Willamette Lawyers

The magazine of the ﬁrst law school in the Paciﬁc Northwest Spring 2005

Special Issue: World Wide Willamette Lawyers

Special Issue:

World Wide Willamette Lawyers Inside this issue 10 Spring 2005 Vol. V, No. 1 Willamette’s German Dean Exchange Program Symeon C. Symeonides

Editor Bobbie Hasselbring

Graphic Designer Wei Zhuang Knock it Off Creative Director Chris Noud

Class Links Editor Leslie Hayase

Writers Richard Breen Two Vincent Chiapetta Robin Morris Collin Robert W. Collin Decades Kathy Graham 12 Brian Grossman JD’93 Bobbie Hasselbring in China Brad Millay BA’97 Phylis Myles Daryl Scott Jonathan Stuart JD’05 Leroy Tornquist

Contributors 22 Linda Alderin Michael Yimesgen JD’04, Mike Bennett BA’70 16 Flight to Freedom Mary DeMuniz 24 Global Symeon Symeonides

Sustainability Photographer This issue is dedicated to James A.R. Nafziger Frank Miller

Published by the College of Law and the Office of Communications for constituents of Willamette Uni- versity College of Law, the first law DEPARTMENTS News ...... 5 Willamette’s German Program ...... 10 FEATURES Knock it Off ...... 12 school in the Pacific Northwest. Carlton Snow ...... 6 Democracy Coach ...... 15 Send Correspondence to: Global Sustainability ...... 16 Venerable Alums Honored ...... 7 Viva Italia! ...... 20 Willamette Lawyer Dean’s Office Nafziger Honored ...... 7 Green Global Justice ...... 21 Two Decades in China ...... 24 College of Law 245 Winter St. SE Globetrotter ...... 8 Flight to Freedom ...... 22 Salem, OR 97301 No Looking Back ...... 9 Class Action ...... 42 Finding an International Legal Job ...... 38 This publication is partially supported by Library ...... 46 contributions to the Law Annual Fund. Inside this issue 10 Spring 2005 Vol. V, No. 1 Willamette’s German Dean Exchange Program Symeon C. Symeonides

Editor Bobbie Hasselbring

Graphic Designer Wei Zhuang Knock it Off Creative Director Chris Noud

Class Links Editor Leslie Hayase

Contributors 22 Linda Alderin Michael Yimesgen JD’04, Mike Bennett BA’70 16 Flight to Freedom Mary DeMuniz 24 Global Symeon Symeonides

Sustainability Photographer This issue is dedicated to James A.R. Nafziger Frank Miller

DEAN’S MESSAGE LAW SCHOOL BRIEFS

Professor Clark Honored 2005. Dennis can be reached at 503-370-6282 or via email [email protected]. Dear Alumni and Friends, In the meantime, here in Salem, world-savvy, world-renown Professor David Clark has Siri Quigley JD’04, a recent professors teach our students about the complexities and chal- been elected as a titular, The 2004-05 academic year lenges of a shrinking world. Indeed, Willamette’s law school is or life, member of the Willamette law graduate, is is not over, but so far it has more international than many schools in large cosmopolitan International Academy of the new assistant director of been a year of highs and lows. cities. Here are some examples of the school’s international Comparative Law, one of admissions. Quigley earned First, some of the highs: visibility. Members of the current law faculty have: the world’s most prestigious a bachelor’s degree in history and psychology from • We began the year with • Taught or lectured in more than 50 countries on six international legal organiza- Pacific Lutheran University the most selective enter- continents and at the world’s most prestigious Hague tions. The Academy, based in Tacoma, Wash. Quigley ing class in the school’s Academy of International Law; in Paris, has a limited membership of 80 titular mem- believes her recent experience at Willamette College history - the highest bers worldwide. Of the 80 titular members, only 12 are • Drafted laws or provided legislative advice to seven of Law will be an asset to the admission office. number of applications, from the United States, and two are from Willamette: governments, the European Parliament and the United lowest acceptance rate, She can be reached at 503-370-6282 or via email Nations; and Clark and Law School Dean Symeon Symeonides. and strongest academic [email protected]. profile. The next class • Been elected by their peers to three of the four offices People On the Move will be even stronger (President, Vice President, and Treasurer) of the American New Gift for Clinical Law because our applications Society of Comparative Law; two of the twelve U.S. slots for Phylis Myles is the law are up by another 27 life-members of the International Academy of Comparative school’s new career ser- Program percent, although the national pool is down by 6 percent; Law; and the Presidency of the American Branch of the vices director. Myles, who Mrs. Maribeth Collins International Law Association. • Then came the best Bar Exam results in 25 years – 85 holds a bachelor’s degree H’93, long time Willamette percent of our graduates passed the Oregon exam on the Who would have suspected this of a little law school like in journalism from the friend, benefactor and first try, surpassing all others by 11 percentile points; and Willamette, in a small town like Salem? Twenty-five years University of Illinois and a trustee, has honored the ago, nobody would. That is when a new professor named law degree from Lewis and College of Law with a gift • Once again, we have been blessed with the generosity came to Willamette; and things began James A.R. Nafziger Clark, brings to the career of $500,000 to endow the of our friends, exemplified this time by a $500,000 gift to change. Jim gradually built our international programs, center a varied background in the corporate world Clinical Law Program. This from Maribeth Collins, a great benefactor of Willamette while earning an impeccable international reputation, exem- and in private practice. She is one of the founding gift, which will provide University. (See p.5). plified by his 200-plus publications. Today, he is clearly one of members of the Oregon Women Lawyers. She will valuable endowed support for the operation of the Law Then, shortly before Thanksgiving, came the bad news. the top names in his field, nationally and internationally. offer alumni and students help in developing lifelong School’s Legal Clinic, will be doubled by a matching Professor Carlton J. Snow, a beloved great teacher who, for If I could have my way, Jim’s picture would be on the cover career skills such as interviewing and networking. fund from a generous anonymous donor. Mrs. Collins, the last 33 years, has taught so many of you so much and so and he would be the feature story in this issue of the Lawyer. Myles can be reached at 503-370-6057 or via email the widow of the late Truman Wesley Collins AB’22, well, died unexpectedly. (See p.6.) This was a devastating loss In his characteristic modesty, Jim vetoed the idea; and Jim [email protected]. for whom the Law School’s building is named, was from which it will be extremely difficult to recover. is persistent. That same persistence and hard work built our attracted by the fact that her gift will not only improve international programs. By featuring these programs and Carolyn Dennis, formerly But, like individuals, institutions must move on, and, togeth- the practical education of Willamette’s law students, er, so must we. their graduates, this issue honors Jim and his work. It is my associate director of admis- but will also strengthen the Clinic’s legal services for pleasure to dedicate this issue to him and this time he has no sions at the law school, This issue of the Lawyer honors all of Willamette’s World under-represented populations of Salem. chance for a veto. replaced long-time director Wide lawyers by featuring a few of them. Yes, they are every- Larry Seno. Dennis, who Last year, an anonymous donor gave $1 million to the where: from China to Japan, Singapore, and New Zealand, With my best regards, holds a bachelor’s degree from Italy to Germany and Scotland, from Zimbabwe to the Law School for initial endowment of the Clinical Law in sociology from the Seychelles, and from Ecuador, to Mexico, Guatemala, and Program. This donor further pledged an additional $1 Canada. They put to good use the knowledge and skills they University of California, million to match any other endowment gifts for the earned here in Salem, Oregon. Davis, has a background in corporate, nonprofit and program made or pledged by Dec. 31, 2005. For more Symeon C. Symeonides law school admission settings. She plans to bring in information about gift opportunities, contact the Law Dean and Professor of Law a highly qualified and diverse first year class for fall School Development Office at 503-370-6761.

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Carlton Snow: Master Teacher, Mentor, Friend Venerable Law Alums Honored

he passing of long time Willamette University saying, “It’s Two Willamette entered Willamette University College of Law. Due College of Law Professor Carlton J. Snow in a done deal. University to World War II, they graduated in different years: T November has left the Willamette commu- Professor Snow College of Law Skopil in 1946; Williams in 1948. During the war, nity grieving a great loss. “Carlton Snow was a great is going to alumni, The Williams distinguished himself as a fighter pilot, win- teacher, mentor, colleague and friend,” said Law Dean skydive with Honorable Otto ning the Navy Cross and four Distinguished Flying Symeon Symeonides. “Willamette will never be the us.” Little did R. Skopil, Jr. Medals. same without Carlton. We miss him greatly.” I know that BA’41, LLB’46, During their years as legal partners, Skopil and Professor Snow LLD’83 and Bruce The most senior law professor at Willamette, Professor Williams tried cases in every state court and federal had skydived on (From left to right) Hon. Otto Williams, BA’40, Snow taught at the school for 33 years. Many alumni court in Oregon. They jointly tried a number of many occasions Skopil, Symeon Symeonides and LLB’48, were remember Snow from the courses he taught – con- Bruce Williams substantial criminal cases. They worked tirelessly for and found it honored at the tract law, labor arbitration, commercial arbitration the Oregon State Bar, with Skopil serving a term on exhilarating. law school before a crowd of nearly 300 attorneys, fac- and negotiation. Alumni may also fondly recall the Board of Governors. Both served the American ulty and first-year students. Skopil and Williams, who that Professor Snow memorized every one of his In his long Judicature Society. Williams also served the are lifelong friends and colleagues, received plaques students’ names and remembered them many years tenure at the Federation of Insurance Counsel, including a term from Oregon Supreme Court Chief Justice Wallace P. later. In 2002, he was voted Professor of the Year by University, as president and chairman of the board. Both men Carson “for extraordinary service to family, the coun- the Willamette University College of Law student Snow served as served the Defense Research Institute, with Bruce try, the community and to the legal profession.” This body. In 1992, he received the Burlington Northern dean, associate serving on its board and executive board. isn’t the first time Willamette University has honored Award for Teaching Excellence. In 1983, he received dean and assistant dean of the law school and execu- Judge Skopil. In 1983, the University awarded him an a Certificate of Merit from the Association of Third tive director of the Center for Dispute Resolution. honorary doctor of laws degree (LLD) and in 1988, he World Students. Prior to teaching at Willamette, he taught at Loyola was honored as a Distinguished Alumnus. Nafziger Honored University School of Law. He’s also remembered by students and former students This most recent honor took place on the first day of The International Association for his Socratic teaching style, always asking just the Snow was a renowned arbitrator and lecturer. More classes “precisely because we wanted to present incom- of Sports Law (IASL) recently right questions. “Other professors use the Socratic like a judge than an advocate, he brought a careful, ing law students with two exemplary models of what honored Professor James Method, but Snow was the master of it,” said Professor highly principled approach to the rough-and-tumble they should aspire to become,” said Law Dean Symeon Nafziger with its first-ever James Nafziger. area of arbitration. It put him in high demand by Symeonides. “Indeed, I can think of no better role AISIMNITIS Award for contri- union leaders and management to settle disputes. Alumni also recall Snow’s sense of fun. Although models than these two men of high accomplishment butions to the development of He had recently completed arbitration between the his persona was one of reserved humility and dedica- and humanity.” international sports law at the association’s annual Portland Police Bureau and police officers to deter- tion, he often used outlandish methods to reach his meeting held in Athens, Greece. mine wages and working conditions. In his lifetime, he Judge Skopil, a senior judge with the Ninth Circuit students. He’d often portray me and others as colorful issued more than 3,000 decisions. Court of Appeals, and Bruce Williams, one of Oregon’s “Professor Nafziger is a giant in international sports characters in hypothetical factual situations to great trial lawyers, were law partners for 21 years, law,” said Law Dean Symeon Symeonides. “So we are illustrate specific points of law. He and I shared many To honor Professor Snow, the College of Law has from 1951 until 1972, when Skopil was appointed to pleased, but not surprised, that he would receive such a laugh over these outrageous hypotheticals. established the Carlton J. Snow Memorial Scholarship the Federal District Court of Oregon. The men had an international honor.” Fund, which will be used to fund scholarships for One time, students decided it would be a good idea to uncanny parallels in their personal and professional needy Willamette law students. If you’d like to con- The IASL, which is comprised of individuals in sports get Professor Snow and me to skydive with them. Not lives. Both were born in Salem in 1919 and attended tribute, the address is: The Carlton Snow Memorial federations and the Olympics, sports law attorneys, really wanting to do it, I told the students I’d do it if Englewood Elementary School, Parrish Junior High Fund, Dean’s Office, Willamette University College of law faculty and scholars interested in international Professor Snow agreed. I thought this would put an and Salem High School, where they were both stand- Law, 245 Winter Street, Salem OR 97301. and comparative sports law, also announced that end to it. The next week, the students came in out athletes. Both men chose to attend Willamette Nafziger has been elected as its new president for a – Professor Leroy Tornquist University at the same time. In the fall of 1940, they three-year term.

