ... 1' ve got a suit aga inst General all she was doing was t rying not to cry on invented for the discovery of t ruth." Motors, and she's 10 t her daughter and the witness stand. SPENCE: Cro s examination is not to I'm beginning to talk to her about her BENNETT: W hat do you do when yo u make the witness say, "I lied." Cross exam­ relationship with her daughter. There is have an unattractive plaintiff? ination isn't to produce, as in Perry

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lason, a witnes to ay, "1 did it." Cross cross, and 1 am going to chew that person challenge of cro s examination today i examination i- to test your tory of you r up. 1 think that's an eno rmous mistake. So dealing with professional witnesse . The ca -e, our theory of your case against 1 think soft is usuall y better than hard. accountant, the DNA speciali st, the J oc­ theirs. nd in cros examination, 1 si m ply MARSHALL: Let me say that one of the tor, the forensic cienti t, and that' the tell my story. Let me give yo u an example. things that you don't do that we all see so real challenge, becau e that's not where If 1 were repre enting one of the pa rtie often is the quibbling over whether or not yo u go in with a depositio n or yo u play in Jack and Jill of "Jack and Jill Went U p the witness sa id exactly what 's in the lead cute. What do yo u do to de troy the credi­ the Hill ," my cross examination would depo ition. Rea ll y irritating. You will be bility of that doctor from Harva rd or ound like this. "Jack and Jill we nt up the amazed at how man y hours go on in the wherever he o r he may be from, who' h ill , i n't that t rue?" 1 don't ca re what his courtroom with somebody impeaching got a pedigree a mile long, whom yo u have or her an we r is. 1 have a right to te t my over a nit-picking, nothing distinction. It t challenge because that is the key evi­ dellCe. You run away from that per on's theory, my tory, in the ca e and it's told de troys yo u r elega nce, and yo u know imply by stating the fac t with the words, what happen ? You become a nit-picking direct testimony, and yo u take him on a "Isn't that t rue?" whole se parate area. "Docto r, let' talk C hihuahua instead of a golden retrieve r. about the areas yo u didn't cover on direct," JARRETT: What we see more often You want to be that golden retrieve r, yo u than not are lawyers who apparently feel don't want to be the nit-pi cke r. and then yo u ask yo ur questi ons. And th e compelled to cross examine a witness master of that over the yea rs that I' ve seen COCHRAN : You do not try to impeach was Joseph Alioto, who didn't ca re what when perhaps they don't need to, and all on matters that are irrelevant o r not ve ry was aid on di rect, but he would pre ent they end up doing is repeating the direct im portant to yo ur case. You impeach on his entire case on the questi ons. You have examina tion and reinforc ing what in her­ the majo r things. ently hurts them. got to kee p prese nt ing yo ur theory of the COTCHETT: 1 think one of the great case to the jury through the questi on yo u BROSNAHAN : M y first goal, and 1 sus­ as k. No question tha t cases toda yare pect 1 sha re this with the panel, i don't turning on the battle of the ex perts. O ne get hurt. Don't do anything that will hurt doctor will say this, another doctor will yo ur case. That sounds so simple, but it get o n the stand and say di ametrica ll y the rule out about 80% of the things yo u opposite. It is really the bottom line of mi gh t th ink about trying. That's number who likes the doctor on either side. And one. N umber two, yo u take omething the that bring u back to human qualities. 0 wi tness has alread y sa id somewhere and 1 spend a lot of time when 1 put a doctor yo u put it in the forn, of a questi on. The ·'A mother get" up on on the stand (when 1 say doctor 1 mea n an doctor with the medical report, the coro­ accountant, an engineer, whoever that ner with the report, the deposition. the stand and says may be). 1 want to talk about "Dr. Jones, Whatever that i . A nd yo u ay, "1 n't it whe re do yo u li ve?" "llive in Holybrook true," and yo u u e the sa me words thi her son \;vas home in Massachuse tts." "How man y children do witness u ed somewhere else. It's a short yo u have?" "I've got three children." "1 q uest io n, maybe four wo rds. You know bed at the time of the don't wa nt to bo re the jury, but what are the answe r. You ca n't get hurt. In fact, for their ages?" "A, B, C , and D." 1 want to ome of us, it's the closest to a vacatio n robbery. You don't go point out that he is soccer coach, 1 wa nt that we get to at that point, because yo u to point out that he is a ve teran. l want to can't get hurt. A nd when yo u mine the after a mother for point out all of those touch factors, as 1 material in a case, it is surprising to me call them. I want that doctor to touch or how often yo u ask a question, yo u don't that expert to touch the jury. ca re what the answer is. being a l1ar. Juries COCHRAN : They've also got to make it BENNETT: 1 think a good cro s examiner vvould prefer to a simple as po sible. You have these is like a guerilla figh ter. They ge t in real expe rts who speak in some other lan­ quick with the "Isn't it true" and "Isn't it a conclude that people guage, if they have medi cal speak or fac t that. .. ?" and then they get out. But accountant speak, o r whateve r, yo u will the whole second thing yo u have to think have misguided lose these juro rs afte r a period of time. about is your approach to the witne ,too. You've got to break it down so that the Hard ell , soft sell. A mother get up on loyalties ... or have regular juro r tend to understand and the stand and ay her son was home in how it ti es into yo ur case. bed at the time of the robber y. You don't go aft r a mother fo r being a lia r. Juries luisplaced their faith ABRAMSON : I ee a lot of lawye rs who, would prefer to conclude that people have when they ge t a complicated ca e, they mi guided loyalties. They'd rather feel that j n somebody." run out there and they as k other lawye rs people are making mistakes or have mi - who's an expert in thi , and they hire the - ROBERT BENNETT placed their faith in somebody, and 1 see a expert and then they expect the expert is lot of effective cros examination that is the Eveready bunny and out it pops and 10 t becau e there' this macho boy- this is that's all yo u have to do. You don't hire an expert to do the lawyering. If yo u need a 11 .\ ST 1:\ r: s .. .

medical expert, learn the medicine, consistent with what you're aski ng them to because you have to take the medicine do. You gi ve them the cou rage to do that. through your lega l kills to make it into MARSHALL: You alway want to have a something that can be communicated for memorable slogan, if at all possible. your purpose to the jury. I am impressed Because there's goin g to be a moment with an expert who never appears to be when they go afte r final argument back biased, who will concede the obvi ous areas .. He IrH \ III bel' lIwl l h( \ there to deliberate, and you're not there of controve rsy, who has a very reasonable anymore. So yo u have to give them a few explanation for an opinion, and wh wi ll avPl'age Alnel'iCi:1 11 memorable phra es to argue in your never look like ju t a hit-person for behalf when yo u're not there. money. And that take tremendous expe­ loday spends rOll I' rience as a witness. 0 if I have to choose BROSNAHAN : Every case ha a way to between board ce rtified wh doesn't and a hal C h0 II rs i 1.1 argue it and it may differ, depending on know how to get around a prosecutor's who's defending it, where yo u can nail cross examination an I non-boa rd certi­ Crolll or lhe that case. And that haunts you. There's a fied who knows how not to get riled, I'm way to do it. When do you start to think al wa ys goi ng to choose the second one. 1 lelev ision. [C yo u about that? When the case come in. have been so burned by highly c reden­ That's when yo u tart to think about it. tialed people who come ac ross totall y don·t loda y~ ina The second step is yo u pick the jury. First unbelievable. rule of rhetoric, know yo ur audience. It's major case. use video these l2 people, it's not America, it's not anybody else, it's the e 12 people yo u've graphiGs, you\·e built up yo ur good will with, now what JARRETT: When it comes to courtroom argument wi ll work with them. demonstrations, exhibits, and what some (:ommittj ng ca ll theatrics, we are, I think, a product of COTCHETT: 1 would just take Johnnie's our environment. The mediums of film way and elevate it one tep further. Not and television have trained jurors to malpractiGe.'" only do yo u put them up there on that expect drama. If you don't give them pedestal, by that 1 mean you tell them -JOE COTCHETT something visual, omething riveting and how important their role and their duty fa cinating, they are likely not to pay i , but then yo u have to give them a attention. 1 think that the bigge t mistake moral reason-yo u've got to make them that lawyers make in a courtroom i not walk out of there and want to do what doing enough vi sually. you ask them to do. COCHRAN: If you think back over any COCHRAN : I keep a pad during the trial recent trial, the things that you remember where 1 write down points for closing are the things that were graphic. Everyone argument. I was thinking about ways I will always remember a knit cap or a glove that box in front of the jury because could translate and help a jury understand demonstration. Those are the things that they're going to look at it-and they're about pain. 1 was in a drugstore, and 1 saw jurors can focus on. When this is all tied going to believe it, if it's coming across on all thi billion-dollar industry. 1 was walk­ into closing argument and when the that little camera. If it's coming across on ing down the aisles. 1 wrote a note about jurors come out and they quote the that TV, it is believable. That's the mode this billion-dollar industry, because nobody lawyers, then you've won that case. You they are into. That's their lifestyle. You've wants pain, to try and translate that. give the jurors something graphic to hold got to use graphics. onto. It makes a big difference, and it's SPENCE: I begin to create the closing been very helpful in my career to have argument when I first see the client. And those kinds of things. (~I ()s i I) g J\ log llll) (\ tll I'm writing the closing argument before I've even gone into court. I'm writing the COTCHETT: You've got to give the jury JARRETT: We move to our last section, closing argument because 1 want the a hook. It's the hooks they have to hang closing argument. You should never refer structure of the case in my mind to begin onto, to give them the ability to find for to it as summation. It is not as simple as with .... Facts are not to be used in a yo ur side, whoever you're representing. reciting facts. The key is the word argue. chronological way in a closing argument; This presentation today summarizes it all . You must argue. Would you imagine this program without they are paint that you paint a picture those videoclips? Remember that the aver­ COCH RAN : You try to elevate every­ with. You are not there to be a calendar, age American today spends four and a body's thinking to a hi gher level so they rise you are not there to make a chronological half hours in front of the television. If above it; this is the most important deci­ statement of what happened in the trial. 1 you don't today, in a major case, use video sion they're ever going to make in their also don't think you can do it reading a graphics, you're committing malpractice. 1 lives. And you drive that home. When you note. But you may have written it out; I will put anything on a box, and 1 will put do that, you will get a verdict ge nerally always write it completely out.

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ALUMNI PROFILE I RACHELLE B. CHONG '84 Totally Telecom by Judy Lane

igh t up until she took that media nica tions experience, knowledge of law cl ass from UC Berkeley admini trative law, and boundless ene rgy Profe sor Alexander G reenfeld, to the Commission. Senator Dole's con­ RACHELLE CHONG ('84) cerns we re quickly allayed when she met was planning fo r a future in broadcast with his staff and apparently impressed jou rnali sm. "'Rachelle,' " sa id C hon g, them with her knowledge of the iss ues. Rachdle 8. Chong ('84) mimicking G reen fe ld 's voice. "'There's no A tockton native, C hong is the future in journalism. Woodward and you ngest of three third-generati on Asian­ fall back on, if something happens to yo ur Bernstein are fl a hes in the pan! There's American children. Her paternal great husband,'" she recall ed with a good­ no money, and yo u'll start out in grandfather came from Can ton to the natured smile. "1 didn't let it deter me." Timbuktu. The law is whe re yo u need to U nited States during the 1849 Gold Rush. Their skepticism soon turned to pride a be. You'll get to try libel uits and live in He became the head ga rdener fo r the the entire C hong clan was on hand to see exciting place like New York and President of the Southern Pacific Railroad. Rachell e sworn in as the first Asian­ Washington, D.C.'" As is the C hinese custom, when he aged, America n FCC Commissioner by Supreme She took her professor's ad vice- ri ght he returned to his homeland to die. Now Court Justi ce Ruth Bader Ginsburg. to the top. In 1994, President C linton it was her grandfather's turn. He came to "It was the thrill of m y life having my appointed C hong to the Federal Com­ California when he was ju t 13 and rose whole fam il y there. I only wish my moth­ munica tion Commission. At 34, C hong from a dishwa hing job to running a dry er could have lived long enough to see wa one of the yo ungest Commi ioners goods store in San Rafael. He se nt for her me," she said. C ho ng's mother passed ever named to the fi ve-member panel and grandmother, to whom he had been away from brea t cancer before her con­ the fir t A ian-Ame ri can. betrothed since he was a small ch il d, mar­ firmation. "The first outreach f rom the White ried, and had four children- the yo ungest C ho ng pa sed on a chance to wo rk at H ouse to me was very 'Nineties'- I got a of whom was C hong's fathe r. Her grand­ the FCC o nce befo re. She was recruited mes age o n m y answe ring machine from pa rents put all four children through U C by the FCC General Cou nsel's Office in the White H ouse transition team," she Berkeley, starting a Cal family traditi on. 1984 when she was in her last year at recalled. "1 thought it was a joke. But "My grandparents lived the Ameri ca n Hastings. But she chose instead to go into when I called back, 1 was astounded to Dream. Their chi ld ren became a medical private practice fo r a now-defunct find it was the real thing!" docto r, t wo optometrists- including m y Washington law fi rm, Kad ison, Pfaezler, There was an opening on the FCC for a father- and one teache r. All Cal grads. Woodard, Quinn & Rossi. Kadiso n had a Re publica n. After the Republica ns, led by And let me add that th ree generatio ns of top communicatio ns law group. With Sen. Robert Dole, R-Kan ., rejected some C hongs have marched in the Cal Band," encouragement from Hastings Profe so r other ca nd idates fo r the job, purportedly she notes proudly. John Diam ond, she pursued her ardent because they "weren't Republican C hong was editor-in-chief of the new - fascinati on with the concept of wireless enough ," the C lin ton transition team paper of Lincoln High School, where he phones by representing clients in ea rly began an exte nsive earch. They wa nted a credits her journalism teacher, G ary licensi ng of wi rele s phones. She bega n to lawyer who su pported the noti on of an Daloyan, with getting her intere ted in soak up as much as she could about cellu­ info rmati on su perhigh way and had 15 journali m. In her senior year at UC lar phones and broadcast law. She assisted yea rs ex pe ri ence in communication Berkeley she began to earch fo r law clients in complying with FCC regul a­ law- preferably a minority o r a female. schools, choosing Hastings because of its tions and defended appeals in court, C ho ng wa t racked down through the Comm unications and Ente rtainment Law "1 remember going to FCC public Asian American Bar A sociation of the Journal (COMM/ EN T), of which she meeting and seeing the fi ve Greater Bay Area, of which she had been became editor-in-chief. He r parent we re Commissioners sitting up on the dias, an active member for ome time. taken aback by her choice of a legal career looking so di tinguished and important. 1 But don't think fo r one moment that over broadca t journali m. remembe r thinking, 'Boy, what would it fitting the Clinton Admini tration's pro­ "1 think they we re su rprised when 1 be like to sit up there?'" she said. file at the time was all that Chong need­ decided to become a lawyer instead of the After t wo yea rs with Kadi son, he ed. Bright, articulate, and extremely well­ next Connie Chung. But m y mother's requested a transfer to the Palo Alto office \'er-ed in communication, Chong reaction was typical for her generati on, she so she could take ca re of some ve ry impor­ brought a wealth of wireless telecommu- said, 'Well, at lea t you'll have something to tant, unfinished business back home. . 11 ,\ S'I' 1:\ (; S .