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Carlton Snow: Master Teacher, Mentor, Friend Venerable Law Alums Honored

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Globetrotter No Looking Back

elly Atherton, a third year student at the After nearly being impeached, Ecuador’s president, Lucio Gutierrez, consolidated power by sacking his law school and editor-in-chief of the opponents in the courts and replacing them with loyal supporters. K Willamette Journal of International Law and Dispute Resolution, hopes to turn her keen interest cuadorian exchange student, Robert Lovato Lovato, who is a law graduate and teacher at Ecuador’s in international law and international travel into an LL.M.’06, reads the news item with dismay. prestigious La Pontificia Universidad Católica del exciting career. E He has difficulty coping with the direction his Ecuador, came to Willamette after learning the law home country is taking. “It makes me sad to see my school had an LL.M. program in Transnational Law Atherton comes by her interest in international law country going through this right now.” and having two friends recommend the program. In from years of study and travel. She attended the practical terms, Lovato’s newfound understanding of The current political situation in Ecuador weighs University of Puget Sound in Tacoma, Wash., and she America’s legal system will certainly make him more heavily on the LL.M. student because he has a per- spent her junior year studying in Milan, Italy. While marketable internationally. This constitutional law sonal stake in the country’s constitutional develop- in Italy, she experienced life in Europe and learned to aficionado has also relished the opportunity to comment. For three years, he was the youngest secretary speak Italian. She also spent a year in Florence, Italy, pare U.S. common law to Ecuador’s civil law system. for the Constitutional Court, Ecuador’s highest court. working for an internet company and living with an “That’s been a very rich lesson for me. It has really Lovato’s position held the prestige of a U.S. Supreme Italian family. The experience allowed her to further helped me understand where the American system Court clerk with the responsibilities of a U.S. Supreme perfect her Italian language skills. is incompatible with the rest of the world and where Court justice. Ostensibly, he was there to record the On her return, Atherton decided to go to law school. opportunities exist for common ground.” decisions of the magistrates [judges]. In reality, Lovato Although she is from the Midwest, she knew she researched and compiled legal opinions for the court While many people might enthusiastically serve again wanted to come back to the Northwest to attend law Although Kelly would enjoy beginning her career in that often passed, nearly unedited, into law. “Not on Ecuador’s Constitutional Court, Lavato is driven school. “I chose Willamette because I liked the idea of Europe, she knows landing an international job, espe- many people get an opportunity like that at the age of by something deeper than the present political crisis. studying at a smaller school,” she said. “I’d also heard a cially for a new lawyer, can be a challenge. She plans 25,” he notes, smiling shyly. “I’m a guy who likes to move on. Going back would lot of good things about Willamette.” to gain experience first with U.S. law firms, perhaps in feel like reliving my history. Besides, at my age, I want Since Ecuador’s legal decisions are based on statutes Atherton has enjoyed her time at Willamette, par- Seattle or a large city on the East Coast. to acquire fresh skills and knowledge and do some- derived from the country’s constitution, Lovato’s work ticularly working on both Willamette law journals. As thing more.” Over the 2004 winter break, she continued exploring has impacted every aspect of Ecuadorian life. “The editor-in-chief of the international journal, she has internationally with a two-week stint in New cases we dealt with involved just about every legal – Brad Millay ’97 published two issues and is working hard to ensure Zealand with a friend she met while she studied in issue you can imagine – civil, criminal, human rights, the publication stays on schedule. She has written an Italy. “I loved seeing a new part of the world I hadn’t you name it. It was also great because I got to know a article, “Compensating Victims Under the Terrorism experienced.” wide variety of people, everyone from the president to Exception of the Foreign Sovereign Immunities Act: the country’s poorest people.” a State Sponsored Victims Compensation Fund,” pub- Atherton is hard at work writing an article for the lished in the Journal, Volume 12:1. Willamette Law Review’s upcoming Ninth Circuit While the work was fulfilling, Lovato says clerking for special issue and is editing three international law the Constitutional Court wasn’t getting him any closer During her time at Willamette, Atherton attended articles in preparation for the next issue of the Journal. to fulfilling his dream of working in an international Hamline Law School’s summer school program in or diplomatic capacity. That goal was solidified for him Rome, Italy, where she studied comparative labor and – Kathy Graham in high school after he participated in a Model United employment law. All of this international exposure Kathy T. Graham is a law Nations event in The Hague. “Even today, I can still has convinced Kelly that she’d like to work in Europe professor and associate dean feel the nerves from that night. I had to stand up and some day. “I love Italy, but I’d like to work in London for academic affairs. speak in English to 120 students from all over the or Brussels.” world. That’s when I first knew what I wanted to do with my life.”

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Globetrotter No Looking Back

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Krauss: During my time at Willamette and at the internships. He taught a class that let us compare Marion County Circuit Court, I’ve gotten quite a topics under German and American systems that was good understanding of the American legal system. I’ve very helpful. Professor Michael Wise has also been Willamette’s German also improved my English language skills and gotten very friendly, has taken us out to lunch and to a high Exchange Program impressions of America, its culture and its people. school football game. Heuer: It’s a great opportunity to learn more about Krauss: Professor Clark was very helpful in coordi- American law. Learning the differences between the nating the exchange and his American law and legal legal systems has helped me to understand some of the writing class gave me a good idea of the American In 2002, Willamette University College of Law and Bucerius Law School in Hamburg, political and cultural differences too. legal system. Professor William Long’s supervision on my paper about Hans Kelsen has been helpful and his Germany, began a semester exchange program. Each year, Willamette sends between What’s been the most challenging aspect of your jurisprudence class is inspiring. Professor Robin Morris three and five students to Hamburg and Bucerius sends two to three students to Salem. exchange experience? In addition to courses at the German law school, Willamette exchange students may Collins’ class was a good experience too. Frick: In the German civil law tradition we learn gen- take a semester of German language instruction. There is also a five-day excursion to Heuer: Professor Clark has been helpful throughout eral, abstract norms and then make arguments about Berlin and its environs to visit legal and cultural institutions. the term and I appreciate the effort he puts into the whether a norm can be applied to a specific situation. Jan Krauss international program. Professor Vincent Chiappetta is Here, we read the case, try to get a rule and then also a fantastic teacher with a great approach to intel- discuss whether the rule fits the case. It’s been hard his program is especially good for Why did you come to Willamette University lectual property. Since taking his course, I want to take getting used to moving from the specific to the general students interested in careers involv- College of Law? an intellectual property class in Germany. ing foreign and international law or and then back to the specific. “T Frick: I came to Willamette because of the opportu- those interested in transnational practice as part of a Would you recommend Willamette’s Study in nity to intern at different judicial courts and because Krauss: It’s been challenging getting to know how to general law practice,” says David S. Clark, director of Germany program? of the scholarship Willamette offered. Last year’s handle case law. It’s strange to read a whole case just to Willamette’s German Semester Abroad Program. “The exchange students highly recommended Willamette. get one legal rule. Also, I come from Hamburg where Frick: Yes! I’ve told students in Hamburg that the uni- students learn that each legal system is different and, they have a brilliant transportation system so living in versity and its campus are really nice and I’m having in some ways, the German system may be better than Krauss: The students who came to our school on Salem without a car has been difficult. a good time. With so many people living on campus, the American one. At Bucerius, all courses are taught exchange last year recommended Willamette as an there’s always something going on. Salem is a good Heuer: It’s been a challenge getting used to American Stefan Frick with an eye toward the comparative and international excellent small school with a personal atmosphere. place to meet new people and enjoy new experiences. dimensions. Willamette students are also taught practi- Our German exchange students who went to Willamette case law. It’s often necessary to read many cases to find cal courses by lawyers from some of Europe’s leading confirmed this. The offer of an internship with the an applicable rule of law. Krauss: I already have recommended the program. Willamette is small and has great spirit, a very personal law firms. They get to mingle with students from sev- Marion County Circuit Court facilitated by presiding Which Willamette University College of Law atmosphere and nice students, staff and faculty. It also eral other United States law schools and from as many Judge Paul Lipscomb and Administrative Analyst Sue professors have been most helpful for you? as 10 other countries.” Lamb was also a reason to come. Willamette also offers has a beautiful campus. Additionally, the internship the opportunity to be near the ocean. Frick: Professor Clark, who is in charge of our that goes along with the exchange program is a great Here’s what this year’s students from Germany had to exchange program, always has time for us. He orga- experience. say about their experience at Willamette University Heuer: Marc Neinhaus, a Bucerius law student, nized everything, including our housing and our College of Law: came to Willamette and recommended it to me. Heuer: I would definitely recommend this program Also the opportunity to intern at the Marion County to other students. Willamette’s campus is a big plus. Stefan Frick JD’05, Hometown: Remmingsheim, Circuit Court, the Oregon Court of Appeals and the It’s easy to get to know people and make new friends Germany. Area of interest: corporate criminal law. Oregon Supreme Court was of interest to me. here. Additionally, the professors and staff are helpful Chris Heuer Jan Krauss JD’05, Hometown: Pfullingen, Germany. and if you have any problems, there is always someone What are you learning? Area of Interest: business law. to talk to. I also highly recommend the court intern- Frick: First, I’m learning from the cultural experience ship, which has given me a better understanding of the Christoph J. Heuer, JD’05, Hometown: Porta and the exchange with people from different countries. American court system. Westfalica, Germany. Area of interest: administrative I find it interesting to compare how different legal sys- and media law. tems deal with the same issues. Bucerius Law School Hamburg, Germany 10 Spring 2005 Spring 2005

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member of the WTO, has substantially updated its intellec- ideas and information rather than individual control and FF O tual property laws and made important changes in its relat- benefit. Consequently, the change to the TRIPs IP system

ed oversight and enforcement institutions. Nonetheless, will remain largely cosmetic without significant adjust- K IT C China was recently identified as the leading producer and ments in the underlying belief systems.

exporter of counterfeit goods into the United States. KNO The third gap lies at the heart of the matter – real cul- The Chinese situation reveals three fundamental gaps tural adjustment requires the desire for change. Arguments between theory and reality. The first is mechanical. The for adopting the TRIPs intellectual property system simply industrialized world took several centuries to refine the do not offer the necessary motivating rationale for devel- IP system now embodied in TRIPs. Countries new to that oping countries. Intellectual property theory suggests that regime will require time to develop the understanding and the social costs of individual control (higher prices and expertise necessary to internalize and operate the pro- deadweight loss), as well as the related significant trans- cesses and institutions essential to effective IP protection. fers of wealth, are justified by the increases in aggregate Therefore, part of the answer is patience – allowing the wealth generated by the incentive these private returns necessary breathing room for theory to become practice in give to inventive activity. In other words, the fact that International Intellectual “Pirates” these new settings. goods may temporarily cost more and some specific people Walk into a marketplace in many parts of the world and you’ll see stacks of fake Rolex watches, pirated will become very rich under the TRIPs IP system is the music CDs and movie DVDs, knock off Barbies, “designer” clothing and hundreds of other items that look The second gap is more problematic. For many countries, price of stimulating creative endeavor necessary to overall like the real thing, but aren’t. Intellectual property (IP) piracy has reached crisis levels in the recording, the transition to true IP protection involves significant economic growth. movie, software, fashion and many other industries. In the U.S., intellectual property infringement receives substantial attention. More significant are the myriad developing countries pursuing economic growth as low-cost “copycat” suppliers at home and abroad.

The legal reason for the relatively unfettered growth in international piracy is straight-forward. Intellectual property law has historically granted primarily only domestic rights. So, although United States law provides substantial protection against local IP counterfeiting, it offers little recourse against activities occurring outside our borders. Effectively attacking international infringers relies on local IP laws, which in many developing countries, simply don’t offer much protection.

by Vincent Chiappetta and Jonathan Stuart JD’05 situation was addressed through the 1994 Trade philosophical and cultural shifts. Related Intellectual Property Rights (TRIPs) Treaty, For example, intellectual property THIS a part of the World Trade Organization (WTO). TRIPs laws emphasize individual owner- requires its 140-plus adherents, including many developing countries, to pro- ship and returns. This is antitheti- vide specific levels of IP protection. Many have embraced the requirements cal to two foundational concepts and enacted new domestic IP laws with alacrity. Why, then, have these of Chinese culture: the Confucian efforts to quell international IP piracy proven such a disappointment in philosophy of interpersonal rela- practice? Why is the global market still being flooded with copycat goods? tions and the nation’s central- ized, communist economy. Both The white-hot Chinese economy provides an excellent these viewpoints rest on collective ownership and joint example of what’s wrong with global IP protection. China, a enterprise that support open sharing and dissemination of

by Vincent Chiappetta and Jonathan Stuart JD’05 Spring 2005

The difficulty for China and for most developing economies economic growth, China will need to shift to more complex FACULTY PERSPECTIVES is in how those costs and benefits are distributed. China’s products and services, requiring a move from appropria- current economic prosperity is primarily driven by low-cost, tion to home-grown innovation and cooperative in-bound highly-efficient manufacturing and distribution of intel- transfer of more sophisticated foreign technologies. The Bulgaria’s Democracy Coach lectual products developed by others, not by internal inno- result will be a self-interested desire for better IP protec- vation. Rigorous domestic IP protection would, therefore, tion. That, in turn, will provide the impetus for cultural and Former Communist countries like Bulgaria often struggle with the merely leave the Chinese bearing higher domestic prices ideological change. It will also drive development of the practicalities of democracy. That’s where Willamette University while chilling their global competitive edge with an “IP- mechanical expertise necessary for effective IP protection. royalty” tax on domestic manufacturing. College of Law Professor M.H. “Sam” Jacobson comes in. She’s This is close to what actually happened in the United developed a reputation as an Eastern European democracy coach. The international piracy issue, therefore, will not be States. It’s not mere coincidence that the development of resolved until the underlying economic cost-benefit dynam- robust U.S. IP laws and enforcement coincided with the acobson became countries like Bulgaria think there’s one definite FF

O ics change. Of course, trade sanctions could increase the country’s shift from net IP consumer to net producer. intrigued by the answer. The statute says one thing and it’s very clear. cost of non-protection. However, that’s not an attrac- emerging democracy However, facts in a case can make things ambiguous. K IT J The truth is this: players in the global economy respond C tive option because we need many of these countries as of Bulgaria when Professor It’s fun to help students explore the ambiguities and political allies and the U.S. and other developed nations with greater enthusiasm, in both theory and practice, to Maria Slavova from the learn to see how you might interpret something dif- KNO University of Sofia came ferently under different circumstances.” to Willamette more than In addition to influencing the country’s future law- 10 years ago and asked yers, Jacobson is helping Bulgaria’s elected officials Jacobson to visit her in Bulgaria. The following year, reform the government. In 2003, she spoke before while returning from teaching in Shanghai for the law the Bulgarian Parliament on the use of administra- school’s China program, Jacobson detoured to Bulgaria. tive process to fight corruption. She’s become a That detour led to an on-going cultural exchange featured speaker at the Ministry of Justice and at and legal education for many Bulgarian law students. the Commission on Fighting Corruption. She and Jacobson travels to Bulgaria every couple of years to Professor Slavova are co-authoring a book, The Seven lecture at several universities, conferences and even at Principles of Fighting Corruption in Bulgaria. the Bulgarian Parliament. “The 1989 Bulgaria revolution brought democracy, but they have no real concept of what that means. That’s where American teachers “Students from civil law countries like Bulgaria think come in. We can challenge their way of thinking.” there’s one definite answer. The statute says one thing and it’s very clear. However, facts in a case can make are keenly interested in opening, not isolating, emerging self-interest than to others’ self-serving claims of right. Jacobson, who teaches legal research and writing and things ambiguous.” markets. Consequently, even the United States has all but The industrialized world’s solution to reducing internation- administrative law, provides practical examples of how given up on any action against IP-violating countries other al trade in pirated goods, therefore, is simple. If we want democracy works. “I translate the theory of democracy – M.H. “Sam” Jacobson than ineffectual chastisements. them to play the IP game, we need to make IP protection into the practice of democracy. One year, I was talking in the developing countries’ best interests. about how important it is in a democracy to have the “It’s unusual to see a country where people are so If increasing the cost of non-protection isn’t an option, government be public to ensure a system of checks and intolerant of corruption,” she says. “Even though perhaps increasing the local benefits of protection is. balances. A student said the Bulgarian constitution corruption is still high in Bulgaria, it’s not accept- Adjustments to WTO/TRIPs could provide positive trade guarantees a public government. I gave example after able. We have this window of opportunity where incentives to cooperating countries to offset the costs of example of how their government isn’t public – how Bulgarians don’t want corruption as part of their undertaking IP rights enforcement which benefit others. Vincent Chiappetta is a they can’t obtain certain documents, make comments governing system and we can help do something Willamette professor of law or weigh in on decision-making.” about it. That’s really exciting.” More likely, however, the solution will come from the and CALI copyright fellow. passage of time. As China becomes increasingly prosper- The differences between Bulgaria’s civil legal system – Bobbie Hasselbring ous, their domestic industry will face increasing competi- Jonathan Stuart JD’05 is a and America’s common law system also provide third year law student at Professor Jacobson was recently awarded a Fulbright to tion from others with lower-cost production. To maintain teaching opportunities. “Students from civil law Willamette. teach administrative law in Bulgaria.

14 15 Spring 2005

14 15 The best predictor of toxic waste in a neighborhood isn’t geology, hydrology or property values, it’s race. The darker the skin or the poorer the people, the more toxic their neighborhood is likely to be. The same pattern holds between nations. Look across the Mexican border – or the border of almost any poor country – and you’ll see it: illegal dumping of toxic waste, exploitation of environmental and human resources, violation of environmental laws. Poorer, less developed nations are far more likely to be the recipients of a new trade in global toxic and hazardous waste. It’s environmental racism, the disproportionate exploitation and violation of the environment occurring in places where people have neither the money nor the political clout to fight back.

by Robin Morris Collin and Robert W. Collin The best predictor of toxic waste in a neighborhood isn’t geology, hydrology or property values, it’s race. The darker the skin or the poorer the people, the more toxic their neighborhood is likely to be. The same pattern holds between nations. Look across the Mexican border – or the border of almost any poor country – and you’ll see it: illegal dumping of toxic waste, exploitation of environmental and human resources, violation of environmental laws. Poorer, less developed nations are far more likely to be the recipients of a new trade in global toxic and hazardous waste. It’s environmental racism, the disproportionate exploitation and violation of the environment occurring in places where people have neither the money nor the political clout to fight back.

by Robin Morris Collin and Robert W. Collin ext time you’re online, look at www.scorecard.org and type in your zip code. You’ll The best environmental and economic decisions are made If you think this new environmental paradigm of justice and learn what’s polluting your neighborhood’s air, water and land. Do the same for a zip when all those who have to live with the consequences sustainability is just the wishful rantings of two environmental code where the majority are people of color or poor people, guess what else you’ll are included in creating those decisions. Absurd and even scholars, think again. Our communities, especially our young N dangerous decisions are made when we fail to include people, are eager to embrace it. And Willamette University learn? Their neighborhoods get more pollution and toxicity than white, wealthy neighborhoods. those who live with them. Think about the napalming of the is stepping into the void to prepare them for leadership This pattern was empirically proven in a landmark study by the United Church of Christ 18 years New Carissa, the ship that wrecked off the Oregon coast in this new future. Recently, the University established the ago. But, the planet earth is small and what we do to poor people and to Third World nations is in 1999, as a solution to removing the leaky oil tanker. The Sustainability Council to help the Willamette community bet- impacting the environment for all of us. community was kept out of that decision. Had they been ter reflect the values of sustainability. As Willamette University included, it’s unlikely such a choice would have been made. President Lee Pelton wrote in a recent memo, “There is much support on our campus for sustainability … sustainability is at The environmental challenges we are experiencing are The World Commission on Environment and Development’s Inclusion means a voice for all, not just for the politi- the center of what we do as an institution seeking to live by global in scope. We’re becoming more aware of them Brundtland Commission defines sustainable development as cally powerful – they already have the voices of plenty its profound motto, ‘Not unto ourselves alone are we born.’ partly because of websites like scorecard.org and other “development that meets the needs of the present without of lobbyists. Carol Browner, former administrator of the Whether we are encouraging our students to use their talents technologies. Regardless of our politics or our personal feel- compromising the ability of future generations to meet their Environmental Protection Agency, pioneered administrative to improve the well-being of the communities in which they ings about poverty and race, the earth’s natural systems are own needs.” We acknowledge that development is essential initiatives built around the practice of inclusion. She was the interconnected without regard to national borders, race or to satisfy human needs and improve the quality of human wealth. Ask your local watershed life. At the same time, development must be keepers whether dioxin – the based on the efficient and environmen- same chemical responsible for tally responsible use – the sustain- “The Next Generation of Environmental Decision Making: Beyond Land, Air and Water,” the lesions on Ukrainian politi- able use – of all of society’s Robin Morris Collin and Robert W. Collin, The Oregon Lawyer (1999). cian Viktor Yushchenko’s face scarce natural, human and – leached from beneath a economic resources. “The Role of Communities in Environmental Decisions: Speaking for Themselves,” prison will stay out of the Robin Morris Collin and Robert W. Collin, Journal of Environmental Law and Litigation (Fall 1998). city’s ground water. It Globally, the concept won’t. No more than of sustainability “Where Did All the Blue Skies Go: Sustainability and Equity: The New Paradigm,” toxic clouds gener- raises questions Robin Morris Collin and Robert W. Collin, 9 Journal of Environmental Law and Litigation 399-460 (1994). ated in Beijing of fairness from coal between “Equity as the Basis of Implementing Sustainability: An Exploratory Essay,” fired energy developed Robert W. Collin and Robin Morris Collin, 96 West Virginia Law Review 1173-1190 (1994). plants will stay and developing out of the jet stream nations. How can that brings them to our the developed world first federal administrator to mandate including poor commu- live, or whether we are working to secure the financial sound- Western coast. No more continue to consume far nities and communities of color in environmental regulations. ness of this institution itself, we understand that the choices we than the wind kept Chernobyl’s more of its share of natural make now affect the lives of present and future generations. radioactive plume out of the milk resources and create far more The second strategy, employing the precautionary principle, This is the heart of a liberal education.” of Western Europe’s cows. waste than poor nations? Why should simply means that we make our decisions in ways that favor only poorer, developing nations forego and protect human beings and living systems. When an It’s also the heart of sustainability and of ending environmen- As the poet James Donne wrote, “No man is an island.” the opportunities for a better quality of life to prevent further activity raises threats of harm to human health or to the envi- tal racism. We can provide the leadership for an innovative We’d add that no human’s acts today are insignificant. environmental degradation? Who should sacrifice the needs ronment, precautionary measures should be taken even if future that is both just and sustainable if we open our eyes We are so deeply intertwined with each other by multiple some cause and effect relationships are not fully established and minds to the possibilities. of the present to enable future generations to meet their systems that “sacrifice zones” – areas we deem acceptable scientifically. That means we don’t wait until scientists have needs? to pollute – are no longer sustainable. What one individual undeniable proof that something is toxic to life before we Robin Morris Collin is a Willamette does – whether it’s negligently or consciously – can create Globally and locally we all must move toward sustainable do something about it. In this context, the proponent of an law professor. Robert W. Collin is a an environmental disaster for many. One country’s choice of policies and sustainable development and two practices can activity – the mining company leaching the toxins into the senior research scholar at Willamette’s development may lead to environmental disaster for other help us get there. First, we need to include in the decision water, the corporation fouling the air with its toxic smoke- Public Policy Research Center and an countries. We can no longer behave independently if we adjunct professor of law at Willamette making process those who must live with the consequences stack, the utility company killing fish with its dam – bears want to protect the natural systems we all depend upon like University College of Law. Together of environmental decisions. Second, we need to employ the the burden of proof, not the public. The precautionary prin- clean air or fresh, clean surface, ground and rain water. they helped to found the Conference precautionary principle. ciple would ensure that those who want to introduce new Against Environmental Racism (CAER), the Oregon Governor’s We all must move toward behaving in sustainable ways. development, new chemicals or new processes must first Environmental Justice Advisory Board and a network of region- prove that they are safe. The vulnerable wouldn’t have to al activists in the area of environmental justice in the Pacific prove harm first. Northwest.

18 19 ext time you’re online, look at www.scorecard.org and type in your zip code. You’ll The best environmental and economic decisions are made If you think this new environmental paradigm of justice and learn what’s polluting your neighborhood’s air, water and land. Do the same for a zip when all those who have to live with the consequences sustainability is just the wishful rantings of two environmental code where the majority are people of color or poor people, guess what else you’ll are included in creating those decisions. Absurd and even scholars, think again. Our communities, especially our young N dangerous decisions are made when we fail to include people, are eager to embrace it. And Willamette University learn? Their neighborhoods get more pollution and toxicity than white, wealthy neighborhoods. those who live with them. Think about the napalming of the is stepping into the void to prepare them for leadership This pattern was empirically proven in a landmark study by the United Church of Christ 18 years New Carissa, the ship that wrecked off the Oregon coast in this new future. Recently, the University established the ago. But, the planet earth is small and what we do to poor people and to Third World nations is in 1999, as a solution to removing the leaky oil tanker. The Sustainability Council to help the Willamette community bet- impacting the environment for all of us. community was kept out of that decision. Had they been ter reflect the values of sustainability. As Willamette University included, it’s unlikely such a choice would have been made. President Lee Pelton wrote in a recent memo, “There is much support on our campus for sustainability … sustainability is at The environmental challenges we are experiencing are The World Commission on Environment and Development’s Inclusion means a voice for all, not just for the politi- the center of what we do as an institution seeking to live by global in scope. We’re becoming more aware of them Brundtland Commission defines sustainable development as cally powerful – they already have the voices of plenty its profound motto, ‘Not unto ourselves alone are we born.’ partly because of websites like scorecard.org and other “development that meets the needs of the present without of lobbyists. Carol Browner, former administrator of the Whether we are encouraging our students to use their talents technologies. Regardless of our politics or our personal feel- compromising the ability of future generations to meet their Environmental Protection Agency, pioneered administrative to improve the well-being of the communities in which they ings about poverty and race, the earth’s natural systems are own needs.” We acknowledge that development is essential initiatives built around the practice of inclusion. She was the interconnected without regard to national borders, race or to satisfy human needs and improve the quality of human wealth. Ask your local watershed life. At the same time, development must be keepers whether dioxin – the based on the efficient and environmen- same chemical responsible for tally responsible use – the sustain- “The Next Generation of Environmental Decision Making: Beyond Land, Air and Water,” the lesions on Ukrainian politi- able use – of all of society’s Robin Morris Collin and Robert W. Collin, The Oregon Lawyer (1999). cian Viktor Yushchenko’s face scarce natural, human and – leached from beneath a economic resources. “The Role of Communities in Environmental Decisions: Speaking for Themselves,” prison will stay out of the Robin Morris Collin and Robert W. Collin, Journal of Environmental Law and Litigation (Fall 1998). city’s ground water. It Globally, the concept won’t. No more than of sustainability “Where Did All the Blue Skies Go: Sustainability and Equity: The New Paradigm,” toxic clouds gener- raises questions Robin Morris Collin and Robert W. Collin, 9 Journal of Environmental Law and Litigation 399-460 (1994). ated in Beijing of fairness from coal between “Equity as the Basis of Implementing Sustainability: An Exploratory Essay,” fired energy developed Robert W. Collin and Robin Morris Collin, 96 West Virginia Law Review 1173-1190 (1994). plants will stay and developing out of the jet stream nations. How can that brings them to our the developed world first federal administrator to mandate including poor commu- live, or whether we are working to secure the financial sound- Western coast. No more continue to consume far nities and communities of color in environmental regulations. ness of this institution itself, we understand that the choices we than the wind kept Chernobyl’s more of its share of natural make now affect the lives of present and future generations. radioactive plume out of the milk resources and create far more The second strategy, employing the precautionary principle, This is the heart of a liberal education.” of Western Europe’s cows. waste than poor nations? Why should simply means that we make our decisions in ways that favor only poorer, developing nations forego and protect human beings and living systems. When an It’s also the heart of sustainability and of ending environmen- As the poet James Donne wrote, “No man is an island.” the opportunities for a better quality of life to prevent further activity raises threats of harm to human health or to the envi- tal racism. We can provide the leadership for an innovative We’d add that no human’s acts today are insignificant. environmental degradation? Who should sacrifice the needs ronment, precautionary measures should be taken even if future that is both just and sustainable if we open our eyes We are so deeply intertwined with each other by multiple some cause and effect relationships are not fully established and minds to the possibilities. of the present to enable future generations to meet their systems that “sacrifice zones” – areas we deem acceptable scientifically. That means we don’t wait until scientists have needs? to pollute – are no longer sustainable. What one individual undeniable proof that something is toxic to life before we Robin Morris Collin is a Willamette does – whether it’s negligently or consciously – can create Globally and locally we all must move toward sustainable do something about it. In this context, the proponent of an law professor. Robert W. Collin is a an environmental disaster for many. One country’s choice of policies and sustainable development and two practices can activity – the mining company leaching the toxins into the senior research scholar at Willamette’s development may lead to environmental disaster for other help us get there. First, we need to include in the decision water, the corporation fouling the air with its toxic smoke- Public Policy Research Center and an countries. We can no longer behave independently if we adjunct professor of law at Willamette making process those who must live with the consequences stack, the utility company killing fish with its dam – bears want to protect the natural systems we all depend upon like University College of Law. Together of environmental decisions. Second, we need to employ the the burden of proof, not the public. The precautionary prin- clean air or fresh, clean surface, ground and rain water. they helped to found the Conference precautionary principle. ciple would ensure that those who want to introduce new Against Environmental Racism (CAER), the Oregon Governor’s We all must move toward behaving in sustainable ways. development, new chemicals or new processes must first Environmental Justice Advisory Board and a network of region- prove that they are safe. The vulnerable wouldn’t have to al activists in the area of environmental justice in the Pacific prove harm first. Northwest.