"I ca me back to marry my law school consumer ma rket. issues in Washington, D.C., the state com­ sweethea rt, KIRK [DEL PRETE '84]," In [996, the hi st ri c Telecommunica­ mi sions, and abroad. We believe that she sa id , smil ing broadl y. "I loved my tele­ ti ons Ac t wa pas ed. T his updated the industry player and overseas companies com prac ti ce in D.C., but I guess I loved nati on's communi ati ons laws that we re wo rldwide will be eager to tap h,e r deep, him more." enac ted in [934 when there were no tele­ substantive expertise and her knowledge Within nine months, her law firm di - visions or tel phones. of the FCC to ensu re that their strategic ba nded, and Chong took a job with A mong other things, th 1996 Act approaches are sound." Graham & James, represe nting cellular ended the last telephone monopoly in the Chong will be specializing in an inter­ telephone and paging compa nies before the local telephone market, in t roduced the national telecommunica tions practice; Cali fo rnia Public Utilities Commission. She controve rsial violence or V-c hi p, and assisting U. . companies operating abroad, made pa rtner in 1992 and history in [994, relaxed broadca t ow nershi p req uire­ as well as helpi ng fo reign com pan ies when she wa appointed to the F ments, in add ition to allowing fo r cross­ under tand U.S. telecom regulations. She There was little time fo r C hong to ge t owne rshi p betwee n cable and broadcast will al 0 foc us on convergence iss ues her fee t wet. Within three weeks of he r owner. between the telecommunica tions and appoin tment, she had to vote on so me "It took 18 months and 2,000 FCC com puter industries, predominantly in histori c decisions in vol ving pe rsonal com­ employees wo rking ni ght and day to the Silicon Valley. munica tion se rvices (PCS) auctions. For implement the Act," he explain ed. It was In a talk before the Federal Communi­ the fir t time in history, the FCC would grueling work, under tremendous poli t i­ cations Ba r Associati on last yea r, C hong auction off spectrum li censes instead of cal and industry press ure, with billi ons of expressed a few regrets about her time offering them free through either com­ dollars at stake. I'm ve ry proud of the with the FCC. "The Commiss ion failed to pa rative heari ngs or by lottery. To level good work the FCC did durin g this era." iss ue a broad-spectrum policy statement," the play ing field for small busin e es and If yo u're beginning to think C hong is she sa id. "I think we need to look at the rural telephone companies, as well as all work and no play, think aga in. In addi­ spectrum and how we manage it in a minority and women-ow ned compan ies, tion to regulating TV, a la C hauncey more global, big-picture kind of way, as the FCC also had to provide them with Gardner, she "likes to watch," too. A se lf­ opposed to the ad hoc, case-by-case way viable ways to participate in the process. confessed "Trekkie," C hong was delighted that we do now." The auction netted the U.S. Trea ury to find out upon arri ving in D.C. that In addition, she felt that the some $7 billion. her fa vorite television show, "S tar Trek: Commiss ion could have done more to The nex t major issue to hit C hong was The Next Generation," airs more fre­ "justify preferences" to women- and the FCC' attem pt to com plete a decade­ quently in the nation' capital. Know n as m in ority-owned businesses. long proceeding to transition f rom analog the "Andre Agassi" of the FCC, she A nd lastly, the age ncy could have made to digital TV Standards that we re devel­ brought a se nse of Califo rnia sun and " wifter progress" on public afety issues. oped back in the 1950s for analog TV fun to the agency. She sponso red the All in all , C hong was thoroughly needed to be entirely revamped. The issue FCC's first baseball cap day and ini tiated impressed with the cali ber of people ended up as a battle bet ween the broad­ the first Hawaiian shirt contest as a working for the Commission. She casters and the computer industry. "It was morale booste r. Apparently, C hong took desc ri bed the FCC taff as ex tremely tough work, but well worth it," she sa id. the term "surfing the net" to heart. competent, professional, hardworking, "Digital TV is the most awesome thing C hong's term on the FCC ended las t and "like a fa mily." yo u've ever see n. It has 10 times sharpe r November, when she took a much-needed As fo r the future, C hong ees the FCC and brighter images than analog T V," she and well-ea rned three-month rest. But it's tackli ng the iss ues involving regulating sa id. "For exam ple, I wa tched a tape of hard to imag ine her slow ing down. Her major long-distance ca rriers, opening the Nancy Ke rrigan's pe rfo rmance at the 1994 enthusiasm and passion fo r the subject of networks fa irly to local com peti tion, deal­ O lympics, and when she spins, DT V lets telecommun ications sweeps yo u like a ing with the conve rge nce of computers yo u see every single sparkle. At the ski tornado that would make El N ino jealous. and telecommu nications, and responding jump, you can ee faces clearl y in the Her com prehensive knowledge of the to President Clinton's intention (as stated crowd." She likened the d iffe rence field is matched only by her quick wi t in his State of the U nion add ress in between analog and digital to listening to and engaging personality. January) that the FCC mandate free air music on a scratchy LP as opposed to a Back to business as usual, in February, time for all political candidates. compact disc. Chong was brought on by the multina­ Having helped lay the groundwork fo r T he FCC has agreed to loan out a sec­ tional firm of Coudert Brothers as a part­ ome significant and hi toric change at ond channel for a [2-year transition peri­ ner resident in the fi I'm's San Francisco the FCC, Chong can now relax with the od to allow stations to broadcast both dig­ and Palo Alto offices. only regulating being how much "free" ital and analog until analog is completely "I am delighted that Commissioner time to spend between Klingons and Cal phased out. Eventuall y, everyone will C hong has been cho en to join Coudert," Bears. need to buy new digital T V sets. Digital said Anthony Will iams, Chairman of Chong lives in San Franci co with her T Vs are expected to be available thi Coudert Brothers' Executive Committee husband, Kirk Del Prete, who is Vice Christmas, but C hong recommends wait­ in an in terview fo r the Business W ire. President fo r Operations fo r Whalen & ing a couple of years until prices become "She shares our view that the conver­ Co., a digital communications consulting more reasonable- much like the exorbi­ gence of the communications, informa­ and construction firm. tant cost of VCRs or personal computers tion, and entertainment industries wi ll when they were first introduced on the give rise to novel regulatory and legal Judy Lane is the DiTectoT of Alumni Relations. C . \~IPl · S X()TES

I

SYMPOSIUM FOCUSES KNOX ON ISSUES IN MUNICIPAL LAW SCHOLARSHIP

n September 20, 1997, city The Institute gives law students BENEFITS attorneys from across the opportunity to contribute to the California attended a sym­ solution of problems facing state and RICHMOND posium on "Cities on the local governments. Toward that end, Cutting Edge: Emerging Municipal Prof. David Jung announced at the STUDENTS Legal Issues" at Hastings. The event symposium the formation of a new was cosponsored by Hastings' Public Hastings clinic, the Local astings Board of Director Chair Law Research Institute, the League Government Law Clinic. Through JAC K KNO X (,52) presented of California Cities Municipal Law that Clinic, Hastings students are ID a $25,000 check to Dean Mary Institute, and the Constitutional Law able to gain experience working at Kay Kane to endow a scholar hip Quarterly. city attorney's offices throughout the fund that he has established for Hast ing The keynote panel on "The Role Bay Area, including San Francisco, law students who have resided in of Cities in Governance" featured Berkeley, Oakland, and Palo Alto. Richmond, California. Dean Kane noted remarks by Associate Justice Stanley The Public Law Research Institute that such private upport is particularly Mosk of the California Supreme and the Municipal Law Institute will appreciated at this time when student Court, Professor Kathleen Sullivan offer a second municipal law sympo­ fees have been rising dramaticall y. of Stanford Law School, California sium on September 18, 1998, on "A Assembly Member Michael Sweeney, Loss of Local Control Over Land and Manuela Albuquerque, who is Use: The Impact of State Housing the City Attorney for Berkeley and a Laws and CEQA." For information 1975 graduate of Hastings. on registration, contact Kathryn Three afternoon workshops­ Lodato at the Public Law Research Municipal Regulation of Speech, Institute, (415) 565-4671. Allocating Power Between State and Local Government, and Predicting the Policy Outcomes of Fiscal Constraints- featured speakers rep­ resenting a range of perspectives, from city attorneys to legislators and academics, including Hastings profes­ sors Joe Grodin and Richard Cunningham. Several papers from the symposium will be published in Volume 25 of the Hastings Constitutional Law Quarterly. The Public Law Research Institute was organized at Hastings by Professor Julian Levi in 1983, and this year's symposium was dedicated to his memory.

Julie Conboy ('98), Symposium Editor for the Constitutional Law Quarterly, welcomes confer· ence participants.

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PUBLIC LAW RESEARCH INSTITUTE 65 CLUB HOSTS VISITORS PROFESSOR FROM GUAM LOUIS SCHWARTZ

WO visitors from Guam were at Hasting in August 1997 to di sc uss a Public RETIRES T Law Resea rch lnstitute resea rch project for the Superior Court of Guam on which then-third-yea r student Scott Toussa int was working. During the visit, Prof. Louis B. Schwartz retired January the group also ex plored cl erkship oppo rtunities for Has tlngs students. 1,1998, after having served on the Hastings faculty since 1983, first as a vis­ iting professor, then as a member of the 65 Club, teaching regulated industries, antitrust, and criminal law. Prof. Schwartz came West in 1983, after retiring from his teaching duties at the University of Pennsylvania Law School. He earned his law degree at the University of Pennsylvania in 1935 and was a member of the faculty there for 37 years. In 1935, he joined the staff of the fed­ eral Securities and Exchange Commission in Washington and remained there and in the Department of Justice for a decade, except for two years' service as a naval officer in World War II. Prof. Schwartz has been a visiting professor at Cambridge University, Harvard, Columbia, UC Berkeley, and at the Salzburg Seminar in American Studies in Austria. He was the Ford Left co right, seated, Dean Mary Kay Kane and the Hon. A lberco C. Lamorena III , Presiding Judge of the Superior Visiting Professor at the Institute for Court of Guam. Standing, Prof David Levine, Prof David Jung, Academic Dean Leo Martinez, Guam COUT[ Administracor Robert Cruz, and SCO[[ Toussaint ('98). Advanced Legal Studies, University of London, in 1974, and the Merriam Distinguished Professor of Law at Arizona State University in 1980. In 1964, he was an aide to U.S. GOY. WILSON R EAPPOINTS Ambassador Chester Bowles in India in relation to the administration of the JAMES M AHONEY TO HASTINGS BOARD A.1.D. program and regulation of indus­ try in India. He is on the national board ov. Pete Wilso n in November at Hastings in 1966. He is a member of of directors of Americans for 1997 reappointed James E. the Los Angeles County Bar Asso­ Democratic Action. Mahoney to Hastings' Board ciation, the State Bar of California, the In 1985, in the University of of Directors for a second 12- American Bar Association, and the Pennsylvania's Law Alumni Journal, he year term. Mahoney, 57, is a partner Maritime Law Association. wrote, "San Francisco was dazzling. with the firm of Mahoney, Coppen­ He is active in community service Flowers bloom everywhere during all rath, Jaffe & Pearson, L.L.P, in Los and on the governing boards of the seasons." Divided loyalties were Angeles. He has served on the Hastings Sisters of St. Joseph of Carondelet, inevitable, he said, but "having come Board since 1986. Building Peaceful Communities, and West, I must start to think of myself as A 1963 alumnus of Cal State Long the American Sponsored Italian Youth a Californian, not as a sojourning Beach, Mahoney ea rned his law degree O rganiza tion. Pennsylvanian."

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Two DISTINGUISHED ApPOINTMENTS: Hastings P[aces First HERVEY CHAIR, D IGARDI P ROFESSORSHIP MOOT C OURT SUCCESSES ne of the important effort on book in the field. Additionally, his books which the College has embarked on trial object ions and trial practice have in the last few yea rs has been to been major resources for li tigators astings students won First seek to endow faculty C hairs and throughout the nation. H is appointment Place at the National C ri minal Di tinguished Profes orships so as to be to the Hervey C hair is a recognition of Procedure Fall 1997 Moot able to attract and retain ou r nationall y his leadership in teaching and writing Court Competition. This vic­ di tinguished faculty by offering them the about the field of litiga tion and will allow tory marks the first time Hastings has support fo r their rerarch and teaching him to further his excellent work in evi­ won the overall competition in three that the e positions provide. Two newly derKe, while simultaneously expanding years of participating, although the endowed positions were created during the College's reputation as a center for team has taken second and third place this past yea r. The first is the James Edga r the study of litigation. in the pas t. The team's brief also cap­ Hervey C hair in Litiga tion, named in Joe Grodin came to Has tings in 1972 tured the Second Place Brief Awa rd. honor of Jame Edga r Hervey of the Class and q uickly became a nationall y recog­ of 1950. The second is the establishment nized expert in the fi eld of labor law and of the John F. Diga rdi Distinguished employ ment di scriminati on. In 1979, he Profe so rship, named in honor of John F. was appointed to the California Court of Diga rdi of the Class of 1928. Appeal and later elevated to the Supreme The Board of Directors recently Court. When he left the Supreme Court approved the appointment of both of in 1982, he returned to the College, these po itio ns. PROFESSOR ROGER adding to hi distinction in the labor field PARK has been named to the James an ex pertise in the fi eld of California Edga r Hervey C hair in Litiga ti on and state constitutional law. His understand­ PROFESSOR JOSEPH GRODIN has ing and knowledge in these fields have bee n appointed the John F. Diga rdi made him a much sought-after expert for Distinguished Profes or of Law. bench and bar ali ke; indeed, he has bee n Roger Park ca me to Has tings in 1995 appoi nted to help develop constitutions from the Unive rsity of Minnesota, where fo r ome of the newly emerging countrie he had held a chaired professorship for in the fo rmer Soviet U nion. His appoint­ everal yea rs. A mong his many profes­ ment to the Digardi Professo r hip is a Left to right, A ntoinette M. Youn g, ('76), Director, sional accomplishments, Professor Park i recognition of his long-standing and Moot Co urt/ Legal Writing and Research, and National Criminal Procedure Moot Coun Team a national leader in evidence law, where important contributions in the public members Heidi H ltdson, Melissa Drum, and Janet he is the co-author of the leadi ng case- law arena. Berry at the Universit y of San Diego, where [he competition was held.

THE LAW AND THE FINE ARTS

K E NN ETH Aye rs is with the Sa n Francisco firm of AVE R S ('86) has Hancock, Rothert & Bunshoft, L.L.P., donated two of his where he specializes in insurance law. He artworks to the has pursued artistic interests since the Hastings Art Gall ery, 1970s, first in Washington, D.c., then in whi ch is located in New Yo rk C ity, where he bega n to devote the foyer of the much of his ti me to sculpture, a pursuit Alumni Reception that continues today. His sculptures Center. "T he law employ fo und objects such as wood attract all kinds of branches, wh ich he wraps with jute, and energy," say Aye rs. curl y bamboo, wh ich he often combin es In 11 yea rs practicing with burlap-textured clay forms. law, "I have di cov­ Aye rs exh ibi ted his wo rk at Has ting ered a lot of wonder­ in 1987. Hi most recent ex hibition ran ful, in pired people f rom March through May 17, 1998. out there fo ll owing Hasting A rt Curator Suza n ne Park ha their ec tasy, finding in tailed both of the newly donated their own way." works in the Dobbs Atrium. Ken n.:!h Ayers (,>6). le{r. and Hastmgs A rt Curator SII~an ne Park.