18 19 Spring 2005 Spring 2005

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Viva Italia! Green Global Justice

ndrea Bartoloni Maryhill Museum of Art alph Bloemers JD’98 is a leader in the Pacific After graduating and working for three years at Stoel JD’82 is full of to bring several of its Northwest’s conservation community. Three Rives LLP in Portland, Bloemers struck out on his A enough obscure 1940s-era French manne- R years ago, he gave up a comfortable job at a own. He was eager to help disadvantaged communities facts to create a trivia game. quins back to France to be prestigious Portland law firm to co-found the Cascade and organizations take on governmental and com- Need to know the optimal restored and taken on tour. Resources Advocacy Group (CRAG), a non-profit mercial interests that are often at the root of environ- temperature for preserv- organization that’s at the forefront of strategic environmental degradation. “While a lot of environmental Born in Florence, Italy, ing French mannequins or mental litigation and educational outreach. “We don’t conservation efforts are well funded, less attention is Bartoloni originally what it costs to fly 20 former NBA stars to Thailand? have our own agenda,” explains Bloemers. “We help given to prosecuting environmental justice because the designed furniture before Bartoloni’s your man. “My work is really interesting people who want to preserve public land and the envi- stakeholders are often minorities and low income.” deciding to become a because I’m often dealing with atypical issues.” ronment. It’s great to represent people who have issues lawyer. He later moved to his wife’s home city of After its first year of operation, CRAG was winning they care about.” Bartoloni is an international business attorney. He’s Bellingham, Wash., and completed a bachelor’s degree cases and bringing in enough public support to break a partner in Bartoloni Law Group, a small, Portland- at Western Washington University before coming Raised on a 600-acre farm in Virginia, Bloemers has a even. While it won’t make him wealthy, CRAG’s based law firm with some big clients. Most of his work to Willamette University College of Law. Bartoloni deep connection to the outdoors. However, his deci- unique combination of legal expertise and facilitating involves helping individuals and businesses move peo- chose Willamette for its “nurturing environment and sion to enter law school and make environmental educational outreach provides Bloemers with some- ple, materials and ideas from one country to another. small class size where I could get to know the profes- protection the focus of his work was shaped by a series thing far more lasting. “The rewards we get come from Smoothing the skids of international commerce takes sors. Willamette provided a stimulating and enriching of important experiences that began outside of the working with individuals and communities to help knowledge, versatility and good connections. experience.” United States. protect and maintain their quality of life.”

“Not only do I need to know business, but I’ve also got After finishing school in 1982, Bartoloni joined Stoel After graduating from the University of Colorado, – Brad Millay ’97 to negotiate transactions with people from different Rives LLP, and helped develop their international law Bloemers hiked for several months in southern Asia. cultures, backgrounds and beliefs. The network of peo- practice. In 1988, he set up a private practice with for- The crushing poverty he saw in countries like Nepal ple that you develop internationally is probably one of mer Stoel Rives partner and Willamette law graduate, and Thailand made a deep impression on him. “I the biggest assets of an international lawyer.” Jeff Abbot JD’84. Bartoloni represents some of Italy’s became a lot more serious about going to law school largest corporations such as Impregilo, one of the and using my skills to help people,” he says. Those connections have landed Bartoloni some world’s leading excavation companies. The company is interesting clients. He once worked with a Thai He also spent a year in Germany working in a reinsur- currently working on Portland’s $293 million west side businessman to bring a “Legends of the NBA” game ance firm – a company that insures insurance policies. pipeline project. “Because of my cultural background, I It opened his eyes to the environment’s potentially have good connections with Italian companies.” “The network of people that you develop staggering impact on global health and economics. Appointed as Italy’s vice counsel to Oregon, Bartoloni “The reinsurance business is very conscious about the internationally is probably one of the biggest is also an ambassador in building cultural and business impact of global warming and climate change because assets of an international lawyer.” ties between Oregon and Italy. One of his greatest of the catastrophic losses it means for them.” successes so far is the Portland-Bologna Sister City – Andrea Bartoloni JD’82 During his third year at Willamette University College Association, a team of American and Italian business of Law, Bloemers’ future came into focus. A dual and public leaders who have forged a close alliance. Dutch/American citizen, he spent a semester at Leiden to Bangkok. This meant negotiating with basketball “Portland and Bologna have a lot to offer each other University in Holland, the birthplace of international stars like Kareem Abdul-Jabbar and Moses Malone both commercially and culturally, and I am excited law. He studied with international law luminaries like and recruiting the Seattle Supersonics’ cheerleading about how this relationship is developing.” Marcel Brus and Laurens Jan Brinkhorst. squad. In another case, he negotiated for Washington’s – Brad Millay ’97

20 21 Spring 2005 Spring 2005

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Viva Italia! Green Global Justice

20 21 Spring 2005 Spring 2005

ALUMNI PROFILES ALUMNI PROFILES

Flight to Freedom living with them. I’d seen the movies “Grease” and “16 His mother’s counsel did the trick. Yimesgen returned Candles” and had always wanted to go to school in the to school with renewed vigor and purpose. He slowly United States.” raised his grades and graduated in 1998 with a degree in international relations. In the middle of the night, government police dragged his father away to prison. Michael Although he missed his parents, Yimesgen thrived, Yimesgen JD’04, who was only 11 years old at the time, wouldn’t see his father again for earning top grades in his American high school. It Regardless, the stress of his father’s imprisonment, four long years. The experience would shape Yimesgen’s career choice for a lifetime. wasn’t until he moved to Davis, to attend the coming to the United States and having to be com- University of California that the culture shock kicked pletely on his own for so long, had taken its toll. “By in. “Suddenly I was by myself, away from my family the time I got my BA, I was totally burned out. I felt was a scare tactic by the government, and my support network. I was missing home and I just lost. I didn’t know what I wanted to do.” an ‘enemy within’ type of thing,” says lost it. I was getting terrible grades and was thinking For the next couple of years, Yimesgen drifted, tended Yimesgen, his words flavored with the about dropping out.” “It bar and hung out with international friends he’d made soft lilt of his native Ethiopia. “My father was from It was Yimesgen’s mother, on a rare visit to California, at school. It was a call from his mother that jump Atria, a region in the north at war with the govern- who again came to the rescue. “I told her what was started his stalled progress. “She said she was very ment. They put my father in prison because of his going on. She said, ‘I support you 100 percent. If you disappointed that I’d finished school and wasn’t doing descent. It was a propaganda move the government need to go to community college and start over, fine. If anything, wasn’t making any money, wasn’t planning employed when the civil war wasn’t going well and you want to go back to Davis and take the classes you what I was going to do with my life. I started think- they wanted people to be afraid; to make them believe loved back home, do it.’ I was totally taken aback.” ing about what my mom had gone through in court they had enemies in their neighborhoods.” and decided that being an advocate was something I It also enabled the government to confiscate homes, wanted to do.” businesses and other properties to finance the war. He’d taken the LSAT before leaving Davis and applied Yimesgen’s father had done fairly well in the import/ to law school at San Diego and at Willamette. He was export business, making him a prime target. The gov- accepted at both. “On the same day, I got two letters: ernment assumed that Yimesgen’s mother, a woman one from San Diego and one from Willamette. The with little formal education, would be an easy target. San Diego letter was a form letter saying my deposit They figured wrong. was late. The Willamette letter, which was personally “They wanted to ease us out of our property, but my signed by Dean Symeonides, offered me a scholarship. Four years later, in another propaganda move, the mother didn’t let that happen,” he says. “She’s a very It was easy to choose Willamette.” government suddenly released Yimesgen’s father. The strong woman. She got a lawyer who was a friend of charges were never fully litigated and he was never It’s a decision that’s continued to please him and make the family and beat the government to the punch at convicted. Without apology or redress, he was released, his mother proud. In his first semester, he co-authored every turn. When the government insisted the family along with hundreds of other political prisoners. a paper with Willamette Professor Jim Nafziger that hadn’t paid certain taxes or fines to justify seizing our was published in the Michigan Law Review. In his sec- property, she’d have a copy of the documents saying Unfortunately, there wasn’t time for young Yimesgen ond year, he interned with Bullivant Houser Bailey otherwise.” to become reacquainted with his father. “There was an PC in the firm’s Portland office. Last spring, after a unofficial draft and people were being targeted for the Despite having to sell off cars, jewelry and other per- successful clerkship with the firm, they offered him a military,” he recalls. “My mom wanted me to get out so sonal possessions to make ends meet, his mother didn’t job when he graduated. At graduation, he honored his I had to leave.” allow her husband’s absence to harm Yimesgen and mother, who was unable to attend, by wearing a tradi- his four siblings. “She appeared in court, made food to He traveled to the United States and stayed with a tional Ethiopian robe she had tailored for him. take to my dad in prison, made sure we had clothing family in Santa Barbara who had previously hosted his – Bobbie Hasselbring for school and that we went to school – she did every- older brother. After a few months, Yimesgen moved thing. She didn’t want anything to change for us.” into an apartment with his brother and sister. “I loved

22 23 Spring 2005 Spring 2005

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22 23 n 1981, China was largely unknown to the West. That’s Celebrating when then Willamette University College of Law Dean I Leroy Tornquist and Law Professor James Nafziger made the visionary decision to develop an international program with East China University of Politics and Law (ECUPL). Three years later, Two Decades Willamette’s China Summer Program was born. Over the past 21 years, Willamette’s China Summer Program, the oldest such program in existence, has introduced some 700 students from Willamette and more than 120 other universities in China and colleges throughout the United States, Canada, Australia and Europe to China’s rapidly evolving legal system. The four-week program, which is open to both law students and law school graduates, has also provided an inside look at the blend of ancient and ultra-modern that is China.

“ECUPL is in Shanghai, China’s biggest city and center for international trade and investment, so we thought it would be an exciting opportunity,” explains Nafziger, who is the College of Law’s Director of International Programs.

“The exchange program allows American law students to learn about the Chinese legal and judicial systems and Chinese society and culture,” says Xian Min Chen, a law professor at ECUPL and deputy director of the University’s International Exchange Center.

The China Summer Program, which is taught in English, teaches students about American and Chinese law. “As a comparative law program, the China Summer Program offers a unique opportunity to gain insights not only into foreign law, but by contrast, into features of the American legal system,” says Nafziger.

The China Summer Program has also evolved into an exchange program. A sizeable number of Chinese students have come to Salem to study. Willamette has also hosted three visiting scholars from China and published several articles on China-related legal issues and the Willamette Journal of International Law and Dispute Resolution, now in its thirteenth volume.

Perhaps most importantly, Willamette’s China Summer Program has launched the legal careers of a number of alumni who are now major players on both the Chinese and American legal scenes.

25 n 1981, China was largely unknown to the West. That’s Celebrating when then Willamette University College of Law Dean I Leroy Tornquist and Law Professor James Nafziger made the visionary decision to develop an international program with East China University of Politics and Law (ECUPL). Three years later, Two Decades Willamette’s China Summer Program was born. Over the past 21 years, Willamette’s China Summer Program, the oldest such program in existence, has introduced some 700 students from Willamette and more than 120 other universities in China and colleges throughout the United States, Canada, Australia and Europe to China’s rapidly evolving legal system. The four-week program, which is open to both law students and law school graduates, has also provided an inside look at the blend of ancient and ultra-modern that is China.

Perhaps most importantly, Willamette’s China Summer Program has launched the legal careers of a number of alumni who are now major players on both the Chinese and American legal scenes.

25 Q and A with Professor

Xian Min Chen in Kang Gu JD’96, a lem. My second challenge was finan- of encouragement. They often law professor at City cial. I had a tuition waiver, but also invited me and my family to their M University of Hong Kong, had to support my wife and daughter. homes on weekends and took us isn’t a typical Chinese teacher. He It was difficult. During that first year, to restaurants and to beautiful When you attended WUCL, which lawyers who deal with specialty cases tempts, he cajoles, he encourages I almost left Willamette.” places in Oregon. In the class- his students into working indepen- room, they were my teachers; after professors were most influential in law firms. However, up until now, By the second year, Gu had found dently and asking questions, even class, they were my friends.” and what was the most important we don’t have specialty law firms in his stride and he ranked in the top when he can’t supply all the answers. thing you learned? China. 30 students. He published two jour- Gu says Willamette changed how I remember many of the Willamette He learned his unique teaching Are there opportunities for nal articles with the late Professor he thinks about legal issues. “I am professors, especially Jim Nafziger, style from professors at Willamette American attorneys in China? Robert Art. For his efforts, he was able to look at legal issues from Sam Jacobson, Leroy Tornquist and University College of Law. In recent years, China has sped up Bob Art. The most important thing and widened cultural and economic I learned about was the American contacts with overseas countries. legal system and the American China is a very big country and teaching system. there are many opportunities here A Different Kind of Teacher How has your experience at WUCL because we do not have many law- influenced your teaching? yers. In Shanghai, we have fewer Min Kang Gu JD’96 I learned different teaching methods than 5,000 registered lawyers, which hinese marine law from Willamette professors. Here in is not enough for such a big city. expert and law profes- China, when professors give a lec- Also, the law system here is chang- many different angles or aspects. I sor Xian Min Chen ture, only the professor talks, not the ing a lot. Ten years ago, the coun- “In China, our teaching style is to C can ask myself, ‘What would we do has been teaching at the East students. But in America, professors try’s law department belonged to the stuff students like a duck,” he says, in the common law tradition; or expect class discussions. They state government. Now most law firms are smiling broadly. “We give them China University of Politics what would we do in the civil law the question to students and wait private partner law firms, which cre- information, but we don’t ask them and Law (ECUPL) in Shanghai, tradition? What would the compro- for students to answer. This is a very ate more opportunities. questions. Maybe we’re afraid that China, for the past 20 years. As mise solution be?’ This way of think- good way for law students to learn. we are not prepared and don’t have deputy director of international What advice do you have for law ing is one of the big advantages of Over the past 10 years, some of our the answers. At Willamette, I saw programs at ECUPL, he helps students or alumni interested in studying abroad.” professors here have been using this professors prepare very well and coordinate Willamette’s China practicing in China? teaching method and our students answer questions. That influenced Even more profound for Gu is how Summer Program. He studied Now that China has become an like it. We put them into small me a lot.” Willamette influenced his teaching. for two years at Willamette open economic market, American groups, give them a topic or ques- “Now I’m a different kind of teacher. law students should take more time Gu had earned a master’s of law University College of Law. He tion and they work on the answer. Willamette taught me that professors to study the Chinese market and degree and had been teaching at was asked to describe his experi- don’t have to be perfect. I ask my How is working in China as an Chinese law. If you’re interested in East China University of Politics ence and the opportunities for students questions. I invite them to attorney different from working in working in China, it’s good to speak and Law (ECUPL) for five years American lawyers in China. ask me questions. If I can’t answer America as an attorney? Chinese. We have a summer pro- when he decided to come to a question right then, I’ll prepare American law firms focus on a spe- gram here at East China University Willamette. “I thought it would be and answer it next time. It’s a good cialty, a narrow topic. If there’s a where we teach Chinese language to good to learn more about U.S. law.” awarded a scholarship, which helped teaching method that benefits my maritime case, it’s given to a mari- American students. However, even It wasn’t easy. “My first year at ease some of the financial stress. students.” time law firm. In China, we deal if you don’t speak Chinese, many Willamette was very tough. I needed What really made the difference, he with many kinds of cases because people in Shanghai speak English so to take the same class load as other – Bobbie Hasselbring says, was the kindness of Professors we don’t have specialty law firms. it’s still possible to communicate. American students, but I had to work James Nafziger and Robert Art. Familiarity with a specialty is very very hard just to survive. It was no – Bobbie Hasselbring “They took the initiative to help me good for clients and we have some problem for me to think about law take care of my life. They treated issues, but the language was a prob- me like a brother and gave me a lot

26 27 Q and A with Professor

26 27 exin “Robert” Li JD’93 Richard Hagedorn eing in America in law ficult to keep up because it’s evolv- “Willamette taught me what the law was a teenager when and Carlton Snow, school gives you a dif- ing very fast. As an attorney, I have means and how to analyze legal issues. G the Cultural Revolution had a strong influ- “B ferent perspective,” says to stay current with the published It gave me a different perspective. It began in China in 1966. At 16, he ence on him. Yuanxing Chen JD’90, senior legal regulations. China doesn’t have an has made me able to compare different was sent to Heilongjiang Province in “Willamette taught council at DuPont China Holding official legal reporting system, which systems, which is helpful in my work northeast China to work in the labor me how to think Company, Ltd. in Shanghai. He’s is something I’d like to see. The here at DuPont.” camps. He worked there for five about the law and standing in front of a display case internet has helped and now there Although he advises his company on years, enduring long hours and inhu- analyze issues.” filled with seemingly unrelated prod- are some publishing companies that Chinese law, Chen says that learn- mane conditions. Now he eats at a ucts – Teflon® cooking pans, military help keep us up-to-date, but it’s still After earning his ing American law has made all the restaurant near his office that serves flak jackets, Corian® cutting boards, difficult.” J.D., he returned difference in getting favorable results Heilongjiang-style food. It’s a way flameproof hoods and cans of auto to work as an Chen insists that there are plenty of for his employer. “Now when I look to remind himself of those difficult refinisher. They illustrate applica- attorney in China. opportunities for American attorneys at documents, write an opinion or times and be grateful for how much tions of the more than 200 products When the Chinese in China, but the right prepara- talk with a judge, I look at it not only his life has changed. that DuPont manufactures and sells government passed tion is key. “Business is booming in from the Chinese perspective, but also in China. They also represent the Today, life is sweet for Li. He is Just regulations allow- China. More and more, China is from the Western perspective. For breadth of Chen’s busy job. the founding partner of one of the ing the creation of becoming the manufacturing base most successful private law firms in Rewards private law firms, “DuPont is growing very fast in for many multinational com- Shanghai. He has a strong family Gexin “Robert” Li jumped at the China,” says Chen, who has been panies and these companies life, a house in the city and a beauti- Li JD’93 opportunity. In ful villa in the Shanghai suburbs. 1995, Li applied He wears impeccable suits, owns and for and received “Business is booming in China. More and more, China works in an office with an incom- one of the first is becoming the manufacturing basis for many multina- parable view of the city skyline and licenses to own drives a new BMW sedan. and operate a pri- tional companies and these companies need attorneys.” vate firm. In 1989, Li was teaching interna- – Yuanxing Chen JD’90 tional economic law at East China His law firm now University of Politics and Law He dove into classes, especially com- has 14 attorneys. Today, he spends with the international corporation in Shanghai when the country mercial law courses. He took almost much of his time helping international for eight years. He and two other was thrown into turmoil by the all of the U.C.C. courses as well as firms set up companies in China. Not staff members are responsible for all pro-democracy demonstrations at legal research and writing. At first, long ago, he and his firm completed the legal work for DuPont China and Tiananmen Square in Beijing. Li the cultural differences were hard to the Pudong Water Company Project, in Dupont’s Shanghai office, one of Mr. DuPont decided it was a good time to come bridge. “In China, rights are granted which involved transferring 50 percent three branches the company has in to Willamette University to study from heaven and the interest of the ownership of the area’s water rights to a Yuanxing Chen JD’90 China. “I get involved with whatever American law. The decision would State is the most important. In the foreign country. “Historically, the state legal issues DuPont has in China. It change his life. U.S., rights come from the people monopolized the water industry and may be intellectual property, invest- and the people’s rights are the most foreigners were not allowed to invest. “I arrived four weeks late to ment issues, land use concerns. I am need attorneys. Many of them want instance, when the government tries important. The systems are totally Three international water giants com- Willamette, so my first semester involved in the beginning, from nego- American attorneys, but if you to impose fines on the company for different, which made it difficult for peted in this project. This successful almost killed me. Law students have tiating with our partners or dealing don’t speak Chinese, you’ll run into doing something, I write memos that me.” project has become a model for utility lots to read. You can imagine how with government authorities to pre- problems. Your success will depend incorporate legal theories, due pro- companies in China.” much I had to read to make up the By his third year, Li was in the top paring the necessary legal documents.” on your determination and on your cess concepts and many other things four weeks. I worked like a slave.” 10 percent of students in commer- – Bobbie Hasselbring language skills.” I learned in the U.S.” One of the challenges for Chen and cial law classes. Several Willamette other attorneys working in China is He credits much of his own success – Bobbie Hasselbring professors, including Robert Art, staying abreast of all the changes in to what he learned at Willamette the country’s legal system. “It’s dif- University College of Law.

28 29 exin “Robert” Li JD’93 Richard Hagedorn eing in America in law ficult to keep up because it’s evolv- “Willamette taught me what the law was a teenager when and Carlton Snow, school gives you a dif- ing very fast. As an attorney, I have means and how to analyze legal issues. G the Cultural Revolution had a strong influ- “B ferent perspective,” says to stay current with the published It gave me a different perspective. It began in China in 1966. At 16, he ence on him. Yuanxing Chen JD’90, senior legal regulations. China doesn’t have an has made me able to compare different was sent to Heilongjiang Province in “Willamette taught council at DuPont China Holding official legal reporting system, which systems, which is helpful in my work northeast China to work in the labor me how to think Company, Ltd. in Shanghai. He’s is something I’d like to see. The here at DuPont.” camps. He worked there for five about the law and standing in front of a display case internet has helped and now there Although he advises his company on years, enduring long hours and inhu- analyze issues.” filled with seemingly unrelated prod- are some publishing companies that Chinese law, Chen says that learn- mane conditions. Now he eats at a ucts – Teflon® cooking pans, military help keep us up-to-date, but it’s still After earning his ing American law has made all the restaurant near his office that serves flak jackets, Corian® cutting boards, difficult.” J.D., he returned difference in getting favorable results Heilongjiang-style food. It’s a way flameproof hoods and cans of auto to work as an Chen insists that there are plenty of for his employer. “Now when I look to remind himself of those difficult refinisher. They illustrate applica- attorney in China. opportunities for American attorneys at documents, write an opinion or times and be grateful for how much tions of the more than 200 products When the Chinese in China, but the right prepara- talk with a judge, I look at it not only his life has changed. that DuPont manufactures and sells government passed tion is key. “Business is booming in from the Chinese perspective, but also in China. They also represent the Today, life is sweet for Li. He is Just regulations allow- China. More and more, China is from the Western perspective. For breadth of Chen’s busy job. the founding partner of one of the ing the creation of becoming the manufacturing base most successful private law firms in Rewards private law firms, “DuPont is growing very fast in for many multinational com- Shanghai. He has a strong family Gexin “Robert” Li jumped at the China,” says Chen, who has been panies and these companies life, a house in the city and a beauti- Li JD’93 opportunity. In ful villa in the Shanghai suburbs. 1995, Li applied He wears impeccable suits, owns and for and received “Business is booming in China. More and more, China works in an office with an incom- one of the first is becoming the manufacturing basis for many multina- parable view of the city skyline and licenses to own drives a new BMW sedan. and operate a pri- tional companies and these companies need attorneys.” vate firm. In 1989, Li was teaching interna- – Yuanxing Chen JD’90 tional economic law at East China His law firm now University of Politics and Law He dove into classes, especially com- has 14 attorneys. Today, he spends with the international corporation in Shanghai when the country mercial law courses. He took almost much of his time helping international for eight years. He and two other was thrown into turmoil by the all of the U.C.C. courses as well as firms set up companies in China. Not staff members are responsible for all pro-democracy demonstrations at legal research and writing. At first, long ago, he and his firm completed the legal work for DuPont China and Tiananmen Square in Beijing. Li the cultural differences were hard to the Pudong Water Company Project, in Dupont’s Shanghai office, one of Mr. DuPont decided it was a good time to come bridge. “In China, rights are granted which involved transferring 50 percent three branches the company has in to Willamette University to study from heaven and the interest of the ownership of the area’s water rights to a Yuanxing Chen JD’90 China. “I get involved with whatever American law. The decision would State is the most important. In the foreign country. “Historically, the state legal issues DuPont has in China. It change his life. U.S., rights come from the people monopolized the water industry and may be intellectual property, invest- and the people’s rights are the most foreigners were not allowed to invest. “I arrived four weeks late to ment issues, land use concerns. I am need attorneys. Many of them want instance, when the government tries important. The systems are totally Three international water giants com- Willamette, so my first semester involved in the beginning, from nego- American attorneys, but if you to impose fines on the company for different, which made it difficult for peted in this project. This successful almost killed me. Law students have tiating with our partners or dealing don’t speak Chinese, you’ll run into doing something, I write memos that me.” project has become a model for utility lots to read. You can imagine how with government authorities to pre- problems. Your success will depend incorporate legal theories, due pro- companies in China.” much I had to read to make up the By his third year, Li was in the top paring the necessary legal documents.” on your determination and on your cess concepts and many other things four weeks. I worked like a slave.” 10 percent of students in commer- – Bobbie Hasselbring language skills.” I learned in the U.S.” One of the challenges for Chen and cial law classes. Several Willamette other attorneys working in China is He credits much of his own success – Bobbie Hasselbring professors, including Robert Art, staying abreast of all the changes in to what he learned at Willamette the country’s legal system. “It’s dif- University College of Law.

28 29 t changed my life!” Moncayo to become an exchange study and learn more, not just get the inda Gao JD’03 wants to the middle of school. The other stu- “They challenged my personality That’s how Ecuadorian student in the fall of 2004 in degree.” know more. That intellectual dents had gotten some background and my cultural background. In exchange student Carlos Willamette’s Ecuador Program. curiosity has taken her half- in contracts and common law, but I China, students don’t speak a lot. “I When he heard about Willamette’s L Moncayo describes his experience way around the world and back and had to just pick it up.” My personality is also very quiet. We “At first, I figured I’d become a part- China Summer Program, Moncayo was at Willamette University College of pushed her to earn three law degrees. had to participate in class, commu- ner as quickly as possible and earn intrigued. “I was interested, but had no Although she’d studied English in Law. His action-packed year includ- nicate with clients and speak before money. That was my target.” money. To pay for my trip, I worked as “I got my LL.B., a four-year under- China for several years, taking law ed working at a Portland law firm, professors and students all the time.” Professor Nafziger’s research assistant graduate degree, at East China classes in English proved a challenge assisting with an international sports Taking a full load, he threw himself and helped him with the second edition The experience has paid law book, completing the dispute into his studies. He learned about of his book, International Sports Law.” off, giving her the confi- resolution certificate program and Willamette’s two-year dispute resolu- dence to land a job with traveling halfway around the world tion certificate program. “Professors Not one to waste time, Moncayo sent Albright Law Offices, with the China program. Willamette Richard Birke, David Clark and his resume to international law firms in A Thirst for Knowledge one of the largest, most not only changed his outlook on the James Nafziger said I could apply Shanghai. “I sent all these emails, got Linda Gao JD’03 successful private firms law, but his entire career direction. to do the program in one year. It replies from four of them and got phone in Shanghai. “Professor was crazy because I needed 200 interviews with two.” “I was studying law in Quito and Vollmar’s class in trust practicum hours plus all the class- clerking for the biggest law firm in When Moncayo finished the four-week and estates has been really room credits. I was accepted and China Summer Program, two firms University of Politics and Law,” she helpful to me in what I I started doing mediation offered him an internship. He chose explained. “I worked for nine years do,” she said. Her firm has at the courthouse in Salem Lehman, Lee and Xu, a renowned at East China, teaching and work- captured 90 percent of the Chinese law firm. “They put me ing for the International Exchange trust and financial secu- “The Willamette profes- in charge of Spanish-speaking Center and with Willamette’s ritization work in China. sors made me understand companies investing in China. I Summer China Program.” “The negotiation skills how wonderful it can be met with chambers of commerce, Gao taught Chinese law, but she was I learned at Willamette commercial offices and consulates intrigued with Western common law. help me negotiate, espe- to study law.” from Spanish-speaking countries.” “Singapore is also a common law cially with American country, so I went to the National attorneys.” – Carlos Moncayo Within three months, Moncayo proved his value and the partners University of Singapore and got Not wanting to lose her offered him a year’s contract. “It was a a master’s of law degree. While I hard-won knowledge hard decision,” he says, about accept- learned about common law, I hadn’t of common law, Gao ing the job. “I still want to go back learned the real essence of common also teaches at Fudan On His Way to Ecuador and finish my law degree. law. I wanted to know the ‘why’ of University, one of the Then get my master’s degree in law in common law.” top law schools in China. Carlos Moncayo the U.S.” Her quest to know more brought too. “I could do well in reading and “Teaching allows me to use my writing, but listening was difficult. knowledge of civil and common law For now, Moncayo is working at the her to Willamette in 2000. She left Many of the professors spoke so fast.” and do comparative research.” She’d law firm during the day and studying behind her five-year-old daughter eventually like to teach full time. Ecuador,” Moncayo says. His black Chinese at night. What’s his ulti- and her husband, John. “I really She worked hard and, in her first and mediation for Spanish-speaking “In a civil law country like China, frame glasses, gray suit and white mate goal? “I’d like to be president of missed my daughter and my husband. year, earned honors in her legal families at another agency.” we don’t have judges to interpret the shirt make him look older than his Ecuador,” he says, without hesitation. They made sacrifices and supported research and writing class. Later, she laws. Practitioners and judges come 23 years. “I had security. Everybody Along the way, something magi- me a lot.” was selected to serve as an associate No one who knows Moncayo doubts his to university scholars for solutions. was telling me I was on the right cal happened. “All the Willamette editor for the Willamette Law Review. chances to succeed. Difficulties obtaining a visa delayed I’d like my scholarly work to help track, but something was missing.” professors, but especially Professor her start at Willamette. She was Practical courses like the civil prac- the practical work.” Nafziger, made me understand how – Bobbie Hasselbring A meeting with the director of the forced to play catch up. “It was very tice clinic and trial practice pushed wonderful it can be to study law,” – Bobbie Hasselbring Ecuadorian program in Quito who’d difficult for me because I started in her out of her comfort zone too. he says. “Suddenly, I wanted to studied at Willamette prompted