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rom the 64th Anniversary Class of 1933, represented by Jack Hursh, to the C lass of 1987, nearly 300 Hastings alumni and guests reminisced, regaled, and rejoiced at Reunions 1997 on September 20. A luncheon for the Classes of 1933-1949 was held on Satu rday 19405 afternoon at the College, followed by campus tours and a champagne reception for all. That evening, the Classes of 1952, 1957, 1962, 1967, 1972, 1977, 1982, and 1987 enjoyed a reception, private class dinners, and dancing at the Westin St. Francis Hotel on Union Square in San Francisco. 19305

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reunlon6(I 1987 The Sixth Annual Attorneys General Forum October 25, 1997

he annual Attorneys General Forum, a Hast ings tradition since [991, brings together the nations former chief lega l officers for an informal roundtable discussion of current and past national administration-ofjustice policies. Participants in 1997 included icholas Katzenbach (former Deputy Attor­ ney General in the Kennedy Administra­ tion and Pres ident Lyndon lohnsons Attor­ ney General from 1965-66), Edwin Me ese III (President Ronald Reagans Attorney General fro m 1985-88), and Richard Thornburgh (Attorney General in both the Reagan and the Bush Administrations from 198 -91). Harvard Law Professor Arthur R. Miller served as moderator. The sixth Forum was first broadcast in The paneli sts for the Sixth Annual A ttorneys General Fontm [hi s /Jas[ October included, from left to right, form er December 1997. Watch your local television At to rneys Genera l Nick Kat ze nbach, Ed Meese, and Dick Thornburgh, along with the Forum moderator, Harvard schedules for rebroadcast times. Law Professor A rthur Miller. Excerpts from the Forum follow. What troubles me . . . is that nobody ever White House puts its poli tical agenda on seems to be held accountable, that the top." What made the Kennedy White White House doesn't fire anybody or House or the Johnson White Hou e differ­ Tbe r{ela l iOllsll ip Bel\rePIl reprimand anybody for these kinds of ent in terms of the relationship with you 7 wrongdoings. That's a very unhealthy KATZENBACH : Well , in a funny kind lhe Allortwy neneral and thing fo r the Department, for the nation. of way, the very fact yo u had the brother vfh i le llollse COllnsel MILLER: What's the cause? of President Kennedy as Attorney General made .... people be far more THORNBURGH : I think there's been a THORNBURGH : I think the an wer is careful, far more objective, than they con istent course of shabby treatment by simple. This White H ouse put a higher might have been in some other circum­ the White H ouse of the Attorney priority on its political agenda than it does stance. But there simply was no legal General, the Department of Justice, and on its law enforcement responsibility. the FBI in this administratio n, and, as a wo rk done- none- in the White House veteran of the Department of Justice, I'm KATZENBACH : I think that Dick is during the Kennedy and Johnson sorry to see it. [It] began with ending not being his usual, objective self. Administrations. There was an office, if it's still there, the Office of Legal Counsel Web ter Hubbell [who] later turned out THORNBURGH : I knew that was in the Department of Justice, which had to be ... a baby sitter for the Atto rney coming. General when she wa appointed. It per­ been created primarily to give advice to sisted th rough the abuse of the FBI and KATZENBACH : Back in the '60s ... if the White House on legal matters. They the Tra velga te matter. It persisted there were something to be gotten from did not try to do their own work. the White House in terms of information, through the ordering up of 900 confi­ MEESE: My experience [with the] somebody from the Department of Justice dential file from the FBI for use by polit­ White House ounsel [was that] his job would have gone over to the White House ical operatives in the White House, and wa primarily to phrase the questions and run that investigation. [They] would­ it culminated in an unconscionable dec i- that they wanted the Department of ion to withhold information from the n't have said to the people in the White Justice to answer. But the legal advice all Attorney General by the White H ouse Hou e, "Please gi ve it to us." [They] would came from the Department of Justice. on these tapes, lately discovered on the have gone over there and gotten it. Today the White House Counsel's office very eve of her letter exonerating the MILLER: What accounts for the differ­ has been expanded. I think [that earlier] President from a wide va riety of charge. ence? Dick says, "Oh, it' becau e the they had two o r three lawyers at most,

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and they primaril y dealt with things like eight, approximately, federal judgeships is "Could the Pre ident receive a gift from .'rrh is Whj LelloLls() vacant. Here in the 9th Circuit, nine out a sultan?" Minusc ul e things ... that rea ll y of the 28, approximately a third, are had to do with the Office of the ough t Lo go wj Lh j Ls vacant. Now everybody seem to be upset. Pre ident itself ... not to do with run­ The White House is upset, Janet Reno is ning the government or things that need­ bpstlnan or "VOlnan~ up et, Senator Hatch is upset. Everybody's ed I gal advice in a sense of major policy w ri ting letters, Wall Street Journal decision. In our administrati on ... the s()nd t.hern ov(\r~ and columns, thing like that. W hat is going Office of Legal Counsel was [composed on? Is thi another political game, or do of] the lawyers ... for the Attorney f'igh Lfor Lhern. [f lthe we have a dysfunctional relationship General and for the Presid ent. Many between the Pre idency and the Congress, times I would have one of the deputies in H.epubJ itansJ want lo at least with regards to judgeships? the Office of Legal Counsel go with me THORNBURGH : We had a imilar situ­ to the White House to advise the vole sOlnebody dowll, ation .. . . Even when yo u have your own President on so me legal matte r. In addi­ pa rty there, the Senate likes to go tion, both Dick and I chaired Cabin et let tbelTI do iL and pay th rough its deliberati ve process. Here you committees, and the President used his have a combination of things. The White Cabinet for all kinds of advice. He didn't the Go~L jf i L'~ an House has been slow in ge tting the judi­ ge t his advice from the National Security cial appointments over there. In addition, Council on Defense Policy. They were a im.proper rejection. It the Senate i trying to look at these with coordinating group. He got it from the some deliberation. I don't think they've Secretary of Defense, from the Secretary really is a troublesome turned dow n any of the President's nomi­ of State .... I think that's the bi g differ­ nees for judgeshi ps in the last two yea rs ence today. You not only have a much ~j tuation to have this or more si nce the Senate changed hand . large r White House Counsel's office, but I don't think yo u ca n say that it's a matter for the first time in hi story, you now have ~talelnate. Some bold of politics. There's enough blame to go a spin doctor who ... was hired to put around for everyone here. Obviously, the the right spin with the media on the legal leadership is talled Republicans and the Senators [are] fl ex­ as pect of what's going on in the White ing their muscles. They want to have House. for from both the more of an effect on the proces to get KATZENBACH : You had to do that judges more in line with their thinking. yo urself. White House and As far as the White House goes, they are M EESE: That's ri ght. We did. They left timid, to put it very bluntly, about taking it in the Department of Justice, where it the CongTe~s.·' any chances with nominees. They've belongs, Nick. been reluctant to se nd over nominees they think are going to get rejected. This T H ORN BURGH : [We] mostly got into FORMER ATTORNEY GENERAL White House ought to go with its best trouble because we'd end up saying, "No RICHARD THORNBURGH man or woman, se nd them over, and comment." Some spin. fight for them. If [the Republicans] want MILLER : I remember the first yea r to vote somebody down, let them do it when we sat here, one of the first topics the way. The White House has a much and pay the cost if it's an improper rejec­ we talked about was the relationship greater role in working up the informa­ tion. It reall y is a troublesome situation between the President and the Attorney tion on the appointment of judges than to have this stalemate. Some bold leader­ General. In many instances, exemplified has been traditional in the past. So yo u ship is called for both from the White by the Kennedy White Hou e, it's an have a lot of functions that normall y had House and the Congress. associate, it's a friend, it's a confidante, it's been handled by the Justice Department KATZEN B AC H : In the Kennedy and a known quantity. One thing we know that are now handled inside the White Johnson years .. . yo u had occasional about Janet Reno, she had no prior rela­ House. Anyone who can say "This is the vacancy problems when [a] Senator found tionship with Bill Clinton. In retrospect, White House calling" has tremendous it politicall y difficult to uggest anybody. maybe that was a mistake. power. You need to mitigate that power by Maybe he had two close friends, and he M EESE: You had an unusual situation in making sure that they're not given so didn't know how to select between them. the appointment. It's kind of tough com­ much responsibility and authority that MILLE R : This is a terrible thing to say, ing in as an Attorney General knowing they ca n do things that sometimes don't Nick, but probably the most [interesting] that yo u're the third choice. You don't se rve the President well. judicial nomination from your time [was start off from a position of strength .... I think I share Dick's feeling that she was \T(l("(uH'ies ill a] lawyer for the archdiocese in Boston put in a very untenable position. And named [Francis X. ] Morrissey. Can yo u then ... yo u have a strong White House Fhleral ,J lldg-esll i ps share anything with us about that? Coun el 's office that dominates the legal MI L L ER : I want to talk about vacancies. KATZEN BAC H : Mr. Morrissey was the advice. It isn't true just in legal advice, by As yo u look at the statistics, one out of favorite candidate of Joe Kennedy, who

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wanted him very, ve ry much to become a pie didn't know what they were voting on. federal di t rict judae. The d ifficul ty ... o that probably is the height of judicial "TIH\ll\ aI'P fa I' 1)(\11(\1' wa by no tretch of the in,agination activism. A a matter of fact, the 9th would Mr. Morrissey quali fy to be a fe deral C ircuit has been severely criticized for \raYN or (\plpnn i 11 i 1lP; di trict judge. I can re member President judicial activism, and as many as 28 out of K nnedy talking to the Atto rney their 29 decisions that wen t to the \vbplll(\1' a I)() I'NO 11 iN General, and he sa id, "Welll" A nd Bobby Supreme Cou rt have been reversed in the said, "We ju t ca n't appoint him to the last term. So I think there is a problem i nld let llia lly fede ral bench. It's ridiculous, and we'd with judicial activism. It's not a matter of catch all kind of hell if we do it." And disagreeing with what the court ays. It' a ten II pelelll alld the President sa id to Bobby, "What do 1 matter of has the judge really stepped out tell Dad?" Bobby, ve ry helpfully, sa id to of the judicial role that we have thought psychoJogitlllly him, "Well, tell him that you're the of traditionally? President!" And that worked .. . . [How­ THO RN B URG H : This controversy over tonlpeienllhatl ever,] after President Kennedy's assassina­ judicial activism is not omething that is tion ... Lyndon Johnson wanted to do new to this country. At the turn of the trying to know \vhal something that would reall y please Joe century, [we had] a whole succession of Kenned y, would embarrass Bobby wo rkers' right and anti-business legisla­ his poJitica] vie\vs are, Kenned y, and would tie Ted Kennedy's tion that was struck down by the hands, becau e he couldn't possibly go upreme Court of the U nited States and But if vou are a against [it]. So he decided to a k me, '" provoked an outcry f rom the progressive "What would happen if I nominate pohtician, a\vf"ul1y element in this country. Similarl y, when it is Morrissey?" And 1 aid, "The ABA will President Roosevelt's New Deal measures find him not qualified, quite correctly, put were struck down by a Supreme Court, useful to those two and he'll be confirmed." that provoked an absolutely unprece­ thjngs together. I M EESE: And it all happened? dented effort to attack the Court. This is KATZEN B A C H : 1 was half right. The just another one of those cycle. think that is hllrljl1g ABA fo und him not quali fi ed, but the KATZEN B A C H : It [alleged judicial difficulty was- and I can't remember the acti vism] frustrates the wi ll of the people, the judicial prOCPSN. detail - but Mr. Morrissey hadn't gone to particularl y in criminal cases, where . .. law sc hool o r lied about the law school [it's] "Let's throw him in jail and th row hurting the that he'd gone to, which didn't all come away the key, and then we can find out out in the FB I in vestiga tio n. It all came whether o r not he's gui lt y." 1 agree judges appojnhnen l process:~ out before the Senate. Ted Kennedy with­ should, to the best to their ability, drew his no mination, and all the lawye rs attempt to find the fact as impartiall y as FORMER A TTORNEY G ENERAL in Massachusetts breathed a dee p sigh. they ca n and to apply the law as impar­ N ICHOLAS K ATZENBACH tiall y as they are able to do. 1 don't think their view as to whether they approve \' ie\rs of' [of] the law or not ought to come in to it, .J lI

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those two are sy nonymous, not commit­ doing? Now N ick, it was President larl y in the South-and at the same time ting high crimes and misdemeanors and John o n who is ued the Executive O rder not ... expand racial discrimination good behav ior, is till an open question ... . that first mentio ned the words "affi rma­ through quota and preference . The But judicial activism violates the whole ti ve action." problem is that we need to sol ve the race problems or improve the situation ... function of what a judge is supposed to KAT Z E NBACH : I would hate to correct altho ugh I would disagree with yo ur dire be. It open up questions by the Senate as you, but it was Vi ce President Johnson, to what political views are. In our because that ca me out in 1961. I remem­ statement of where we are today. The most recent books that have studied this Administration, we were not intere ted in ber, because J worked on it, and Pres ident in detail, like Stephan Thernstrom' book, political views of people. We weren't inter­ Kennedy had as ked Vi ce President ested in their views of abortion. We were America in White: Johnson to wo rk on that order. It was a Black and One Nation show that we made tremen­ interested in whether they understood the use of executive contracting power to try Indivisible, function of a judge as being someone who to ge t gove rnment contractors to hire dous progress over the last 30 or 40 years. applied the law as it was written and more African-Ameri ca ns. That was what The problem is that racial discrimination applied the Constitution as it actuall y read. we were trying to do. M y feeling about th ro ugh preferences and quotas exacer­ Obviously, theres room for interpretati on, bates the race problem, but doesn't solve affirmative acti on is very simple. This but it's that kind of an approach to the law it. That's wh y the people in California country has failed for 300 yea rs to solve that's necessa ry in a judge. its racial problems. There is not an impor­ passed Proposi tion 209, the Ci vil Righ ts KATZENBACH : Do yo u find ve ry man y tant domestic problem we have that does who sa id it wasn't thei r view? not involve a racial as pect-crime ... problems with cities, poverty, welfa re, MEESE: No, you didn't find many that said it wasn't their view. Then, when you slums, jobs, almost everything. J do not looked back in their writings, yo u found think we ca n preserve this democratic sys­ "rrhere is not an out that they had something that ought to tem of government if we ca nnot resolve be asked at the hearing as to whether they that problem, and while we have made importanl domestic believe this . ... Interestingly enough, law progress, we are not close to resolving it professor were the most fertile ground for today .... Most white peopl e in America problem we have that finding things they had written ... where are not aware of their ow n uncon cious they said the Constitution is wrong, even bia es. They're perfectly sincere when does not involve a though that had been the interpretation they say, "I don't believe in discrimination, from 1787 on. Or where they implied at I don't believe in denying people jobs." racial aspect -crime ... least yo u ought to go beyond the But when it comes dow n to doing it, the Con titution to create new levels of only way yo u get results is through pro­ problems with cities, jurisprudence, which was not unusual at grams of affirmati ve action .... all for law professors. It seems to me that MILLER: SO [Nick,] in the Kennedy­ poverty. welfare. the Senate has a responsibility, if a person 's Johnson period, yo u had a clear philo oph­ written something like that, to find out ical direction. s l um~, j obs~ almost what they meant and [whether] this would KATZENBACH : We thought that the in any way alter their view of how a judge American people supported that. In fact, everything. I do not ought to act. I'm quite sure they did, but I don't think \\Te KATZENBACH : That's a very long jump. for one minute they understood the diffi­ think can preserve You're very ag ile. The notion that they culties and complexities of arriving at the wrote something on this subject is going result that they wanted to arrive at .... this democratic to determine how they're goin g to act on That is still true of most Americans. They a hundred thousa nd different subjects? ... ge nuinely want to arrive at that result. If system. of goyernment Do yo u really care when yo u go into a dis­ we take affirmative action in employ ment trict court whether the gu y is a ... let us ge t a level pIa yi ng field ... . if ·we cannot resolve Republican or Democrat or conse rva tive Affi rmative action is viewed as tilting or a liberal? I don't. that playing field in favor of African­ that problen1, and Americans. From an Africa n-America n point of view, that play ing field is already while we have made A (lj 1'111(11 j r(l Ad jOll. tilted. This is making it level. progress. we are not TIHlll (llHI Nmr M ILLER : Now [we] reach the mid '80s­ MILLER: One of the toughest iss ues Pre ident Reagan. What were you trying close to resolving it before the legal ystem today is affirma­ to do at that time, [Ed]? ,. od I ti ve action. It's ripping us apart to some M EESE : What we were trying to do is t aye degree. I'd like yo u to think back to yo ur wrestle with, on the one hand, the necessi­ times as Attorney General and answer ty of remedying past discrimination and a FORMER ATTORNEY GENERAL this question: With rega rd to affirmative va riety of conse nt decrees that were NICHOLAS KATZENBACH action, what d id you think yo u we re already in effect in many places- particu-