30 31 t changed my life!” Moncayo to become an exchange study and learn more, not just get the inda Gao JD’03 wants to the middle of school. The other stu- “They challenged my personality That’s how Ecuadorian student in the fall of 2004 in degree.” know more. That intellectual dents had gotten some background and my cultural background. In exchange student Carlos Willamette’s Ecuador Program. curiosity has taken her half- in contracts and common law, but I China, students don’t speak a lot. “I When he heard about Willamette’s L Moncayo describes his experience way around the world and back and had to just pick it up.” My personality is also very quiet. We “At first, I figured I’d become a part- China Summer Program, Moncayo was at Willamette University College of pushed her to earn three law degrees. had to participate in class, commu- ner as quickly as possible and earn intrigued. “I was interested, but had no Although she’d studied English in Law. His action-packed year includ- nicate with clients and speak before money. That was my target.” money. To pay for my trip, I worked as “I got my LL.B., a four-year under- China for several years, taking law ed working at a Portland law firm, professors and students all the time.” Professor Nafziger’s research assistant graduate degree, at East China classes in English proved a challenge assisting with an international sports Taking a full load, he threw himself and helped him with the second edition The experience has paid law book, completing the dispute into his studies. He learned about of his book, International Sports Law.” off, giving her the confi- resolution certificate program and Willamette’s two-year dispute resolu- dence to land a job with traveling halfway around the world tion certificate program. “Professors Not one to waste time, Moncayo sent Albright Law Offices, with the China program. Willamette Richard Birke, David Clark and his resume to international law firms in A Thirst for Knowledge one of the largest, most not only changed his outlook on the James Nafziger said I could apply Shanghai. “I sent all these emails, got Linda Gao JD’03 successful private firms law, but his entire career direction. to do the program in one year. It replies from four of them and got phone in Shanghai. “Professor was crazy because I needed 200 interviews with two.” “I was studying law in Quito and Vollmar’s class in trust practicum hours plus all the class- clerking for the biggest law firm in When Moncayo finished the four-week and estates has been really room credits. I was accepted and China Summer Program, two firms University of Politics and Law,” she helpful to me in what I I started doing mediation offered him an internship. He chose explained. “I worked for nine years do,” she said. Her firm has at the courthouse in Salem Lehman, Lee and Xu, a renowned at East China, teaching and work- captured 90 percent of the Chinese law firm. “They put me ing for the International Exchange trust and financial secu- “The Willamette profes- in charge of Spanish-speaking Center and with Willamette’s ritization work in China. sors made me understand companies investing in China. I Summer China Program.” “The negotiation skills how wonderful it can be met with chambers of commerce, Gao taught Chinese law, but she was I learned at Willamette commercial offices and consulates intrigued with Western common law. help me negotiate, espe- to study law.” from Spanish-speaking countries.” “Singapore is also a common law cially with American country, so I went to the National attorneys.” – Carlos Moncayo Within three months, Moncayo proved his value and the partners University of Singapore and got Not wanting to lose her offered him a year’s contract. “It was a a master’s of law degree. While I hard-won knowledge hard decision,” he says, about accept- learned about common law, I hadn’t of common law, Gao ing the job. “I still want to go back learned the real essence of common also teaches at Fudan On His Way to Ecuador and finish my law degree. law. I wanted to know the ‘why’ of University, one of the Then get my master’s degree in law in common law.” top law schools in China. Carlos Moncayo the U.S.” Her quest to know more brought too. “I could do well in reading and “Teaching allows me to use my writing, but listening was difficult. knowledge of civil and common law For now, Moncayo is working at the her to Willamette in 2000. She left Many of the professors spoke so fast.” and do comparative research.” She’d law firm during the day and studying behind her five-year-old daughter eventually like to teach full time. Ecuador,” Moncayo says. His black Chinese at night. What’s his ulti- and her husband, John. “I really She worked hard and, in her first and mediation for Spanish-speaking “In a civil law country like China, frame glasses, gray suit and white mate goal? “I’d like to be president of missed my daughter and my husband. year, earned honors in her legal families at another agency.” we don’t have judges to interpret the shirt make him look older than his Ecuador,” he says, without hesitation. They made sacrifices and supported research and writing class. Later, she laws. Practitioners and judges come 23 years. “I had security. Everybody Along the way, something magi- me a lot.” was selected to serve as an associate No one who knows Moncayo doubts his to university scholars for solutions. was telling me I was on the right cal happened. “All the Willamette editor for the Willamette Law Review. chances to succeed. Difficulties obtaining a visa delayed I’d like my scholarly work to help track, but something was missing.” professors, but especially Professor her start at Willamette. She was Practical courses like the civil prac- the practical work.” Nafziger, made me understand how – Bobbie Hasselbring A meeting with the director of the forced to play catch up. “It was very tice clinic and trial practice pushed wonderful it can be to study law,” – Bobbie Hasselbring Ecuadorian program in Quito who’d difficult for me because I started in her out of her comfort zone too. he says. “Suddenly, I wanted to studied at Willamette prompted

30 31 The People’s Lawyer Li Wei JD’97 “Before they left, Professor Nafziger used the opportunity to travel to said, ‘If there’s anything I can do to Shanghai and bring his wife back help you, don’t hesitate to contact to Salem. He’s been returning every me.’ I thought he was just being year since to help with the China polite.” Summer Program, often arranging for class presentations by business- That December, Mei, who was nglish isn’t their native a Chihuahua was,” he says, laughing men and practicing attorneys. studying for the entrance exam for a tongue. They don’t under- good-naturedly at the memory. “These students are future lawyers, master’s in law at Beijing University, stand the American legal so they need to get the whole story E His Willamette professors came sent Nafziger a Christmas card say- system or legal terminology. Big about Chinese law. People from to his rescue. When he wrote an ing he’d like to study at Willamette. law firms overcharge them. Li Wei Europe and elsewhere tell a different article about Chinese judicial Nafziger, who was on sabbatical, JD’97 hears these complaints all the story than Chinese professors.” interpretation for The Willamette didn’t respond until the following time from his Asian clients. As the Journal of International Law and April. The next thing Mei knew, he After earning his J.D. at Willamette, community’s lawyer, he makes it his Dispute Resolution, Professor Nafziger was enrolled at Willamette. Mei worked for a couple of local business to help. corrected his grammar word-by- “My clients treat me like a family word. Legal writing instructor Sam counselor and their business attor- Jacobson met with him often and ney,” says Wei, who operates a solo coached him. “She totally changed general law practice in Portland, my writing from Ph.D. style to legal Fateful Summer Ore., that specializes in serving the style. She really made a difference.” James Mei JD’89 area’s Chinese and greater Asian His own difficulty with conversa- communities. “They call me for tional English gave him compassion everything.” for the Asian community’s difficulty Wei began his legal career on a with the American legal system and amicable settlements because “if they wenty years ago in China, Like many international students, law firms in Portland. Today, he much different track. In China, he’d made him want to do something fight, only the attorney wins big.” James Mei JD’89 met English proved challenging for is a partner with Davis Wright taught international law at Shanghai about it. “At the VanderMay Law T Willamette University Mei. “The professor’s mouth would Tremaine LLP (DWT), one of the On any given day, Wei’s office hums University and was working on a Firm in Salem, where I worked for College of Law Professor James be moving, but I wouldn’t under- largest and most respected law firms with activity, with Chinese, Thai, Ph.D. in law at New York University two years, Asian clients came all the Nafziger and Mei’s life changed stand.” He used half of the $100 in the Pacific Northwest. In 1993, Cambodian, Vietnamese and other when his colleague James Mei JD’89 way from Portland to see me. They forever. he’d brought with him to buy a he helped DWT open the first Asian people coming and going. The tape recorder. “I spent twice as American law office in Shanghai told him about the J.D. program at wanted someone who understood In 1984, after earning his bachelor’s office phones ring constantly. Wei much time as other law students – and split his time over the next Willamette University College of their culture, someone who spoke degree at Shanghai University and smiles at all the activity. “My office is listening in class and then listening three years between Shanghai and Law. “My experience at Willamette their language. They wanted some- studying law at Beijing University literally like a shop with people com- again in the dorm. My classmates Portland. Now he works full time was totally different than my experi- one they could trust.” for a year, the Chinese government ing by to ask questions all the time. I teased me that I was learning two in Portland helping American firms ence at NYU. At Willamette, you’re sent Mei to teach at East China Wei could have used his interna- never tell them to come back tomor- foreign languages at once – English set up business ventures in China part of the community. You’re in University of Politics and Law. “The tional background and his fluency row. I cannot do that. I just tell them and legal terminology.” and Chinese firms do business in close relationship with the profes- dean of the law school asked if I’d with Chinese language to work for a to sit down and we’ll talk.” the U.S. He also works in business sors. They spend time with you and help out with this new summer There were other challenges as major law firm and earn a handsome immigration, smoothing the way for it’s easy to ask them questions. I felt – Bobbie Hasselbring program from the United States. I well. Mei married nine days before salary. Instead, he chose to be the foreign companies like Freightliner comfortable right away.” said sure.” leaving for the United States and people’s attorney. To save his clients and DaimlerChrysler to bring execu- left his new bride behind. Visa English proved his greatest hurdle money, Wei offers free phone consul- During that summer, Mei acted as tives to the United States. “There problems caused him to start the at Willamette. “In property the tation and charges modest, fixed fees program administrator, legal advisor are always new challenges and new term too late to receive grades or first year, we talked a lot about for many of his services. He counsels and personal tour guide for Nafziger things going on. I love what I’m credit for his fall classes. Chihuahuas, but I had no idea what those seeking divorce to work out and his law students in the first ever doing.” Willamette China Summer Program. When Willamette’s China Summer – Bobbie Hasselbring Program began again in July, Mei

32 33 The People’s Lawyer Li Wei JD’97 “Before they left, Professor Nafziger used the opportunity to travel to said, ‘If there’s anything I can do to Shanghai and bring his wife back help you, don’t hesitate to contact to Salem. He’s been returning every me.’ I thought he was just being year since to help with the China polite.” Summer Program, often arranging for class presentations by business- That December, Mei, who was nglish isn’t their native a Chihuahua was,” he says, laughing men and practicing attorneys. studying for the entrance exam for a tongue. They don’t under- good-naturedly at the memory. “These students are future lawyers, master’s in law at Beijing University, stand the American legal so they need to get the whole story E His Willamette professors came sent Nafziger a Christmas card say- system or legal terminology. Big about Chinese law. People from to his rescue. When he wrote an ing he’d like to study at Willamette. law firms overcharge them. Li Wei Europe and elsewhere tell a different article about Chinese judicial Nafziger, who was on sabbatical, JD’97 hears these complaints all the story than Chinese professors.” interpretation for The Willamette didn’t respond until the following time from his Asian clients. As the Journal of International Law and April. The next thing Mei knew, he After earning his J.D. at Willamette, community’s lawyer, he makes it his Dispute Resolution, Professor Nafziger was enrolled at Willamette. Mei worked for a couple of local business to help. corrected his grammar word-by- “My clients treat me like a family word. Legal writing instructor Sam counselor and their business attor- Jacobson met with him often and ney,” says Wei, who operates a solo coached him. “She totally changed general law practice in Portland, my writing from Ph.D. style to legal Fateful Summer Ore., that specializes in serving the style. She really made a difference.” James Mei JD’89 area’s Chinese and greater Asian His own difficulty with conversa- communities. “They call me for tional English gave him compassion everything.” for the Asian community’s difficulty Wei began his legal career on a with the American legal system and amicable settlements because “if they wenty years ago in China, Like many international students, law firms in Portland. Today, he much different track. In China, he’d made him want to do something fight, only the attorney wins big.” James Mei JD’89 met English proved challenging for is a partner with Davis Wright taught international law at Shanghai about it. “At the VanderMay Law T Willamette University Mei. “The professor’s mouth would Tremaine LLP (DWT), one of the On any given day, Wei’s office hums University and was working on a Firm in Salem, where I worked for College of Law Professor James be moving, but I wouldn’t under- largest and most respected law firms with activity, with Chinese, Thai, Ph.D. in law at New York University two years, Asian clients came all the Nafziger and Mei’s life changed stand.” He used half of the $100 in the Pacific Northwest. In 1993, Cambodian, Vietnamese and other when his colleague James Mei JD’89 way from Portland to see me. They forever. he’d brought with him to buy a he helped DWT open the first Asian people coming and going. The tape recorder. “I spent twice as American law office in Shanghai told him about the J.D. program at wanted someone who understood In 1984, after earning his bachelor’s office phones ring constantly. Wei much time as other law students – and split his time over the next Willamette University College of their culture, someone who spoke degree at Shanghai University and smiles at all the activity. “My office is listening in class and then listening three years between Shanghai and Law. “My experience at Willamette their language. They wanted some- studying law at Beijing University literally like a shop with people com- again in the dorm. My classmates Portland. Now he works full time was totally different than my experi- one they could trust.” for a year, the Chinese government ing by to ask questions all the time. I teased me that I was learning two in Portland helping American firms ence at NYU. At Willamette, you’re sent Mei to teach at East China Wei could have used his interna- never tell them to come back tomor- foreign languages at once – English set up business ventures in China part of the community. You’re in University of Politics and Law. “The tional background and his fluency row. I cannot do that. I just tell them and legal terminology.” and Chinese firms do business in close relationship with the profes- dean of the law school asked if I’d with Chinese language to work for a to sit down and we’ll talk.” the U.S. He also works in business sors. They spend time with you and help out with this new summer There were other challenges as major law firm and earn a handsome immigration, smoothing the way for it’s easy to ask them questions. I felt – Bobbie Hasselbring program from the United States. I well. Mei married nine days before salary. Instead, he chose to be the foreign companies like Freightliner comfortable right away.” said sure.” leaving for the United States and people’s attorney. To save his clients and DaimlerChrysler to bring execu- left his new bride behind. Visa English proved his greatest hurdle money, Wei offers free phone consul- During that summer, Mei acted as tives to the United States. “There problems caused him to start the at Willamette. “In property the tation and charges modest, fixed fees program administrator, legal advisor are always new challenges and new term too late to receive grades or first year, we talked a lot about for many of his services. He counsels and personal tour guide for Nafziger things going on. I love what I’m credit for his fall classes. Chihuahuas, but I had no idea what those seeking divorce to work out and his law students in the first ever doing.” Willamette China Summer Program. When Willamette’s China Summer – Bobbie Hasselbring Program began again in July, Mei