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Initiative, which is nothing but a reitera­ THORNBURGH : We arc indced. tion of the ivil Rights Act of 1964, MEESE: Th preoccupation with r

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KATZENBACH : I think it does and I ting more minorities and more women MEESE: In Hopwood they looked at the cri­ think it should not be interfered with. I'm in to the orga ni za tion, which I definitely teria, and the criteria the admissions office worried that it will be interfered with. favor. But the idea that you have to do it chose to use wa a et of test scores. They had in a way which discriminates unfai rl y one set of test scores for this group of people, MEESE: It won't be interfered with if, and they had another set of test scores for for example, gove rnmental agencies, as in aga inst someone and all ows in to a law that group of people. Now, if they didn't use California, are prohibited from using race chool or in to a college someone who is test scores at all and just relied on some other as a criterion to disc riminate again t one less qualified and kick out or does not criteria like essays or recommendations, per­ person ver us another. ... I have con fi­ admit omeone who is more qualified­ haps what yo u suggest could be accommo­ dence that, in every minority group and [this] seems to me not fair. dated, but they deliberately used test scores, every group of women, you ca n find the K ATZENBACH : Right there, yo ur defin­ and they discriminated. qualified people. It is a matter of outreach, iti on of the word "q uali fied" is one that I of finding them and letting them com­ would look at. I would think that maybe a KATZEN B A CH : I think [test scores are] a pete on a fair and equal basis, rather than university ad mi sions office might be ve ry good idea for certain limited purposes stacki ng the deck. entrusted to say who was qualified and .. . but not for a total admission policy. KATZENBACH : I am not suggesting who wasn't qualified to go in to that uni­ THORN BURGH : [Arthur'] yo u as ked stacking the deck. I am suggesting, Ed, in ve rsity without the interference of either about this time next yea r. I'll express a all ca ndor, that the deck is al ready stacked. bureaucrats or judges. prediction and a hope that by this time next yea r there will be a recognition both M EESE: But what both Dick and I have sa id is that if the deck is stacked, then let's legally and philosophically that quotas, set unstack the deck. asides, and preferential treatment are not a proper basis for solving our race and T H ORNBURGH : I don't want to appear "Affirmative action gender problems, and, if that's the case, we to be starry-eyed, talking about hearts and will have clea red the decks for a proper minds, but leadership se ts an example, to lTIe . . . means a undertaking of what I call affirmative whether it's in the White House or in action: an attempt to include all persons IBM or any corporation or business estab­ lot of benefic'ial and rega rdless of ge nder or race . . . in pro­ lishment or university. If that leadership gram designed to make opportunity shows itself to be involved in affirmative good things .. . . available to them on an equal basis. I action, if that executive you described ha But the jdea that you think ge tting rid of this phobia about an African-American secretary or sees to numbers is a necessary first step toward the appointment of a woman to a high­ have to do it in a way picking up the real challenge- to include level executive position, that sends the people from all as pects of our society in kind of signal that people are going to every as pect of our society. read with a lot more clarity than being which discriminates told they have to meet certain goals and M EESE: I know yo u want to stop, but quotas. That's a long-haul effort, but it's unfairly against I've got to give you one model that we the only one [that] is eventually going to already have for how to do what Dick's pull this off. Doing it by edict or doing it someone and allows talking about. The military academies all by law is simply going to create, I fear, had a problem in getting minorities .... more resentment than we have presently. into a law school or What they did there was not move to lowe r their standards, lower the test MILLER : What I'm really asking [is], is in to a college SOill.eone scores, lowe r the ba is for admitting peo­ affirmative action dead? ple. They chose to do so mething else. M EESE: Well, yo u know, you use the who is less qualified They have a prep school, and they provide term "affirmative action." Affirmative additional training, which has benefited action, to me, covers a whole lot of things. and kicks out or primarily minorities, but it's not segregat­ It covers legitimate affirmative action, ed on the basis of race. As a result, they've such as trying to hire more people and does not adJui t been able to make a very good showing in find more people who are in the formerly terms of getting minorities in who are excluded classes-the minorities and SOlneone who is prepared, and so they start competing on women. It means having programs of an equal plane with the other people who training so they can compete for the jobs 'more qualified­ are there. It's not a matter of lower test and ca n compete for promotions that are scores or anything else, and as a res ult the not limited by race or by sex. It mea ns a [this] SeelTIS to me minoritie have excelled. All the military lot of beneficial and good things. academies are probably higher than any Unfortunately, it has come to mean [as not fair:' other university or college in terms of well] discrimination by preferences and having their top students coming from quotas. Preferences and quotas are very FORMER ATTORNEY GENERAL minority groups. 1 think it points out different from the relatively benign ideas EDWIN MEESE III what Dick has to say. There are other that Nick has of trying to encourage get- ways to solve the problem ....

':11 The Sixth Annual 1066 Foundation Attorneys General Forum Reception Photo Gallery

Former Attorney GeneraL Dick Thornburgh, Cecelia BLackfieLd, and Dr. Randy Hamilton.

Former Attorney GeneraL Dick Thornburgh, 1066 Foundation Trustee Tim MiLLs ('86), and Debra Laboschin ('99).

Enjoymg the Attorneys GeneraL Forum were, Left to right, Jesus Roman, former Hastings Board of Directors member Kneeland Lobner ('44), Marilyn Lobner, former Attorney GeneraL Ed Meese, Ron Au ('63), Ryan Au ('97), and David MoraLes ('97). · . ,, 1\1:) '1' I N(:~

Professor Ray Forrester, Celine Forrester, and former Attorney General Nick Katzenbach.

Wayne Veatch, Sr. ('35), Betty Falk ('46), form er Attorney General Dick Thornburgh, and Way ne Veatch, Jr. ('76).

HASTINGS COLLEGE OF THE LAW UNIVERSITY OF CALIFORNIA

Jessica Wiley ('99), Forum moderator Arthur Miller, and Amy Thomas ('99).

Teri Jackson, former Attorney General Nick Katzenbach, and Kate Dyer ('94).

Form er Attorney General Ed Meese with David Saltzer ('98).

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PROF. MARGRETH BARRETT spoke War II yea rs (1 955-60), when he se rved as the U.s. Department of Justi ce's 4th in October 1997 at the A merica n sec retary of the ACq and prac ticed law annual Professional Responsibility Corporate Coun el Association 's annual in Tokyo as a Japanese lawye r (jun -kaii n). Conference in Washington, D.C. This meeting on "The Effect of the WIPO O n April 4-5, 1998, Prof. Henderson spring, Prof. little also has been on ABC Copyright Treaty: O nline Service joined an assemblage of legal experts on television's "Nightline," C NN's world­ Provider liability for Copyright Japanese-Ameri ca n problems for a con­ wide news roundup, NBC nightly news, Infri ngement." In February 1998, she pub­ fe rence on current iss ues and innovations and se veral local radio stations, com­ Ii hed an essay, "Free Competition Trends in Japanese law at Was hington University menting on federal criminal law and in Trade Dress Protection for Product in St. Louis, Missouri. judiciary-related issues. Configurations," in the Hastings Co mmunica tions and Entertainmen t Law PROF. DAVID LEVINE and PROF. ACADEMIC DEAN LEO P . Journal (COMM/ ENT). DAVID JUNG were in vited to lecture MARTINEZ was elected by the dea ns of in April 1998 at the Pacific Judicial the nation's law schools to the Boa rd of PROF. GEORGE BISHARAT provid­ Conference in Koror, Palau. Prof. Jung Directors of The Access G roup. The ed commentary to the Legal Committee spoke on "Recent Developments in G roup is a non-profit orga niza ti on that of the Palestinian Legislati ve Council on Ameri can Tort Law: Toward a Role for ass ists graduate and professional schools it Draft Law on the Independence of the Courts in Exposin g the 'Urban Myths' of in providing students access to affordabl e Judiciary in ea rly December 1997. Tort Reform," and Prof. Levine lectured fin ancin g and educational services. In on "Federal Jurisdiction." Nove mber 1997, Dean Martinez se rved as PROF. Jo CARRILLO, who has been a group facilitator at the ABA/ AALS on leave at Stanford Law School, orga­ PROF. STEPHEN LIND was the E.L. Joint Conference on Disa bilities in nized and moderated a panel in O ctober Wiega nd Distinguished Visitor at the Washington, D.C. The Conference was 1997 at Yale Law School on "Indige nous U nive rsity of Sa n Francisco choo! of attended by more than 200 legal acade­ Peoples and C ritical Race Theory" at the Law for the week of O ctober 13-17, 1997. mics, bar examiners, and law school first National C ritica l Race Theory In that capac ity, he delivered a lecture administrators from throughout the Con ference. She also chai red a panel on titled "The Future of Federal Wealth country. "Construction of Indians in 19th Taxati on." For the 1998 winter term, he Century American Law" at the se rved as the Harry M. C ross PROF. UGO MATTEI hosted a confer­ America n Society for Legal History Distinguished Visiting Professor at the ence on "Comparative Law in the United annual meeting in Minneapoli s in U niversity of Washington School of Law. States: Quo Vadis? " in honor of mentor October and se rved a co-facilitator at the and friend Rudolf B. Schlesinge r at Women in Legal Educa tion Summit at PROF. RORY K . LITTLE lectured on Ha tings on September 22-24, 1997. Also Mills College in Nove mber. Prof. Carrillo "Ethics for Federal Government C ivil in September, Prof. Mattei chaired a ha been named to the 1998 Nominations litigators" at the U.S. Department of panel on "Codification and Legal Committee for both the A sociation of Justice's Adva nced C ivil litigation C hange" at the American Comparative Ameri ca n Law Schools and the Law and Seminar in Phoenix in December 1997. Law Association meeting at UC Davis Society As ociation. She recently pub­ Also in December, he moderated a con­ School of Law. In October 1997, he deli v­ lished Readings in A merican Indian Law: tinuing legal education panel for the Bar ered the main introductory paper at a Recalling the Rh ythm of Surviva l, Tem ple Association of San Francisco on "Federal conference on Judicial Precedent in Civil U niver ity Press (1 998). Qui Tam litiga tion." In January 1998, Law and Common Law at the U niversity Prof. little was gues t speaker on the of Genova, Italy, and delivered an in vited PROF. DAN FENNO HENDERSON hour-long KQED radio show "Forum" on paper titled "The Legal Profe ssion as an participated in a panel commemorating the topic of the U nabomer Trial. In Orga nization" at the Faculty Workshop the Fi ftieth A nniver ary of the March, he moderated two panels: a panel in Law and Economics at NYU Law Ameri ca n Chamber of Commerce in of judges and lawyers on "What Federal School, New York Cit y. In November Japan on March 3, 1998. T he disc us ion Judges and Lawye r Would C hange in 1997, Prof. Mattei se rved as an in vited theme wa ''An In ider' View of Busines Each O ther" at the ABA's National participant in a disc us ion of Ph.D. dis er­ Experiences in Japan." Prof. Henderson's W h ite Coll ar C ri me Institute in an tations at the European University Francisco and a panel on "The Defense paper dealt with problems encoun tered Institute, Fl orence, Italy. In December by Americans in the ea rl y po t-World Perspecti ve on Prosecutors' Ethics" at 1997, he del ive red a lecture in Budapest ... 11.\ S T I .\ I: S .

spon ored by the H unga ri an Academ y o f Lawyers ommittee for Huma n Ri ghts in Sciences titled "European Civil Code and New Yo rk o n November 9. Legal Scholarshi p: Biase , trategies, and Devel opment ." In January 1998, he spoke PROF. GORDON VAN KESSEL on om pa rative Law and Economics at spoke at the Hastings Eviden ce the New Law School of the U ni ve rsity o f Conference on "Truth and Its R iva ls: Milano, Italy. Evide nce Reform and t he Goals of Evide nce Law," and presented a paper PROF. ROGER PARK presented a ple­ titled "Hea rsay Haza rds in t he A meri can nary paper on "Character at the C riminal Ti-i al: A n Adversa ry-O rien ted C rossroads" at the Hastings Evidence Approach," in which he argued that the Confe rence, Hastings ollege of the Law, primary fo undati on fo r the hea rsay rules in September 1997. Prof. Park initiated largely rest on the procedural climate in the planning of the confe rence and also which they ope rate. In January 1998, Prof. se rved as chair of it facult y planning Van Kessel d isc ussed the in volve ment of committee. The proceedings will be pub­ the accused in European ju sti ce systems lished in a sy mposium issue of the and presented a paper titled "European Hastings Law JournaL Prof. Park also is Perspecti ves o n the Accused as a Sou rce the author of an a rticle, " exual Assa ult of Testimo n ial Evidence" at the Sa n and the Rule Against C haracter Francisco meeting of the Comparative Rea oning," in J.F Nijboer and ].M. Law Secti on of the American Associati on Reijntjes, Proceedings of the First World of La w Schools. Co nference on New Trends in Criminal In ves tiga tion and Evidence 329-39 (1 997). PROF. WILLIAM WANG began a three­ year term on the Executive Council of PROF. STEFAN RIESENFELD was the Sectio n on Business Associatio ns of honored on April 3, 1998, in Washington, the Associatio n of American Law Schools D.C., by the American Society of in January 1998. He also bega n service as International Law at a special brea kfast C hair of the AALS Audit and event. The event, at which Prof. Investment Policy Committee, on which Riese nfeld received a certifica te of appre­ he has served as a member since 1996. In ciation for his services in the develo p­ February 1998, he became a member of ment of internat io nal law, was attended the Steering Committee of Legal Services by studen ts, colleagues f rom several fo r Entrepreneur of the San Francisco countries, and mo re than 100 former Bay Area. The Committee is an organiza ­ assoc iates in the Department of State. tion furnishing pro bono transacti onal Prof. Riesenfeld was also elected legal services to certain target communi­ Alumnus of the Yea r at U C Berkeley's ties, mostly low-income neighborhoods. In Boalt Hall at a ceremon y April 10 in April 1998, Prof. Wang moderated a panel Sa n Francisco. disc ussion on "The Business C urriculum: A Wo rk in Progress," as one of four mem­ PROF. NAOMI ROHT-ARRIAZA wa bers of the Planning Committee of the a panelist September 17-21, 1997, in AALS Wo rkshop o n Bu ines Sirac usa, Italy, at the International Associations. Since July 1993, he has been Conference on Reining in Impunity fo r a member of the In vestment Policy International C rimes and Serious Ove rsight G roup of the Law School Violations of Fundamental Human Admissions Council. C urrently, he is Rights. In O ctober, she participated in the C hair of the G roup and therefore also Lil lich-Newman Memorial Coll oquium se rves as an ex offi cio member of the on Human Rights in Ci ncinnati; took LSAC Finance and Legal Affairs part in a project of the Ame ri can Societ y Committee. of International Law on Compliance With Non-Binding Accords in C hicago; and was a panelist discussing "Internati onal Environmental Law and Its Applicability to C ities, States, and Counties" at the California State Bar Environmental Law Section annual meet­ ing in Fish Camp. She participated in a meeting of experts on the topic "Compliance W ith Decisions of a Future International C riminal Court" for the .. . II \:-';'1' I \ (;:-.; . Alumni Receptions Picture Book See the "Class otes" section for photos from additional receptions. Att captions tist names from left W Tight, unless otherwise stated.