32 33 A Letter from China research and I thought Scott returned to Washington and But to move forward with our lives China was the place things met a Canadian immigration attor- we needed to commit ourselves to were going to happen,” he ney who wanted to open an office this place. It took a lot of courage to said recently over lunch at in Beijing. Two years later, he had make the leap, but once we did we M on the Bund, an upscale enough experience to land a job focused on our long-term goals with restaurant that looks out with a large law firm. At first, Scott more confidence. on Shanghai’s futuristic and his wife lived in a cramped room We didn’t make this decision lightly. cityscape. “So I took a with no insulation. “The place had The cultural differences in China gamble and started studying a single gas burner for cooking. The are profound. Many foreigners have Chinese.” heat and hot water ran only twice a difficulties breaching this cultural day and it was freezing outside. We’d After earning his bachelor’s divide and it can stress even the boil kettles of hot water and take degree, he was offered a job most seasoned expatriate. Even in really hot baths, then jump into bed at Boeing making $20,000 a cosmopolitan city like Shanghai, under a down comforter with just a year and a second job what appear to be straightforward our noses sticking out to stay warm. teaching English in China social or professional transactions It was rough. I kept telling Daryl, for $200 a month. Against can become exercises in patience don’t worry, it’s going to work out.” and determination. Without a big Today, he’s a senior associate at network of family and friends readily Herbert Smith, one of the largest Living as an ex-pat in a country like China is challenging. In a letter to available for support, it can strain law firms in China, where he spe- friends at home, Daryl Scott illustrates some of the cultural divides she even the strongest relationships. Going for the Gold cializes in corporate mergers and and husband, Brinton Scott JD’95, must face. Although it’s difficult to absorb the acquisitions and foreign investments Brinton Scott JD’95 traditions of Chinese culture, it’s and represents a broad array of for- another apartment in the same Dear Friends, important to understand our differ- eign national corporations engaged building. We finished lease negotia- ences, embrace what we can learn in business activities in China. He’s We’re getting settled after the mov- tions with the new landlord, the from them and figure out how to also a founder and past president of ing experience from hell (or from movers came on Saturday and we China). We’re in our new apart- navigate our way through those dif- s a child growing up in his father’s advice, he chose China. Rotary Club of Shanghai and he reg- spent our first four days without ment, but not the apartment we ferences. Brinton and I have found the small town of Yuba When he returned to the Pacific ularly speaks at industry and cham- heat, telephones or email. originally signed a lease for. comfort in this foreign land by sup- City, Calif., Brinton Northwest to attend law school, ber events. He and his wife, Daryl, A This is why you haven’t heard from porting each other and by staying M. Scott JD’95 was fascinated Willamette University College of live in a new, high-rise apartment The real estate company prom- me for a while. This experience involved through work and expatri- by the antique, ornately carved Law’s China Summer Program drew – with heat and water – overlooking ised they would move the owner’s reminds me what our lives were ate and Chinese friends and associ- Chinese chests his great aunt and him to Salem. the Huangpu River. belongings out and get our keys by like when we first came to China ates. Over the years, we’ve devel- uncle brought back from China. He earned his law degree, passed Scott, who has survived both SARS mid-month. We chased after them in 1990. Back then, we lived in a oped a fondness for Shanghai and its He also loved the crowds and the both the California and Washington and riots in Beijing after the bomb- for two weeks trying to find out what small dormitory room on campus people. For us, it’s home. exotic sights and smells of San state bar exams and then set out ing of the Chinese Embassy in was going on and get the keys. with no heat. We had return airline Francisco’s Chinatown. Little did I must close as I have a golf date. I to find a job in China. “I set up 50 Yugoslavia, says he loves his life and Three days before we were supposed tickets, promising to take us back to he know these early influences will write soon. interviews in 30 days. I traveled from plans on staying in China long term. to move in, the landlord decided he our “normal lives” when our con- would lead him to a life in China. Seattle to Taipei to Hong Kong to “If you want to come to China, you would not remove his belongings or tract was up. Today, we carry foreign Love, Shanghai interviewing everywhere. have to be prepared to make sacrific- resident permits, we have our own Even as a freshman at Western hand over the keys unless we agreed, Daryl Washington University in I didn’t have experience so I didn’t es. But it’s exciting here. You never in writing, to store his stuff in one of apartment and consider any travel Bellingham, Wash., Scott was get any offers.” know what’s next.” the bedrooms. We could accept this from Shanghai, a trip “away from P.S. The picture is of Brinton and home.” me on the Bund in Shanghai. focused on China. “I did some – Bobbie Hasselbring arrangement or sue him. We opted to find another place At first, we had no idea how long Daryl and Brinton Scott JD’95 are enjoying their new apartment in to live. I frantically hired a differ- we’d stay in China. The concept Shanghai. ent real estate agent and we found of calling China home felt strange.

34 35 A Letter from China research and I thought Scott returned to Washington and But to move forward with our lives China was the place things met a Canadian immigration attor- we needed to commit ourselves to were going to happen,” he ney who wanted to open an office this place. It took a lot of courage to said recently over lunch at in Beijing. Two years later, he had make the leap, but once we did we M on the Bund, an upscale enough experience to land a job focused on our long-term goals with restaurant that looks out with a large law firm. At first, Scott more confidence. on Shanghai’s futuristic and his wife lived in a cramped room We didn’t make this decision lightly. cityscape. “So I took a with no insulation. “The place had The cultural differences in China gamble and started studying a single gas burner for cooking. The are profound. Many foreigners have Chinese.” heat and hot water ran only twice a difficulties breaching this cultural day and it was freezing outside. We’d After earning his bachelor’s divide and it can stress even the boil kettles of hot water and take degree, he was offered a job most seasoned expatriate. Even in really hot baths, then jump into bed at Boeing making $20,000 a cosmopolitan city like Shanghai, under a down comforter with just a year and a second job what appear to be straightforward our noses sticking out to stay warm. teaching English in China social or professional transactions It was rough. I kept telling Daryl, for $200 a month. Against can become exercises in patience don’t worry, it’s going to work out.” and determination. Without a big Today, he’s a senior associate at network of family and friends readily Herbert Smith, one of the largest Living as an ex-pat in a country like China is challenging. In a letter to available for support, it can strain law firms in China, where he spe- friends at home, Daryl Scott illustrates some of the cultural divides she even the strongest relationships. Going for the Gold cializes in corporate mergers and and husband, Brinton Scott JD’95, must face. Although it’s difficult to absorb the acquisitions and foreign investments Brinton Scott JD’95 traditions of Chinese culture, it’s and represents a broad array of for- another apartment in the same Dear Friends, important to understand our differ- eign national corporations engaged building. We finished lease negotia- ences, embrace what we can learn in business activities in China. He’s We’re getting settled after the mov- tions with the new landlord, the from them and figure out how to also a founder and past president of ing experience from hell (or from movers came on Saturday and we China). We’re in our new apart- navigate our way through those dif- s a child growing up in his father’s advice, he chose China. Rotary Club of Shanghai and he reg- spent our first four days without ment, but not the apartment we ferences. Brinton and I have found the small town of Yuba When he returned to the Pacific ularly speaks at industry and cham- heat, telephones or email. originally signed a lease for. comfort in this foreign land by sup- City, Calif., Brinton Northwest to attend law school, ber events. He and his wife, Daryl, A This is why you haven’t heard from porting each other and by staying M. Scott JD’95 was fascinated Willamette University College of live in a new, high-rise apartment The real estate company prom- me for a while. This experience involved through work and expatri- by the antique, ornately carved Law’s China Summer Program drew – with heat and water – overlooking ised they would move the owner’s reminds me what our lives were ate and Chinese friends and associ- Chinese chests his great aunt and him to Salem. the Huangpu River. belongings out and get our keys by like when we first came to China ates. Over the years, we’ve devel- uncle brought back from China. He earned his law degree, passed Scott, who has survived both SARS mid-month. We chased after them in 1990. Back then, we lived in a oped a fondness for Shanghai and its He also loved the crowds and the both the California and Washington and riots in Beijing after the bomb- for two weeks trying to find out what small dormitory room on campus people. For us, it’s home. exotic sights and smells of San state bar exams and then set out ing of the Chinese Embassy in was going on and get the keys. with no heat. We had return airline Francisco’s Chinatown. Little did I must close as I have a golf date. I to find a job in China. “I set up 50 Yugoslavia, says he loves his life and Three days before we were supposed tickets, promising to take us back to he know these early influences will write soon. interviews in 30 days. I traveled from plans on staying in China long term. to move in, the landlord decided he our “normal lives” when our con- would lead him to a life in China. Seattle to Taipei to Hong Kong to “If you want to come to China, you would not remove his belongings or tract was up. Today, we carry foreign Love, Shanghai interviewing everywhere. have to be prepared to make sacrific- resident permits, we have our own Even as a freshman at Western hand over the keys unless we agreed, Daryl Washington University in I didn’t have experience so I didn’t es. But it’s exciting here. You never in writing, to store his stuff in one of apartment and consider any travel Bellingham, Wash., Scott was get any offers.” know what’s next.” the bedrooms. We could accept this from Shanghai, a trip “away from P.S. The picture is of Brinton and home.” me on the Bund in Shanghai. focused on China. “I did some – Bobbie Hasselbring arrangement or sue him. We opted to find another place At first, we had no idea how long Daryl and Brinton Scott JD’95 are enjoying their new apartment in to live. I frantically hired a differ- we’d stay in China. The concept Shanghai. ent real estate agent and we found of calling China home felt strange.

34 35 An Alumnus Reflects on a Decade in China After the summer program in China, astounding pace. Twenty percent of it can be applied. In China, litiga- I became extremely dismayed in my the world’s building cranes domi- tion for foreign parties remains an second semester with law school. nated the Shanghai skyline. unpredictable means of resolving I’d been greatly impacted by China breaches of contract. It’s paramount I quickly discovered that working as and felt restless. I approached the to have solid contracts in China, but an attorney in China is a challenge. Like most kids growing up in Middle America, I thought China was some mysterious place late Professor Carlton Snow with it’s equally important to maintain Foreign lawyers are not permitted on the other side of the world. At seven, I believed if I dug deep enough in our backyard, I’d the idea of taking a year off to live leverage and control in the form to formally practice law in China. end up in China. Little did I know, I’d spend 10 years living and working in Greater China. in China and learn the language and of capital and technology that will They are allowed to provide “legal then return for my third year in law school. Snow, an amazing listener fter completing my first and supporter, listened intently and “On Thanksgiving Day 1994, I arrived in Shanghai. year at WUCL, I arrived asked several questions. Then he I wondered, “What the heck am I doing here?” A in Shanghai in June 1991 leaned forward and said, “Fantastic with 30 other law students to attend idea, Mr. Grossman, but if you go to – Brian Grossman JD’93 Willamette’s China Summer Program that strange and wonderful land, you at East China University of Politics will never return to finish law school. and Law. At this time, Shanghai was Finish what you start. That includes consulting services.” Practicing law be brought in by the foreign party. raw. During “mei yu jie” (summer graduating from law school and pass- in China means providing formal China may, in fact, need lawyers rainy season), the streets filled with ing a bar. Then chase your dreams.” legal written opinions and litiga- more than the U.S. sewage and thousands of bicyclists tion. Thus, all work we provide to I did. He was right. While I lived in China, my parents wearing multi-colored ponchos. There Western clients contains the dis- visited me twice. After a week of were few cars, buses or taxis. You claimer: “This work product is not Early Days in China travel in China, my father com- could buy a bottle of warm beer for a to be considered a legal opinion, mented that coming to China wasn’t nickel. There was no air-condition- On Thanksgiving Day 1994, I arrived but rather general consulting advice a vacation, but rather an educa- ing in private homes or in our dorms. in Shanghai. I had completed a year based upon our knowledge of doing tion all Americans should receive! On hot evenings, people slept in their in Taipei, Taiwan, studying Mandarin business in China. In the event you Together we took a cruise down the underwear or pajamas on cots laid out Chinese and working for an American need formal legal advice, you must Yangtze River, which has since been on the sidewalks. Besides tiny, individ- law firm. At Shanghai Hongqiao retain a PRC-licensed attorney.” dammed for hydroelectric power. We ual shops, there was no private sector. Airport, the sky was gray. I wondered, During my first year in Shanghai, I got off the boat and explored several The economy rested on inefficient, “What the heck am I doing here?” state-run companies and sparse foreign spoke to a delegation of American small villages. The villagers we met investment, which had all but evapo- My job was to get a Shanghai law business executives on a trade were part of the one million peasants rated since the Tiananmen Square office up and running for my employ- mission. After my presentation, a that the big dam has since displaced. incident two years earlier. er. I barely had utilitarian Chinese gentleman asked, “If there’s no rule We truly got a glimpse of “old language ability. I had limited knowl- of law in China, why are you here?” China,” with all of its Third World During this time, Western influences edge of Chinese law and not a single I told him that many multinational conditions. My parents ended their were hard to find. As American stu- client. It became a classic case of “chi companies were investing in China trip in Shanghai, the new, glitzy city dents, we weren’t allowed to socialize tsu” or eat vinegar, the Chinese equiv- and that the rule of law and, more of soaring skyscrapers that has been with Chinese students. When we alent of eating humble pie. Over time, importantly, the advent of contracts called the Pearl of the Orient, the snuck out in the evenings in search of we put together a team and secured controlling commercial relationships Paris of the East and the New York nightlife, there was none to be found. clients one at a time. in China were increasingly gaining of China. The trip had become a At the Portman Ritz Carlton, the first force and validity. Unlike in the journey into China’s past and into five-star hotel in Shanghai, rooms cost Shanghai had changed dramatically U.S. where the contract is king, in its future. since I’d been there three years ear- $30 a night, but they operated at only China contracts serve as checks and lier. The city was undergoing a mas- five percent occupancy. On the Fourth balances for a continuing relation- sive transformation. Highways and of July, only 50 Americans showed up ship and ongoing negotiations. In skyscrapers were being built at an (Continued on page 41) at the U.S. Consulate to celebrate. the U.S., litigation or the threat of