LAS VEGAS ALUMNI/ CONSUMER ATTORNEYS ASSOCIATION ANNUAL MEETING OCTOBER 1997

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(Above) Joe Vada la ('92), Dean Mary Kay Kane, and Alumni Association Board member Doug Crosby (,69) at the Las Vegas Alumni Reception in con­ junction with the Consumer Atwrneys Association Annual Meeting in October 1998.

(Above) Margaret Sw tt Kerr ('92) and Amy Kate O'Brien ('96).

LATINO NEW BAR AOMITTEES RECEPTION

FEBRUARY 1998

(Abote) Standing, Pat Hoopes ('97), Mark Padin ('90), and Kenneth Martinez ('97) and seated, David Morales ('97) and Dean Mary Kay Kane at the Latino Chapter New Bar Adminees Reception at the Law Offices of Crosby, Heafey, Roach & May in San FranCISCo on February 5, 1998 .

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LATINO CHAPTER NEW STUDENTS WELCOME RECEPTION NOVEMBER 1997

(Above) Jo se- Luis Martin ('99), San Francisco Supervisor Jose Medina ('82), Dean Mary Kay Kane, and Diane Doolan ('98) at the Latino Alumni Chapter New Students Welcome Reception in November 1997·

(Above) Academic Dean Leo Martinez ('78) with current and former La Raza Chairs Dania Wong ('90), Si lvia Robles ('99), Virginia Villegas ('95), Lucia Corral ('93), and David Morales ('97) at the Latino Alumni Chapter New ORANGE C OUNTY Students Welcome Reception in November 1997. NEW B AR ADMITTEES RECEPTION FEB RUARY 1998

(Right) Shirley Cho ('97) with Mona Hanna ('87).

(Above ) Kenneth R. Pivo ('78), left, pictured here with Timothy J. Gray ('91), graciously ojJened his Law Office of Pivo & Halbreich to the Orange County Chapter New Bar Admictees RecejJtion.

(Above) Orange County JlLdges Raymond J. Ikola ('74), Jamoa A. Moberly ('76), John L. Flynn III ('82), and Thomas N. Thrasher ('64).

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(Below) Jim Garrett ('77), Valerie Fontaine ('79), John HOllI S ('71), and Harr y Sherr ('80)

SAN DIEGO STATE BAR RECEPTION

SEPTEMBER 1997

(Above) Alumni Association President-Elect Brad Fuller ('83) and Kandy Allen (,83).

(Above) Hon. Thomas Duffy ('54), Sue Duffy, and Donald So lomon ('59)·

(Above) Dean Mary Kay Kane, Hon. Robert Letteau ('67), and Donna Letteau. 11 ,\ ST 1:\ I: S

(Below) William Lohse ('66), Jane Baxter, and Hon. Marvin Baxter ('66).

(A bove ) Mike McCormick (,61) and Eli zabeth Franco Bradley ('77).

(Above ) Dennis Weave r ('74) and Aubrey Weldon ('74).

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(Below) Hon. Anne!te LuRue (<,2) und FRES 0 ALL'M I Carherine Cerna ('95). CHAPTER LL'NCHEO

~1ARCH 1997

(Above ) Poncho Baker ('91), Howard Sagaser ('76), and Craig Houghron ('79).

(Abote) LeRoy Humpal ('67), Michelle Gnggs (' 5), and Margarira .\1arrme~ ('85). (Abote) Dean Mary Kay Kane, Fresno Chaprer's 1998 A lum nus of the Year Carmen Eannl ('63), and Fresno Chapter President Jim Shekoyan ('65).

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RIVERSIOE~SAN BERNARDINO ALUMNI RECEPTION (Below) Ron Skipper (,65), Mike Clepper (,60), and Ron Mi ller ('73). DECEMBER 1997

(Above) Dean Mary Kay Kane, Virginia Magdziasz, and Don Magdziasz ('66).

Los A NGELES N EW B AR A OMITTEES R ECEPTION FEBRUARY 1998

(Below) Front row, Robert Lu ('97), Emi Gusukuma ('97), and Tracy Choy ('97). Back row, A lbert Li u ('97) and Lauren Black ('97).

(Above) Front row, Thuy Bui ('97), Judy Lee ('97), and Los Angeles Alumni Chapter President Lauriann Wright ('94). Back row, Ashley Tabaddor ('97) and Travis Gemoets ('94).

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S-\ T-\ B-\RRAR-\ ALL \1 'I RECEPTIO lIECE}'1BER 1997

(Below) Dean Mary Kay Kane and Mike McMahon ('76).

(Above) Susan Chuberka ('97), Mike Mutta n , Kim Abkin, and Pau l Wilcox ('92).

(Above) Hon. Flo yd Dodson ('52) and Hon. Clifford A nderson III ('78).

(Left) Tom Malley ('69) and Alumni Associalion Board member David Reese ('87),

(Abot'e ) Bobby Bierig ('79), Darlen e Harper, and Ron Harrington ('67)·

HAWAII NEW BAR (Above) Gerald Parent ('59), Melbourne Weddle (,63), and Dean Mar y Kay Kane. ADMITTEES RECEPTION JANUARY 1998

(Right) Seated, Denelle Dlxon·Thayer ('97), Julia Hye'Yllng Park ('97), and \'illan 1501 ('97). Standing, Al \Iung ('6 .. ), A III In nl Association Preslden t Ene Abramson (', I), Dean Mary Kay Kan~, Hane) Lung (' I), Dalld Ftlher ('97), ChrIS ~lashiba ('97), George Gusma n II ('97), a nd Ben Koba:;ashl, Jr. ('65)· .. 11 ,\ S'I' I i'I (: S .

his Spring 1998 listing of "Class CLASS OF '56 C L ASS OF '59 T Notes" is based on items received HON . ROBERT E . COYLE se rves as HON . CARLOS P . BAKER, JR., a before January 3I, 1998. Informa­ C hief Judge of the US. District Court for retired Municipal Court Judge, was pro­ tion received after that date will the Eas tern District of California. Coyle filed in the September 18, 1997, iss ue of appear in the next issue. If you have news was appointed to the federal judgeship in the Los Angeles Daily Journa l. Baker was for "Class Notes," send it in the envelope 1981 by President Ronald Reagan. appointed by the Judic ial Council in 1983. found in the center of this magazine. You may find the form on page 44 helpful.

CLASS OF '58 CLASS OF '60 CLASS OF '33 HON . RICHARD T. FORD, a bank­ HON . WILLARD W . McEWEN of the JOHN B. LONERGAN simply retired ruptcy judge for the Eastern District of U S. Central District of California was in reasonably good health. California, sitting in Fresno, retired after profiled in the November 5, 1997, issue of servin g 10 yea rs in that position. Prior to the Los A nge les Daily Journal. McEwen his appointment, he had practiced law fo r was appointed to the Central District 39 yea rs. HON . EUGENE F. LYNCH, Court bench in June 1973. CLASS OF '47 who is retired from the U S. District EDWARD M. DIGARDI is a partner at Court for the Northern District of the Oakland firm of Digardi & Campbell, California, joined JAMS/ Endispute as an where he focuses on civil litiga tion and arbitrator and mediato r. He was profiled CLASS OF '64 personal injury law. in the July 22, 1997, issue of the San HON . THEODORE E . MILLARD of Francisco Daily Journal. the O range County Superi or Court was profiled in the January 3, 1998, issue of the Los Angeles Times. GLENN L. RIGBY CLASS OF '52 J OHN T. KNOX, a former assemblyman and lobbyist, is of counsel at the San Francisco firm of Nossaman, Guthner, GOOD DEEDS IN Los ANGELES Knox & Elliot. Knox was profiled in the November 30, 1997, issue of the Antioch Daily Ledger-Pos t Dispatch regarding his endowing a $25,000 scholarship fo r Richmond students who attend Has tings. HON . STANLEY C . YOUNG was pro­ fil ed in the August 14, 1997, issue of the Los Angeles Daily Jo urnal. Young was appointed to the Plumas County Superior Court by Gov. Ronald Reagan in January 1969.

CLASS OF '55 HON. EDWARD H . CHIDLAW was profiled in the October 21, 1997, iss ue of the Los A ngeles Daily Journal. C hidlaw was appointed to the San Luis O bispo Hastings alumni jOined forces with other volunteers on May '7, '997, at the L.A. Works Day Help·a- Thon. During Municipal Court by Gov. George the community service da y, vo lunteers help with projects such as constructing community gardens, painting murals, and pla nting trees and [towers. Above, David Olenczuk ('94) and Lauriann WriglH ('94) paint classroom planters Deukmejian in June 1986. at an elementary school in Hawaiian Gardens. "The kids come back to schoo l on the Monday foUowing L.A. Works Day and are happy and excited to see their school loo king better than ever," said Wrig ht. Also jJarticipating were Tam ara Wayne ('95), Robin Perry ('95), Fes ia Davenport ('95), and Yvonne R. Jones ('74).

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retired a hief oun el of the Franchi e CARSON ha j incc.! T.'lX Board in Augu t 1997, after ervi ng CLASS OF '66 MINI--REUNION th lawfirmof for 16 year" Formerly, he had been with Fulbright & the alifornia tate Board of Equaliza­ Jawor ki, L.L.P., in tion. HON . THOMAS N. THRASHER Los Angeles, where was ele t d As i tant Presiding Judge of he practices intellec­ the Orang County Superior Court in tual property law. Octoher 1997. ROBERT H. RONAL D G . TOURTELOT was reappointed by Gov. HARRINGTON, a Wi! on to another four-year term as a solo practitoner in member of the California Hor e Raci ng Ventura, wa award­ Boa rd in October 1997. Tourtelot is a ed the State Bar of partner at the Lo Angeles firm of Califo rnia's Pro Tou rtelot & Butler, where he focuses on Bono Award for real e tate and civil litiga tion. public se rvice. Harrington was fea­ tured in the September 14, 1997, CLASS OF '65 Fi ve classmates from the Class of 1966 recently held a mini-reu nion in Los Angeles. issue of the Wood­ They include (from left to right, seated) Superior Court judge Richard Fra zee and GARY T. GIACOMINI was named California Supreme Court justice Mar vin Baxter and (standing) Superior Court land Hills Daily the 1997 Marin C itize n of the Year judge Robert jameson, james Mahoney, and Stuart Lichterman. News-Santa Clarita by the Citi ze ns Foundation of Valley Edition. Marin and the Marin Council of HON . THOMAS Agencie . Giacomini is a recently retired tation was entitled "Confessions of a C . HENDRIX was profiled in the six-term Marin County Supervisor, the Former Insurance Defense Counsel: G uy October 13,1997, iss ue of the San Diego longest- erving supervisor in Marin 0. Kornblum Tells All." J AM ES E . Union Tribune and the August 13, 1997, County. BEN JAMIN HAGA N , JR ., who MAHON E Y was reappointed to the iss ue of the Los Angeles Daily Journal. is retired from the State of California Board of Directors for Has tings by Gov. Hendrix was appointed to the San Diego Department of Transportati on, now serves Pete Wilson. Mahoney, a partner with the County Superior Court by Gov. Pete as a pro bono atto rney for the Senior Legal Los Angeles firm of Mahoney, Wilson in January 1993. NICHOLAS G . Hotline, an arm of Legal Services of Coppenrath, Jaffe & Pearson, L.L.P., has MOORE, Chair and CEO of Coopers & Northern California. ROBERT L. se rved o n the Has tings Board si nce 1986. Lybrand, L.L.P., was elected a member of M ILLS, who was on Bob Hope's writing THOMA S R . M A LCOLM was named the Board of Trustees of the Financial staff for 15 yea rs, has retired from the the Business Litiga tion Trial Lawyer of Accounting Foundation, which is respon­ Writers Guild of America and is now a the Year by the Orange County Trial sible for funding, overseein g, and selecting lecturer on the Crystal Cruise Line's Lawyers As ociation. Malcom, a partner the members of the Financial Accounting "Legends of Comedy" series, recalling his in the Irvine office of Jones, Day, Reavis Standards Board. MICHAEL years with Hope. He'd love to hea r from & Pogue, is active in government affairs ROTHSCHILD practices criminal his classma tes bye-mail at and se rves as the chairman of Gov. defense in his Sacramento firm of [email protected]. HON . R ICHARD Wilson's Judicial Selection Committee for Rothschild, Visher & Sands. C . TURRONE of the Santa Clara the Superior Court of Orange County. County Superior Court was profiled in CHARLES W. ROWLAND serves as the the Jul y 30, 1997, is ue of the San Francisco C ity Attorney, City of Sherman, Texas. Daily Journal. In 1984, he was appointed to Rowland was profiled in the October 17, CLASS OF '68 the Municipal Court by Gov. George 1997, issue of the Sherman, Texas, Herald JOHN A. BARTHROP joined Smith & Deukmejian, then was elevated to the Democrat. Sinek to form the Santa Ana firm of Superior Court two years later. Smith, Sinek & Barthrop. Barthrop has 28 years of litigation experience in the areas of fraud, business disputes, unfair business CLASS OF '67 practices, medical malpractice, and per­ L. ",SS OF 66 LUCIUS P. BERNARD moved his two­ sonal injury, as well as transactional mat­ HON . C . ROBERT JAMESON of the member firm, Heckles & Bernard, to San ters. HON . THOMAS W. KELLY was Orange County Superior Court was Rafael. The firm maintains a general civil profiled in the September 3,1997, issue of named Judge of the Year by the Consumer practice, with an emphasis on business the Sacramento Recorder and the August Attorneys of California. Jameson was and real estate law. HON . ROBERT C . 28, 1997, issue of the Los A ngeles Daily appointed to the Superior Court in 1987. BRADLEY of the Ventura County Journal. Kelly was appointed to the Butte GUY O . KORNBLUM participated in a Superior Court was featured in the County Municipal Court in May 1994 by First Party Bad Faith Seminar, a CLE pro­ November 29, 1997, issue of the Los Gov. Pete Wilson. EDMUND D . gram presented by The Rutter Group in Angeles Times. Bradley was appointed to MCMURRAY officiall y retired after 29- an Francisco and Los Angeles in the Superior Court in 1984 by Gov. plus years with the State of California, 26 October and ovember 1997. His presen- George Deukmejian. JOH N M. of which were with the Office of the . .. 11 .\ :-: 'I' I :-I (: :-:

Attorney General, where he speciali zed in Municipal Court in January 1995, after Journal. Herrick was elected to the Lake prosecuting capital appeals and was the having been elected to the Justice Court County Superior Court in November first death-penalty coordinator for the in June 1988. KATHRYN W . HALL was 1994. RICHARD H . JORDAN was elect­ Sacramento Office, holding that position nominated by President C lin ton to be the ed Vice President of the NorthBay for some 10 years. He plans to spend his U.S. Ambassador to Austria. Hall is Workers' Compensation Association. retirement at his home on the Bodega Executive Vice President/ Managing Jordan is a founding member of the seven­ Harbor golf course play ing golf and writ­ Director with Hall Financial Group, Inc., year-old organization, which is headquar­ ing crime novels. PHILIP M. SHAW an in vestment firm. In 1995, she was tered in Santa Rosa. JOHN M . joined the intellectual property depart­ appointed to the National Advisory KAHENY was appointed City Attorney ment of C rosby, Heafey, Roach & May Council for Vi olence Against Women, in Chula Vista in November 1996, after 22 and is working out of its new San and, in ea rl y 1997, she was named a trustee years with the City Attorney of San Francisco office. for the Woodrow Wilso n International Diego. JANEEN KERPER was appoint­ Center for Scholars. PAUL D. SUPNIK ed academic d irector for the California currently chairs the editorial board of the Western School of Law's Center for Los Angeles County Bar Association's CLASS OF '69 magazine, Los Angeles Lawyer. Supnik PETER W. DAVIS was elected practices trademarks, copyright, and Secretary of the Boa rd of Directors of the entertainment law in his Beverly Hills American Academy of Appellate Lawyers. office. DEBORAH J. WIENER, former­ Davis is a partner with C rosby, Heafey, lya partner at Carroll Burdick & Roach & May. TIMOTHY C . EAGEN McDonough, joined the Sa n Francisco provides the weekly political cartoon strip firm of Trucker Huss as of counsel. "Deep Cover" for the Santa Rosa Press Wiener specializes in represe nting health Democrat. KENNETH M . MALOVOS and welfare plans, ERISA Trust Funds, joined the Sacramento office of Graham and 401(k) plans and their fiduciaries. & James, L.L.P., as Chair of the firm's busi­ ness litigation practice. In addition to directing the firm's litigation practice, he wi ll continue his service as a neutral arbi­ CLASS OF '73 trator and mediator for various business ERNO R . BONEBAKKER has joined disputes. Previously, he served as a se nior the law firm of Erler and Powers. janeen Kerper ('73) litigation partner with Weintraub, Bonebakker will concentrate on litiga­ Genshlea & Sproul. HON . ROBERT F. tion, business, maritime, and commercial C reative Problem Solving. Kerper also has MOODY was profiled in the December 9, matters. HON. KEITH FUDENNA was been appointed by the U.S. Information 1997, iss ue of the Los Angeles Daily profiled in the December 19, 1997, issue of Service and National Institute for Trial Journal. Moody was appointed to the the Hayward Review and the September Advocacy to assist in the process of judi­ Monterey County Superior Court by Gov. 24,1997, issue of the Alameda Times Star. cial reform in Chile and Venezuela. Pete Wilson in October 1997. Fudenna, the former Alameda County MICHAEL J . LOEB, after 20 years at Municipal Court Commissioner, was the firm of Crosby, Heafey, Roach & May, appointed to the Fremont-Newark-Union joined the firm of McCutchen, Doyle, City Municipal Court by Gov. Pete Brown & Enersen. Loeb is an employ­ CLASS OF '70 Wilson in December 1997. HINDI ment law specialist who will split his time HON . ROBERT S. BOYD was profiled GREENBERG has presented programs between the San Francisco and Palo Alto in the December 15, 1997, issue of the on career satisfaction and career change offi ces. JACK B. MCCOWAN, a part­ Santa Rosa Press Democrat and the for the ABA; the Ohio, Oregon, ner in the San Francisco firm of Gordon November 26, 1997, issue of the Sebastopo L Minnesota, and California Bars; and for & Rees, was appointed Chair of the Sonoma West Times & News. Boyd was numerous law schools ac ross the country. Defense Research Institute's medical appointed to the Sonoma County In an article about lawyer career iss ues, device subcommittee. A seasoned trial Superior Court by Gov. Pete Wilson in the Los Angeles Tim es called him "the lawyer, McCowan specializes in products November 1997. HON. ERIC L. Ann Landers for lawyers." His book on liability, with an emphasis on the defense DuTEMPLE was profiled in the October lawyer career options and change will be of manufacturers of medical devices. He 14,1997, iss ue of the Sacramento Recorder published by Avon Publishing (Hearst is on the steering committee of the and the October 9, 1997, issue of the Los Corp.) in fall 1998. H e continues to hike Chicago-based institute. WILLIAM B. Angeles Daily Journal. DuTemple was more than 20 miles a day when in the SMITH, a partner with Abramson & elected to the Tuolumne County Superior Sierras during the summer and fall, train Smith in San Francisco, was named a Court in June 1992. HON. EDWARD horses for the National Park Service at Pt. Fellow of the American College of Trial FORSTENZER was profiled in the Reyes National Seashore, and volunteer as Lawyers. Smith continues to specialize in September 26, 1997, issue of the Los an adoption counselor at the San > major personal injury cases, focusing on Angeles Daily Journal. Forstenzer was ele­ Francisco S.P.C.A. HON . DAVID W . products li ability, toxic torts, professional vated on the bench by the conversion of HERRICK was profiled in the November malpractice, and insurance law and is an the Justice Court to Mono County 28, 1997, issue of the Los Angeles Daily adjunct professor at Hastings.

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CLASS OF '75 senting clients uch a the Lo ANTHONY R. DE ALCUAZ Angeles Unified cho I wa profiled in the ovember District, General Electric, and 1 ,1997, is ue of the San Tuneup Master. John on al 0 Francisco Recorder. Previously has been a Commi sioner on with the an Jose-based fi rm of the Fair Employment and kjerven, Morrill, MacPherson, Housing Commission and Franklin & Friel, de Alcuaz chaired the S,OOO-member joined Howard, Rice, California State Bar Labor emerov ki, Canady, Falk & Employment Law Section. K IM Rabkin, where he focuses on MAROIS is an estate planning intellectual property law. and tax attorney with office THEODORE A . in Santa Rosa and San GRI F FI NGER is the managing Francisco. Marois discussed partner for the San Francisco "Beyond the Tax Relief Act of firm of Landels Ripley & 1997: Other Recent Tax Diamond. Griffinger, a special­ During a recent trip CO Orange County, Dean Mary Kay Kane visited with Parker Kennedy ('73), President of First American Financial Developments- New Cases, ist in business and real estate lit­ Corporation, in First Americans Santa Ana corporate headquarters. Rulings, Etc." at the October igation, will split his time 1997 meeting of the Marin between his practice and firm County Bar Association's management. WILLIAM T. Probate and Estate Planning MANIERRE joined the law PERO was profiled in the January 11, Section. LESTER J . MARSTON was firm of Sheppard, Mullin, Richter & 1998, issue of the Marysville Appeal­ profiled in the December 5, 1997, issue of Hampton, L.L.P, as a business partner spe­ Democrat. Del Pero is a Yuba City attor­ the Los Angeles Daily Journal. Marston cializing in commercial transactions, cor­ ney who practices estate planning, pro­ represents the Northern California tribes porate and securities matters, and mergers bate, and business counseling with her in his Ukiah firm of Rapport & Marston. and acquisitions. Formerly, he was a part­ father and was honored as the 13th annu­ ner with Bronson, Bronson & al Athena Award winner. The award, McKinnon. HON . GARRETT W . given by the Yuba-Sutter Chamber of OLNEY was profiled in the November 24, Commerce, acknowledges local residents CLASS OF '77 1997, issue of the Sacramento Recorder. who personify professional excellence, HON . ROGER T. PICQUET was pro­ Olney was appointed to the Plumas are active in community service, and fi led in the October 2, 1997, issue of the County Municipal Court by the Board of have helped women achieve their full Los A ngeles Daily Journal. Picq uet was Supervisors in 1994, after the conversion potential. HON . MICHAEL M . appointed to the San Luis Obispo of the Justice Court to a Municipal Court. JOHNSON was appointed to the Los Municipal Court by Gov. Pete Wilson in SUSAN M . POPI K was elected to the Angeles County Superior Court by Gov. October 1993. DAVID H . WATERS was governing council of the ABA's Tort and Pete Wilson in November 1997. Formerly elevated to partner at the Oakland firm of Insurance Practice Section and promoted with Baker & Hostetler, Johnson was Larson & Burnham. Waters specializes in to executive co-editor, CGL Reporter, pub­ insurance coverage law and has been lished by International Risk Management, counsel in many property loss cases stem­ Inc. Popik is a partner in the San ming from the 1989 Loma Prieta earth­ Francisco firm of Chapman, Popik & quake and the 1991 Oakland Hills fire. White.

CLASS OF '78 CLASS OF '76 C H ARLES D R E XLER heads up a small HON . STEPHEN D. BRADBURY Oakland firm that specializes in transac­ was profiled in the November 24, 1997, tional work, estate planning, and civilliti­ i sue of the Los A ngeles Daily Journal. gation. W ILLIAM W . HODGMAN was Bradbury was elected to the La sen profiled in the November 6, 1997, issue of County Superior Court in March 1996. the Hermosa Beach Easy Reader. Formerly, Bradbury was President and Hodgman is Director of Special General Counsel of the Five Dot Land & Operations at Los Angeles County's Cattle Co. in usanville. MARIA-ESTER District Attorney's Office. MARILYN DE ANDA i serving as Coun el to the Michael M. Johnson ('76) KLING E R , a partner with Sedgwick, ew Mexico Secretary of State and was Detert, Moran & Arnold, has been reap­ recently appointed by the Secretary to pointed as Chair of the Fidelity and -er\'e a the Acting Ethics Administrator Chair of the firm's employment law Surety Committee of the International for Ethics Administration, a division group, where he specialized in employ­ Association of Defense Counsel. Klinger within the agency. LISA A. DEL ment and civil rights litigation, repre- practices surety, construction, and bank- . 11 ,\ S'I' I N (; S .

ruptcy law. R . S. LAPHAM, Ass istant U.S. Attorney, Eastern District of California, was a prosecutor in the US. v. Alum in the News Kaczynski Unabomber case. Lapham has been a federal prosecutor in Sacramento for the past 10 years. RICHARD A . LlTTORNO, a partner with Rives, Huffaker, Littorno & Jenny in Pittsburg, COLBY AWARDED SKADDEN FELLOWSHIP California, was recently elected Mayo r of Clayton. BRAD S . SELIGMAN was fea­ tured in the July 21, 1997, issue of the Sarah Colby ('97) has won a prestigious National Law Journal. Seligman estab­ Skadden Fellowship, the first Hastings lished the Impac t Fund, a Berkeley-based graduate to win the honor since it was foundation that prov ides resources for established in 1988. social-impact litigation. Her Skadden public service project will provide direct services, advocacy, and education to enforce the rights of people with H IV / AIDS in the work­ CLASS OF '80 place. "T he success of new medications J . TERENCE HANNA was profiled in in combating HIV has created a surge of the October 4, 1997, issue of the Walnut people returning to the workforce," Creek Contra Costa Times and the Colby said. "However, people who have Pleasanton Valley Times. Hanna is region­ decided to take this courageous step may al President of California operations of encounter legal and social barriers to Pulte Homes, the nation's largest home positive work experiences." builder. WERNER LEWIN is the Colby will work at the Legal Aid Skadden Fe!!ow Sarah Colby ('97) founder and President of Attorney Society of San Francisco's Employ ment Assistance, a Novato legal recruiting firm. Law Center on Mission Street to provide education to the community about the NOAH SHERMAN, a retired Berkeley rights of workers with HIV under the Americans With Disabilities Act, the attorney, received an award from the Family and Medical Leave Act, and California laws. She also will assist people in Volunteer Legal Services Program Bar obtain ing accommodations and medical leave, in protecting privacy, and in com­ Foundation for his pro bono work with bating harassment and discrimination. the Homeless Advocacy Project in San On graduation, Colby was selected for a highly sought-after judicial clerkship. Francisco. He was featured in the She is currently working for Judge Charles Legge of the U.s. District Court of October 19, 1997, issue of the Hayward the Northern District of California, researching legal issues on civil and criminal Sunday Review and Alameda Times Star. motions. She won the Skadden Fell owship as an outgoing judicial clerk. HARRY A. SHERR was profiled in the Her law school activities demonstrated her concern with social and h uman­ October 1, 1997, issue of the Los Angeles rights issues. During 1995-97, she completed a number of legal internships- at the Daily Journal. Sherr, a u.s. Trustee, U.S. Legal Aid Society of San Francisco, where she wrote legal memos on cases involv­ Bankruptcy Court, Southern D istrict, ing disabili ty-based discrimination and employer violations of state and federal was appointed trustee by Attorney leave laws; at the American Civil Liberties Union of Northern California; at the General Janet Reno in 1994. BRUCE L. National Center for Lesbian Rights in San Francisco; and at the California SIMON was profiled in the January 9, Department of Justice. She also worked at the H astings Civil Justice Clinic, 1998, issue of the San Franci sco Daily where she handled a wage-and-hour case from beginning to end. Journal and the January 14, 1998, issue of The Skadden Fellowships were established wi th a $10 mill ion commitment in the San Francisco Examiner. Simon is a 1988 on the 40th anniversary of the international law firm of Skadden, A rps, name partner with the Burlingame-based Slate, Meagher & Flom. Fellows receive a salary of $32,500 and provide legal ser­ firm of Cotchett, Pitre & Simon. H is vices to the poor, elderl y, homeless, disabled, and those deprived of their civil or practice includes consumer fraud, elder human rights. Twenty-six finalists are selected in a rigorous screening from a abuse, toxic torts, and antitrust. national pool of graduating law students and outgoing judicial clerks. CLAUDE M . STERN, a litigation part­ ner in the Palo Alto office of Fenwick & West, has been named to the editorial board of the International Computer Law a monthly electronic newsletter Observer, CLASS OF '81 in Wilmington, Delaware. Johnson serves that addresses a wide range of legal issues EVAN FINKEL joined the Los Angeles as Vice President for Victory Technology, relating to computers, technology, and office of Pillsbury Madison & Sutro, L.L.P. a California developer of multimedia soft­ the Internet. Formerly, Finkel was with the firm of ware. MICHAEL T. LUCEY is a manag­ Loeb & Loeb. LLOYD M . JOHNSON is ing partner at the San Francisco firm of the Executive Director of the fledgling Gordon & Rees. Lucey, with the firm Minority Corporate Counsel Association

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HAWAII ALUMNI TAKE PART IN HIGH SCHOOL OUTREACH

Fifty high school students and their counselors turned out February 19,1998, at the Pacific Club in Honolulu to learn about the practice of law from Hastings alumni in Hawaii. The alumni pro­ gram was the first time that the Hawaii Association of College Admission Counseling has jointly sponsored a professional school outreach program for high school­ ers. Some 316 Hastings graduates live and practice law throughout Hawaii.

Panelists were, in photo above, left to right, College Counselor Judy Hiramoto of lolani School, Hawaii Supreme Court Justice Paula Nakayama ('78), Ellen Carson (Han'ard '79), Academic Dean Leo Martinez ('78), Al Wong ('63), and Kip Darcy, Hastings Director of Admissions.

Among alumni attending were, in photo to left, Harvey Lung ('81), Denelle Dixon-Thayer ('97), Ronald Au (,63), who hosted the func­ tion, and Vivian Tsoi ('97).

since 1981, speciali zes in personal injury, CAINES has been appointed to the Board 1997. Fujioka practices municipal law at employment, environmental, and insur­ of Directors of the African-American the Oakland City Attorney's Office. ance defense litigation. HON. MARIE Community Entrustment. Caines prac­ ROBERT J. KANEDA will spend the S . SILVEIRA was featured in the tices employment and labor law at his San 1997-98 academic year at the Ecole November 20, 1997, issue of the Modesto Francisco firm. HON. CYNTHIA A . Nationale d'Administration in Paris, Bee. A solo practitioner in Modesto since DENEHOLZ was profiled in the France, and he will then serve as the 1996, Silveira focuses on civil, personal September 29,1997, issue of the Santa Chief of the Political Military Affairs injury, employment law, and insurance Rosa Press Democrat. Deneholz was Unit at the U.S. Embassy in Paris. JAMES cases and was appointed to the Stanislaus appointed to be the Sonoma County R . O ' DELL practices civil litigation at County Municipal Court bench by Gov. Court Commissioner for the new Child­ the San Francisco firm of Hancock, Pete Wilson in November 1997. Support Court by the Sonoma County Rothert & Bunshoft, L.L.P MICHAEL judges on September 8, 1997. KENNETH G. ORNSTIL is a full-time mediator and FANG was elected President of the Los arbitrator for JAMS/ Endispute in San Angeles County Asian-American Francisco. Formerly, Ornstil was a partner CLASS OF '82 Employees Association. Fang is a deputy with Sedgwick, Detert, Moran & Arnold. RAYMOND A . BRANKER was hon­ public defender at the Los Angeles TINA L. RASNOW, a real estate attor­ ored with admission into the American County Public Defender's Office. ney in Thousand Oaks, was featured in Board of Trial Advocates in July 1997. MARGARET J. FUJIOKA was installed the November 25, 1997, issue of the Los Branker practices business litigation and as President of the National Asian Pacific A ngeles Daily lou mal. Rasnow is the first in urance law at the Costa Mesa office of American Bar Association in November lawyer in Cali fornia to hold the position tate Farm Insurance. DENNIS E .

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of Pro Per Information Center shops to enhance the efficiency of local served as a research associate for the Elder Coordinator for the Ven tura County organ iza tions. CATHERINE A . RIVLl N , Law Clinic, conducting empirical Superior Court. HON . DEBRA Supervising Deputy Attorney General for research in to the implementation of EDISON SILBER was elected to the the California Department of Ju stice in guardianship reform in Pennsylvania. Civil Court of the City of New York San Francisco, was recently honored with ROBERT W . MCADAMS, a partner in from Kings County in November 1997. the Attorney General's Award for the Columbus office of Baker & CYNTHIA K . THORNTON was pro­ Excellence in Legal Services, presented Hostetler, L.L.p, wrote a monograph titled moted to Vice President of the La Jolla annually by California Attorney General "Home Health Agencies: Legal, company Medical Biology Institute. Dan Lungren. Regulatory, and Contractual Issues." Thornton practices real estate law and McAdams practices business and health business li ti gation. ALEXANDER M. care law. SHONTE G . PENLAND, a WEYAND and JEFFREY S . MARTIN Deputy District Attorney in Los Angeles, (,85), former partners at the San CLASS OF '85 recently married Joseph Abraham. Francisco firm of Gordon & Rees, have JEFFREY S . MARTIN and Penland is an officer of the Langston Law formed their own firm, Peterson W il ka ALEXANDER M . WEYAND ('82), for­ C lub. JANICE L. SPEROW, managing Weyand Martin, specializing in business, mer partners at the San Francisco firm of insurance, and real property law. T hey Gordon & Rees, have formed their own were profiled in the Nove mber 29, 1997, firm, Peterson Wilka Weyand Martin, spe­ issue of the Oakland East Bay Business cializing in business, insurance, and real Journal and the December 2, 1997, issue of property law. They were profiled in the the Alameda JournaL November 29, 1997, iss ue of the Oakland East Bay Business Journal and the December 2, 1997, issue of the Alameda JournaL HON . KEVIN M . CLASS OF '84 MCCARTHY was profiled in the KATHRYN J . GUTIERREZ opened the September 11, 1997, issue of the Los Law Offices of Kathryn J. G utierrez in Angeles Daily JournaL McCarthy was January 1997. Gutierrez practices corpo­ elected to the San Francisco Superior rate law in her San Jose firm. Court in March 1996. MARK D . BRADFORD R . KANE has been serv­ MCWILLIAMS has joined Michiga n ing, since 1995, as Deputy Controller, Protection & Advocacy Services, Inc., as Janice L. S/)erow ('86) Legislation, in the California State Director of Information and Referral. Controller's Office, following eight years Previously, McWill iams was managing partner of the San Francisco firm of Ruiz working in the U.S. House of attorney for West Virginia Advocates, & Sperow, has been named President of Representatives. CHERYL A . LEBOW Inc., in Charleston, West Virginia. the National Association of Women was feat ured in the August 13, 1997, issue VIVIEN B . WILLIAMSON joined the Lawyers. Sperow practices employ ment of the San Francisco Chronicle. Lebow is a National Roster of Mediators of the and education law, as well as arbitration family law fac ilitator in Contra Costa American Arbitration Association. and mediation. County. EULANDA L. MATTHEWS Formerly, Will iamso n was with was profiled in the December 29, 1997, JAMS/ Endispute. issue of the Los Angeles Daily JournaL Matthews is senior trial associate at the CLASS OF '87 Los Angeles firm of Ivie, McNeil & ELIZABETH A . FRANKLIN was Wyatt and serves as President of the CLASS OF '86 appointed Senior Counsel of Fireman 's Black Women Lawyers Association. MARY E. BRUNO is a partner in the Fund Insurance Company. Franklin is a HON. CINDEE M. MAYFIELD was Phoenix office of Littler Mendelso n. appointed to the Mount Sanhedrin Bruno specializes in a wide array of Municipal Court by Gov. Pete Wilson in employment law matters. WILLIAM P . November 1997. She is the first woman to KEANE joined Farella, Braun & Martel hold the position in Mendocino County. as special counsel. Keane, a former Formerly, Mayfield was a partner with the Assistant U.S. Attorney in the Silicon Mendocino County firm of Rawles, Valley office, will specialize in complex Hinkle, Carter, Behnke & Oglesby. She civil and criminal litigation with an was profi led in the January 10, 1998, issue emphasis on intellectual property and of the Santa Rosa Press Democrat. PETER white-coll ar crime. MARTHA M. S . MYERS specializes in business law MANNIX was appointed Visiting and estate planning at the San Francisco Assistant Clinical Professor of Law at the firm of Fritz & Myers. Myers is instruct­ University of Pittsburgh Law School. ing an eight-week course for the Mannix supervises the Elder Law Clinic California Business Consultation Group, and teaches in the Corporate Counseling an Oakland-based firm providing work- Cli nic. Prior to her appointment, she Elizabeth A. Franklin ('87)

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member of the c mpany's General as Associate General Counsel for the two ner in the anta Ro a firm of Abb y, Coun el' office in Novato. HAL M . yea rs prior to its acquisition by Apple Weitzenberg, Kelly, Nadler, Hoffman & MERSEL wa elected to partner in the Computer Inc. JOHN S . SCHUSTER Emery. Walls' practice focuse on corpo­ Orange County office of Morrison & is a partner in the national firm of rate, real e tate, and commercial tran ac­ Foer ter. Mer el practices business litiga­ H owrey & Simon. Schuster handles com­ tions, as well as on common interest devel­ tion and bankruptcy law. ANA R . plex civil and criminal trials, including lit­ opments, estate planning, and probate. NASON was profiled in the November 3, iga tion involving intellectual property 1997, issue of the Reno Gazette Journa L rights, antitrust, unfair competition, Nason is Executive Director of the health care, and insurance fraud, in the League to Save Lake Tahoe. ERIC S . firm's Los Angeles office. TANYA J . CLASS OF '91 OTO and Jeffery Boykin formed the Los SMITH is a Human Rights Officer at the DEBRA FENTERS BARBIN and her Angeles firm of Boykin Oto. Formerly, United Nations in Geneva, Switzerland. husband celebrated the birth of their fir t Oto was with the Los Angeles office of TODD A . SPITZER was fe atured in the child, Devin Renee, in September 1997. Crosby, Heafey, Roach & May. Oto prac­ November 4,1997, issue of the Los Angeles CHRISTOPHER R. CLINE was made tices civil litigation. Times. Spitzer is the Third District partner in the Portland, Oregon, firm of Supervisor for the O range County Board Lane Powell Spears Lubersky, L.L.p. Cline of Supervisors. RICHARD S . WINER handles estate planning and administra­ was elevated to partner at the San tion, as well as charitable giving for h igh­ CLASS OF '88 Francisco firm of Landels, Ripley & net-worth individuals. RICHARD E . PETER S . DICKINSON is a partner at Diamond. Winer specializes in transac­ DOMINGUEZ, an Assistant U.S. the Burbank firm of Geffner & Bush. tional real estate law. Attorney in Washington, D.C., and his Dickinson's practice focuses on trusts. wife celebrated the birth of their second CHRISTINE FITZPATRICK joined the son, John Maximillian, in November 1997. corporate department of the San RUTH V . GLICK published "Arbitrator Francisco office of Orrick, Herrington & CLASS OF '90 Disclosure: Recommendation for a New Sutcliffe. Fitzpatrick practices real estate GENEVIEVE CHESNUT, an associate UAA Standard" in the Ohio State Journal law. DAVID H . MANN is a partner with with Seltzer, Caplan, Wilkins & on Dispute Resolution. CAROL A . the firm of McNamara, Van Blascom, McMahon in San Diego, was appointed to JASINSKI joined the San Francisco firm McClendon & Leibold in Orange. Mann the Board of Directors for the California of Kersletter & R illo, where she special­ specializes in municipal law. TINA State University, San Marcos Foundation. izes in intellect ual property litigation, LOUDA MULLIGAN is a solo practition­ Chesnut focuses on estate planning, trusts, civil appeals, and complex fam ily-law er focusing on juvenile dependency in her probate administration, and tax-exempt issues. HEIDI T. SALERNO is working Lakeport firm and was recently married. organizations. AARON D . KAUFMANN for the California Department of Justice, SHARI C . ROSENMAN was fe atured joined the Oakland firm of Saperstein, Attorney General's Office in Oakland. in the October 22, 1997, issues of the Los Goldstein, Demchak & Baller. Formerl y, CHARLES T. SHELDON was elevated Angeles Times and San Franci sco Daily Kaufmann was with Breon, O'Donnell, to partner in the San Francisco firm of JournaL Rosenman practices business liti­ Miller, Brown & Dannis. THOMAS A . Sedgwick, Detert, Moran & Arnold. gation and employment law at Legal MOORE was recently hired by Colton & Sheldon specializes in toxic torts, environ­ Research Network in Los Angeles. Roesser to manage the Los Angeles office, mental defense, and insurance coverage. SUSAN C . SANTO was appointed Vice which handles defense of medical malprac­ JOEL D . SIEGEL joined the Los President, Secretary, and General Counsel tice and general insurance defense mat­ Angeles office of Brobeck, Phleger & for the San Francisco-based PLM ters. JONATHAN C . ROLNICK and Harrison. Siegel practices business and International, Inc. Santo focuses on cor­ PHILIP TUDOR were made partners at real estate litigation and trademark law. porate and partnership litigation, as well the Oakland office of Crosby, Heafey, JOHN L. SMITH and SONJA as on transaction, securities, and employ­ Roach & May. Rolnick focuses on employ­ WEISSMAN were made partners at the ment law matters. ment litigation, and Tudor focuses on real O akland office of Crosby, Heafey, Roach estate litigation. DYLAN L. SCHAFFER & May. Smith focuses on environmental celebrates the publication of his book Dog and land use law, as well as commercial lit­ Stories (Chronicle Books). He invites iga tion, and Weissman focuses on insur­ CLASS OF '89 friends to contact him bye-mail at ance and transportation litigation. INA LEAH K . MCGARRIGLE works for the [email protected]. CAROL L. J . STANGENES joined the San Jose Regional Oral History Office of the THOMPSON was elevated to partner at firm of Bergeson, Eliopoulos, Grady & Bancroft Library at UC Berkeley, where the San Francisco office of Heller Ehrman Gray. Stangenes specializes in business liti­ she specializes in legal oral history. White & McAuliffe. Thompson practices ga tion and appellate practice. McGarrigle and her husband, Phil, have litigation, emphasizing securities fraud, two daughters, Clare and Anna. accountants' malpractice, trademark, and C H RISTOPHER J. P A LERMO joined antitrust cases. GLEN R . V AN LiGTEN Lowe Price LeBlanc & Becker in San Jose was elected partner at the Menlo Park­ CLASS OF '92 as of counsel, where his prac tice focuses based Venture Law Group. Van Li gten J A NICE L. AMENTA joined the Contra on patents and oftware business law. focuses on corporate securities law. Costa County Counsel in Martinez. AMY Formerly, Palermo erved NeXT Software PETER J . WALLS was elevated to part- B . BLUMENBERG joined the New

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York-based Hitachi America Ltd. as Assistant Corporate Counsel at the com­ pany's western regional headquarters in Graduate in the News Brisbane. Blumenberg practices intellectu­ al property, employment, environmental, and commercial law. She formerly worked for four years as a general litigator and notes that "while it is unusual, it is not AN 'ECHOING GREEN' FELLOWSHIP FOR SABAH impossible for generallitigators to obtain in-house positions." KAREN C . CARRERA was profiled in the December DEBRA SABAH ('98) has been named a 1998 Graduate Fellow of the echoing 1,1997, issue of the Los Angeles Daily green foundation. She will use the $30,000 Fellowship award to provide effective Journal. Carrera is a Deputy City post-conviction representation to death-row inmates in Mississippi. Attorney for Code Enforcement with the echoing green (the organization is always printed in lower-case letters) is a non­ San Francisco City Attorney's Office. profit foundation that applies a venture-capital approach to philanthropy. It pro­ KANG S . LIM is Vice President of vides seed money and technical support to social entrepreneurs starting public­ Intellectual Property at Scientific service organizations and projects that catalyze positive social change. Currently, Learning Corporation in Berkeley. about 200 Fellows work domestically and internationally in human rights, the Contact him via e-mail at environment, the arts, education, criminal justice, and community development. [email protected]. PATRICIA R. "I encourage more law students to choose careers in public service," said Sabah, McKERNAN has been practicing public­ "particularly where there is an obvious undermet need. Dedicated, innovative sector employment law with an emphasis legal professionals are in an extraordinary position to create a more just society." in school law at Kay & Stevens in Palo Sabah will work with the Mississippi Post-conviction Counsel Project to estab­ Alto. McKernan and her husband cele­ lish a right to state-funded, post-conviction counsel for prisoners sentenced to brated the birth of twin boys in February death in Mississippi, to develop an infrastructure in Mississippi for delivering 1998. SHAUN M . MURPHY joined the post-conviction capital representation, and to organize a grassroots educational Oakland office of Crosby, Heafey, Roach campaign about social injustices that are inextricably bound with the death & May. Murphy focuses on products lia­ penalty. bility. JOHN C . WALSH was elected Prior to attending law school, she worked with a variety of underrepresented partner with Lane Powell Spears groups, including the poor, m inorities, and people with mental and physical dis­ Lubersky, L.L.P Walsh is a member of the abilities. Sabah plans to sit for the Mississippi Bar Examination. firm's business group, where his practice includes helping clients design and administer retirement, health, and other employee benefit plans. KELLY A . anwalte, a law firm in Munich, and in seas. CHRISTINE P . PELOSI is a trial WOODRUFF (formerly Randall) started November began as an associate with lawyer in the San Francisco District an international practice with JEFFREY Brobeck Hale and Dorr International, a Attorney's office and volunteers at LENA ('96). Woodruff & Lena has an joint-venture law firm specializing in Delancey Street Foundation, Legal office in Berkeley and an office in high-tech, corporate, and securities law in Services for Children, and the United Verona, Italy. The firm offers legal and London. MOANA M. KLUTSCHE Way. JAHAN P . RAISSI is an associate business consulting to Italian firms with spent 1996 as in-house counsel to at the San Francisco firm of Shartsis, business in the United States and vice­ Network Appliance, a start-up in Santa Priese & Ginsburg. Formerly, Raissi was versa. Contact Woodruff in Italy at Clara. Klutsche married her long-time senior counsel in the Division of [email protected]. sweetheart, Brian Ehrmantraut, on Enforcement at the Securities and Halloween in 1996 at Monterey Bay Exchange Commission. Aquarium. Classmates LISA LOCKYER, ALISON MADDEN, and CHRIS C L ASS O F '93 MATTHEW I. FRIEDRICH, an associate LEFFERTS attended the wedding. with the Modesto firm of Curtis & Arata, Klutsche is taking a year off to spend with CLASS OF '94 writes a legal column for the Patterson Brigid, who was born in 1997. JACOB H . SARAH K . ANDRUS practices with the Irrigator. Friedrich practices estate plan­ MENASHE, after a brief stint in financial institutions litigation group of ning, business law, taxation, and real Washington, D.c., moved back to Seattle Buchalter, Nemer, Fields & Younger in its estate law. JOHN Z . HOLTRICHTER , last year to join the firm of Isenhour Los Angeles office. JASON S . COHEN after the conclusion of his U.S. District Bleck, where he focuses on elder law. Court clerkship, participated in the JOAKIM E . PARKER left the San joined the San Francisco firm of Landels, Deutscher Akademischer Austausch­ Francisco office of Coudert Brothers to Ripley & Diamond, where he focuses on dienst "Young Lawyers Program," a one­ join the Office of General Counsel for the tax and corporate law. DAVI D A . year scholarship to study German law in U.S. Agency for International Develop­ E LiGAT OR joined the litigation practice Germany. Last summer, Holtrichter ment. Parker will work in Washington for group of Rosenblum Parish & Isaacs in worked at Boesebeck Droste Rechts- a year or two before being assigned over- the San Francisco office. J OSH S .

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E V E T T joined Boise, Idaho, firm of Hall, Farley, Oberrecht and Blanton, PA. Evett practices primarily in the area of civil liti­ gation, with an emphasis on general insur­ ance defense, medical malpractice, premis­ ATTENTION H rINGS es liability, and mass toxic torts. CRAIG E. HOLDEN practices intellectual prop­ erty and entertainment law at the Los Angeles firm of Mitchell, Silberberg & LATINO ALUMNI Knupp. DARIN A . LEVILOFF joined the Law Offices of BARRY M . GALLAGHER ('68) as an associate prac­ ticing business and commercial litigation. RACHEL K . NUNES joined the Santa The Hastings Latino Alumni Chapter (HLAC) wo uld like Ro a firm of Abbey, Weitzenberg, Kelly, Nadler, H offman & Emery, where she to remind all Latino alumni to update their address focuses on business law transactions and litiga tion. Formerly, Nunes was an associ­ information with the Hastings Alumni Office by calling ate at H ardin, Cook, Loper, Engel & Bergez, L.L.P, and a law clerk for the San 415/ 565-4615. HLAC is planning several events for the Francisco City Attorney. JOHN D . PARKER was elected to the Maricopa coming year, and we woultllike yo u to be part of the fun. County Bar Association Board of Directors and elected President of the We especially ne d your help in tracking dow n Latino African-American Chapter of the Arizona State University Alumni Association. alumni from classes prior to 1987! Parker practices business law with the Phoenix firm of Ry ley, Carlock & Applewhite. VICTOR J . PEREZ prac­ tices land use and real estate law at the Woodcliff Lake, New Jersey, firm of Price, Meese, Shulman & D'Arminio. KEVIN E . STERN joined the fi rm of Patton Boggs, L.L.P, in Washington, D.C., as an associate practicing commercial litigation. contact her at [email protected]. CLASS O F '96 TODD E. MACHTMES joined the DIPANWITA DEB AMAR is an associ­ Waln ut C reek firm of Miller, Starr & ate with the San Francisco firm of Regalia. Machtmes practices in the litiga­ O'Melvney & Meyer. Her husband, CLASS OF '95 tion department. JESSICA T. MARTIN Vikram Amar, was recently voted by the INGRID u. Box practices civillitiga­ completed a two-year clerkship with the Hastings faculty to become a full-time tion at the San Francisco office of the Hon. Norman H. Stahl, a U.S. Court of member of the fac ulty, after having Minneapoli s-based firm of Robins, Appeals Judge for the First Circuit. served as a Visiting Professor at Hastings Kaplan, Mi ller & Ciresi. JULIA A . Martin joined the San Francisco firm of d uring the 1997-98 academic year. EMEDE practices family law with the Howa rd, Rice, Nemerovski, Canady, Falk KRISTIN ANDERSON-SNYDER is an Law Offices of Kathryn Schlepphorst in & Rabkin, where she practices business associate with the San Jose firm of RACHEL C . HERNANDEZ San Jose. is litiga tion. CHRIS PARSONS is now the Skjerven, Morrill, MacPherson, Franklin an Assistant Attorney General in First Deputy of the Corporation Counsel & Friel, where she focuses on li tigation. Phoenix, where she prosecutes organized for the C ity and County of Honolulu. Anderson-Snyder completed her 1996-97 crime and fraud cases. Previously, she was T IMOTHY L. SMITH is an associate judicial clerkship with the Alaska a Deputy Maricopa County Attorney, with the San Francisco firm of Tow nsend Supreme Court. PATRICE M . where she primarily prosecuted violent & Townsend & C rew. Smith joined the BRYMNER has joined JEANNE M. crime. MICHAEL D. HUTTNER chemical/ biotechnology practice group. FAHEY ('95) and TAMARA P . returned to Denver, his home, where he is MARK A . TALAMANTES joined the HOLLAND ('95), who share offices in an adviser to Gov. Roy Romer and teaches San Francisco firm of Brooke O liver & Emeryville. The three solo practitioners a course on legislation at the University Associates. Talaman tes provides bilingual handle civil and criminal appeals. RUTH of Denver Coll ege of Law. MELISSA A . counseling and litiga tion in intell ectual E . BURDICK, who completed an LL.M . LUNDSTEDT, after practicing general property and employment law matters, degree (with distinction) from the corporate law with White & Case in the including contracts and wage claims. Georgetown University Law Center, is firm' Moscow office for two years, moved working as a staff attorney for the to Skadden Arps, where she is a resident General Counsel's Office of the AFL-CIO in the London office. Cia smate may in Washington, D.C. She will be clerking

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for Chief Justice Shirley Abrahamson of CLASS OF '97 the W isconsin Supreme Court for the SH E R R ILL E . DUNC AN was married 1998-99 term. Burdick wrote an article on to BRIAN G RIM ES on A ugust 9, 1997, at independent contractor status under the Malibu Presbyterian C hurch. MARK C . NLRA that was published in the fa ll 1997 HARDIE, founder of the "Ebon ynet! " web issue of the Hofstra Labor and site, which provides em ploy ment referrals Employment Law Jo urnaL SCOTT C . for black law students in California, was LACUNZA is an associate in the labor appointed to the Governor's O ffice of department at the Century C ity offi ce of Community Relations by Gov. Pete Loeb & Loeb, L.L.P ERIC C . W ilson. Hardie will se rve as a li aison JOHNSON is clerking for the Hon. Mary between the Governor and va rious com­ Ann Murphy, Superi or Court, Los mun ities around the state and will ad vise Angeles. SUNIL R . KULKARNI com­ the Governor on iss ues that concern the pleted a judicial clerkship and is now an communities. JOHN A . KELLEY, cur­ associate with the San Francisco office of rently cle rking fo r the Honorable Sam Morrison & Foerster, L.L.P HEIDI A . Pointer, U.S. District Court, Northern MACHEN is a legislative aide to District of Alabama, shares the joy of Superviso r Gavin Newson in San lea rning that his composition "When Yo u Francisco. ELAINE A . PAP LOS recent­ A re O ld" is one of three win ners of the ly married Kenneth Kramer, a soil conser­ 1997 Young American C horal vationist who works for the U.S. Competition sponsored by G. Schirmer, Department of Agriculture's Natural Inc. BETSIE L. MISSLER returned to Resources Conse rva tion Service, and she her home state of Ohio to accept a job still li ves in Saipan. JOSEPH P . PARISI with Southeastern Ohio Legal Services' is an assoc iate with the Law O ffices of Portsmouth office. MARK W . POOLE is Will ia m L. O sterhoudt, where he special­ a legal research attorney in the Legal izes in federal criminal defense. Research Department of the Superio r Court, San Francisco. EMMIE D . REED is a tax associate at the San Francisco office of Price Waterhouse, L.L.P Reed was featured in the 1997 Jet magazine. ALFRED J . SPIELMANN is an associ­ ate with the Law Offices of Louis J. Goodman in Hayward. Spiel mann prac­ tices cr iminal defense.

Charlene L. Usher ('96)

C HARL ENE L. USHER is an associate attorney in the San Francisco Law O ffices of B. Sue Ward. Usher has been named Membershi p Chair for Black Women Lawye rs of Northern California. SHAUNA A . WEED is a Deputy District Attorney for misdemeanor and felony cases in the Mendocino County District Attorney's O ffice.

"00 4 :~ " .. an, e ______

You NEVER WRITE, Addre

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Ju t like Mom, we'd like to know what you've been up to You r Professional Emphas is ______lat ly. thi co nvenient form to update us on yo ur activities, and we'll include it in our C lass otes section in Fi rm o r Com pan y ______an upcoming issue of Hastings Co mmunity. Even if you're not into show-a nd-tell, we could use the Business Phone ( data to update our alumni record . In particular, we need informatio n about yo ur professio nal emphasis. This comes Firm Addres in handy when we are as ked for referrals from other atto r­ C ity ______State __ Zip _____ ney and to a sist us is matching students with prospective alumni mentor . Or we may just want to invite yo u to News ______something of special interest to yo u. You never know.

Return this form to: Hastings Co mmunity c/ o College Relations 200 McAllister Street, Room 209 San Francisco, C A 94102 fax it to 415/ 621-1479, or E-mail to .

THANKS!

DoYou HAVE A JOB ... FOR A HASTINGS STUDENT OR GRADUATE?

Office of Career Services 200 McAll i ter Street, Room 211 an Franci co, CA 94102-4978 Telephone: 415/ 565-4619; Fax 415/ 621-1479

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Type of Em ploye r (e.g., law firm, corporation, public interest, academic) ______

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T h~ L'nlta5IC) of C.l lito Tn I

Coming in your next HASTINGS COMMUNITY

Rene Daley, Andres Mil zve tz, Rise Don lon, and Dana Landrom celebrate graduation with a baUoon bouquet. Commence plus FOUNDER'S DAY Highlights from the 1998 Anderson Lec ture by Walter E. Dellinger III, Former Acting U.S. Solicitor General and Douglas Maggs Professor of Law, Duke Universi ty School of Law 16 New Students Reception, San Diego 17 New Students Reception, Orange County JULY 18 Incoming Students BBQ, Los Angeles JULY 23 New Students Reception, Sacramento Alumnus of the Year & New Students Reception, Contra Costa JULY 30-AUGUST 1 College of Advocacy, Criminal Justice Institute AUGUST 6-8 College of Advocacy, Business Litigation Institute AUGUST 13-1 5 College of Advocacy, Personal Injury Institute SEPTEMBER 9 Latino Chapter New Students Reception SEPTEMBER 26 Reunions for Classes of 30s, 40s, '53, '58, '63, '68, '73, '78, '83, '88 OCTOBER 2 State Bar Reception, Monterey OCTOBER 3 Board of Governors Meeting, Monterey HASTINGS

Director of CoUege Relations Hastings College of the Law Tim Lemon Board of Directors

Chair John T Knox (,52)

Director of Hastings 1066 Vice Chair Foundation Hon. Will iam R. Channell ('49) Suzanne Needles Maureen E. Corcoran ('79) Director of Public Affairs/ Eugene L. Freeland ('51) Editor, Hastings Co mmunity Jan Lewenhaupt Fran Marsh Kneeland H. Lobner (,44) James E. Mahoney ('66) Hon. Blaine E. Petti tt ('41) John A. Sproul

Directors Emeriti Hon. Marvin R. Baxter ('66) Joseph W Cotchett (,64) Myron E. Etienne, Jr. ('52) Hon. Lois Haight Herrington ('65) Printing Max K. Jamison (,45) American Uthographers, Inc. Hon. Charlene Padovani Mitchell (,77) Hayward, CA

,,5 l is publi hed three times a year for alumni and f fiends of the College. Material for "Class otes" and correspon­ dence IS always welcomed and should be addressed to the editor at 200 McAllister treet, an Francisco, CA 94102 or send E-mail to .