36 37 An Alumnus Reflects on a Decade in China After the summer program in China, astounding pace. Twenty percent of it can be applied. In China, litiga- I became extremely dismayed in my the world’s building cranes domi- tion for foreign parties remains an second semester with law school. nated the Shanghai skyline. unpredictable means of resolving I’d been greatly impacted by China breaches of contract. It’s paramount I quickly discovered that working as and felt restless. I approached the to have solid contracts in China, but an attorney in China is a challenge. Like most kids growing up in Middle America, I thought China was some mysterious place late Professor Carlton Snow with it’s equally important to maintain Foreign lawyers are not permitted on the other side of the world. At seven, I believed if I dug deep enough in our backyard, I’d the idea of taking a year off to live leverage and control in the form to formally practice law in China. end up in China. Little did I know, I’d spend 10 years living and working in Greater China. in China and learn the language and of capital and technology that will They are allowed to provide “legal then return for my third year in law school. Snow, an amazing listener fter completing my first and supporter, listened intently and “On Thanksgiving Day 1994, I arrived in Shanghai. year at WUCL, I arrived asked several questions. Then he I wondered, “What the heck am I doing here?” A in Shanghai in June 1991 leaned forward and said, “Fantastic with 30 other law students to attend idea, Mr. Grossman, but if you go to – Brian Grossman JD’93 Willamette’s China Summer Program that strange and wonderful land, you at East China University of Politics will never return to finish law school. and Law. At this time, Shanghai was Finish what you start. That includes consulting services.” Practicing law be brought in by the foreign party. raw. During “mei yu jie” (summer graduating from law school and pass- in China means providing formal China may, in fact, need lawyers rainy season), the streets filled with ing a bar. Then chase your dreams.” legal written opinions and litiga- more than the U.S. sewage and thousands of bicyclists tion. Thus, all work we provide to I did. He was right. While I lived in China, my parents wearing multi-colored ponchos. There Western clients contains the dis- visited me twice. After a week of were few cars, buses or taxis. You claimer: “This work product is not Early Days in China travel in China, my father com- could buy a bottle of warm beer for a to be considered a legal opinion, mented that coming to China wasn’t nickel. There was no air-condition- On Thanksgiving Day 1994, I arrived but rather general consulting advice a vacation, but rather an educa- ing in private homes or in our dorms. in Shanghai. I had completed a year based upon our knowledge of doing tion all Americans should receive! On hot evenings, people slept in their in Taipei, Taiwan, studying Mandarin business in China. In the event you Together we took a cruise down the underwear or pajamas on cots laid out Chinese and working for an American need formal legal advice, you must Yangtze River, which has since been on the sidewalks. Besides tiny, individ- law firm. At Shanghai Hongqiao retain a PRC-licensed attorney.” dammed for hydroelectric power. We ual shops, there was no private sector. Airport, the sky was gray. I wondered, During my first year in Shanghai, I got off the boat and explored several The economy rested on inefficient, “What the heck am I doing here?” state-run companies and sparse foreign spoke to a delegation of American small villages. The villagers we met investment, which had all but evapo- My job was to get a Shanghai law business executives on a trade were part of the one million peasants rated since the Tiananmen Square office up and running for my employ- mission. After my presentation, a that the big dam has since displaced. incident two years earlier. er. I barely had utilitarian Chinese gentleman asked, “If there’s no rule We truly got a glimpse of “old language ability. I had limited knowl- of law in China, why are you here?” China,” with all of its Third World During this time, Western influences edge of Chinese law and not a single I told him that many multinational conditions. My parents ended their were hard to find. As American stu- client. It became a classic case of “chi companies were investing in China trip in Shanghai, the new, glitzy city dents, we weren’t allowed to socialize tsu” or eat vinegar, the Chinese equiv- and that the rule of law and, more of soaring skyscrapers that has been with Chinese students. When we alent of eating humble pie. Over time, importantly, the advent of contracts called the Pearl of the Orient, the snuck out in the evenings in search of we put together a team and secured controlling commercial relationships Paris of the East and the New York nightlife, there was none to be found. clients one at a time. in China were increasingly gaining of China. The trip had become a At the Portman Ritz Carlton, the first force and validity. Unlike in the journey into China’s past and into five-star hotel in Shanghai, rooms cost Shanghai had changed dramatically U.S. where the contract is king, in its future. since I’d been there three years ear- $30 a night, but they operated at only China contracts serve as checks and lier. The city was undergoing a mas- five percent occupancy. On the Fourth balances for a continuing relation- sive transformation. Highways and of July, only 50 Americans showed up ship and ongoing negotiations. In skyscrapers were being built at an (Continued on page 41) at the U.S. Consulate to celebrate. the U.S., litigation or the threat of

36 37 What kind of background do I need? clerking for an overseas law firm even if you have It depends on what type of practice you want. to do it for free. Generally, a background in corporate/commer- Do I need to speak another language? cial is the most flexible for international work. While English is still the international language, Experience in banking, securities, capital mar- more companies and firms want their associates to kets, mergers and acquisitions and trademarks speak the language of their clients, especially in and trade issues is helpful. For public interest the Pacific Rim. “Being fluent is ideal, but being law, experience in human rights, criminal, envi- conversational still opens doors,” says Watkins. ronmental or civil law reform is good. Language mastery also demonstrates interest in What do employers look for? international affairs and other cultures, makes it “Employers do not want to spend a lot of easier to adapt to another culture and helps estab- money training you just to have you go back lish relationships with clients and new friends. home because you don’t like the new location, Language proficiency may make the difference Working abroad sounds exciting. The ques- food, culture or the environment,” says Eric between equally qualified candidates. tion is how to do it? Whether you want to Bozman JD’02, who is practicing law in Saipan. Bozman, who speaks fluent Mandarin, and Nti Demonstrate that you are flexible and com- work in an international private firm, a cor- Asare, who speaks fluent Swedish and is functional fortable with different cultures. Explore sum- in French, Spanish and Azerbaijani, say the need poration or government entity, the keys to mer/semester study abroad programs, clerkships for a second language depends on your particular with international tribunals and law firms and success are planning, flexibility and tenacity. job and the country you are in. Most overseas law- LL.M. programs from foreign law schools. After yers review documents with local counsel. “Even graduating from WUCL, Nancy Sharp Nti if you have someone to check your documents, it Asare JD’87, who has worked in a number of is really useful to be able to take clients to lunch countries and is now teaching at the University without a translator,” says Bozman. risten Harris JD’94 and her husband, Jeffrey Watkins JD’95, demonstrated all three of Wyoming, studied in Shanghai, China, and in their quest for international careers. They zeroed in on opportunities in the obtained an LL.M. in Sweden in international comparative taxation. Pacific Rim, but had no contacts or language skills. So, the first step involved sending Harris to Beijing for six months to study Mandarin Chinese. After securing her While studying at WUCL, Harris and Bozman took advantage of Willamette’s China Summer language certificate, she mailed out hundreds of resumes and made two trips back Participate in study abroad or graduate Program; Watkins studied abroad in Austria. fellowship programs. Kto Asia before finding a job in Taipei, Taiwan. Once in Taipei, Watkins taught English and studied Bozman has certificates in both Chinese and Learn another language. Chinese before being hired at Baker & McKenzie, the largest international firm in the world. Japanese law. “My study abroad demonstrated to employers my commitment to Asia,” he says. Focus on a particular geographic area. “It took 18 months and cost us in lost income, money for language study and deferred student loans,” Live where you want to work. says Watkins. “In exchange, we get adventure and job opportunities we couldn’t get in Oregon.” Harris agrees, “The fact that I attended the WUCL program impressed my first boss enough Network, network, network. Talk to to get me the job.” Harris also recommends everyone, including classmates and alumni who live and work in parts of the world you’re interested in. What kind of background do I need? clerking for an overseas law firm even if you have It depends on what type of practice you want. to do it for free. Generally, a background in corporate/commer- Do I need to speak another language? cial is the most flexible for international work. While English is still the international language, Experience in banking, securities, capital mar- more companies and firms want their associates to kets, mergers and acquisitions and trademarks speak the language of their clients, especially in and trade issues is helpful. For public interest the Pacific Rim. “Being fluent is ideal, but being law, experience in human rights, criminal, envi- conversational still opens doors,” says Watkins. ronmental or civil law reform is good. Language mastery also demonstrates interest in What do employers look for? international affairs and other cultures, makes it “Employers do not want to spend a lot of easier to adapt to another culture and helps estab- money training you just to have you go back lish relationships with clients and new friends. home because you don’t like the new location, Language proficiency may make the difference Working abroad sounds exciting. The ques- food, culture or the environment,” says Eric between equally qualified candidates. tion is how to do it? Whether you want to Bozman JD’02, who is practicing law in Saipan. Bozman, who speaks fluent Mandarin, and Nti Demonstrate that you are flexible and com- work in an international private firm, a cor- Asare, who speaks fluent Swedish and is functional fortable with different cultures. Explore sum- in French, Spanish and Azerbaijani, say the need poration or government entity, the keys to mer/semester study abroad programs, clerkships for a second language depends on your particular with international tribunals and law firms and success are planning, flexibility and tenacity. job and the country you are in. Most overseas law- LL.M. programs from foreign law schools. After yers review documents with local counsel. “Even graduating from WUCL, Nancy Sharp Nti if you have someone to check your documents, it Asare JD’87, who has worked in a number of is really useful to be able to take clients to lunch countries and is now teaching at the University without a translator,” says Bozman. risten Harris JD’94 and her husband, Jeffrey Watkins JD’95, demonstrated all three of Wyoming, studied in Shanghai, China, and in their quest for international careers. They zeroed in on opportunities in the obtained an LL.M. in Sweden in international comparative taxation. Pacific Rim, but had no contacts or language skills. So, the first step involved sending Harris to Beijing for six months to study Mandarin Chinese. After securing her While studying at WUCL, Harris and Bozman took advantage of Willamette’s China Summer language certificate, she mailed out hundreds of resumes and made two trips back Participate in study abroad or graduate Program; Watkins studied abroad in Austria. fellowship programs. Kto Asia before finding a job in Taipei, Taiwan. Once in Taipei, Watkins taught English and studied Bozman has certificates in both Chinese and Learn another language. Chinese before being hired at Baker & McKenzie, the largest international firm in the world. Japanese law. “My study abroad demonstrated to employers my commitment to Asia,” he says. Focus on a particular geographic area. “It took 18 months and cost us in lost income, money for language study and deferred student loans,” Live where you want to work. says Watkins. “In exchange, we get adventure and job opportunities we couldn’t get in Oregon.” Harris agrees, “The fact that I attended the WUCL program impressed my first boss enough Network, network, network. Talk to to get me the job.” Harris also recommends everyone, including classmates and alumni who live and work in parts of the world you’re interested in. (Continued from page 37) WORLD WIDE JOBS

During my parents’ second visit to www.icclaw.com Shanghai in 1999, NATO forces The International Center for Commercial Law’s website is a great place to start your bombed the Chinese Embassy in international job search. They provide an overview of countries all over the world Belgrade. The U.S. government and profile and recommend law firms. claimed it was an accident; the www.asianlegalonline.com/asia/header.cfm Chinese claimed it was intentional. This website for the magazine, Asian Legal Business, offers job listings in Asia, Rumors flew. The U.S. Consulate in Australia and other international locales. Chengdu was burned to the ground. www.mhaglobal.com The U.S. Embassy in Beijing was The website for Major, Hagen and Africa legal search firm offers excellent articles attacked with Molotov cocktails. on job search. There were massive demonstrations at the U.S. Consulate in Shanghai. www.taylorroot.com Taylor Root is an international legal placement firm. Their website also offers tips on It was not a good time to be an CVs and job search. American in China. It was certainly not a good time to have parents www.icnl.org visiting. Needless to say, we were ism. Only a few years ago, typical old college try. It wasn’t bad. On The International Center for Non-Profit Law website is a great source of research all relieved when my parents’ plane Chinese were saving up for an air the way out the door, the colleague tools for not-for-profit law. landed at the Hong Kong Airport. conditioner, TV and refrigerator. who ordered the dish pointed to the Now they are buying homes, cars, tanks of live frogs, fish, turtles, etc. surfing the Internet and saving up Apparently, we’d sampled “lacoste,” China Today for a vacation to Disney World in Chinese crocodile. Do I have to live abroad to find a job? can also be brutally honest. “They make their money Orlando. Ideally, yes, but it’s not required. Living where you by placing candidates, so they tell people straight up if Much international media atten- After 10 years in China, I’ve come want to work makes it easier to network to find jobs. they are qualified or not,” Harris says. tion focuses on human rights abuses On a lighter note, I am constantly home, leaving behind a fascinating Harris and Watkins both found second international in China. People often ask me, is it asked about the food in China. In country that’s changing at an incred- Ads in the Chronicle of Higher Education got Nti Asare jobs in Singapore through their networking contacts true? In a word, yes. However, ask the early days, there was limited ibly rapid pace. For the first time in teaching jobs in the Arab Emirates and Mexico. in Taipei. Bozman, who sent out 500 letters to find most Chinese about human rights Western food. The rule of thumb a hundred years, there is stability in Networking got Nti Asare a job in Estonia and her his first job in Asia, has only been in his new job for a and you’ll find they’re more con- was if it was thoroughly cooked I’d China. They’re developing a middle husband a job in the Arab Emirates. year, but has already had several job offers. cerned with improving their quality try it! I’ve enjoyed sparrow, snake, class with sustainable wealth like Don’t expect your first overseas job to pay a great deal. of life than with issues like universal scorpion and pig’s brain. Once, in Europe and North America. The Where are most international law jobs these days? It will get your foot in the door and the perks can be suffrage or free speech. while trying to close an impor- one-child policy has been abolished. Asia is hot. “Hong Kong is probably the leading city well worth it. As Watkins says, “Living and practicing tant deal in a backwater town in China is now playing a major role in for lawyers, although Shanghai is catching up as the China’s political climate is also inter- law abroad has given me the opportunity to travel to Zhejiang Province, I was treated to global diplomacy. The advancements regional hub for North Asia,” says Watkins. esting. Although the Communist nine countries, meet countless fascinating people, see “drunken shrimp.” Fortunately, I’d they’ll make in the next decade are Party is China’s only political party, Brussels is becoming the Washington, D.C. of Europe incredible sights and eat delicious foods.” had a few glasses of the local “bai unfathomable. In 2008, China will it would be difficult today to find with private law firms and public interest organiza- jiu” (Chinese white lightening) host the Olympics. It’s apt recogni- – Phylis Myles many Chinese nationals who believe tions. Eastern Europe is looking for lawyers to help beforehand. A dish with small, live tion for a country and its people that in ideological Communism. The reform old law systems. London and Madrid both shrimp drunkenly flipping back and have come so far, so fast. media calls China a “socialist mar- attract U.S. corporations. forth in bai jiu was placed on the ket economy,” which better reflects – Brian Grossman JD’93 table. They were to be plucked out Where should I look? reality. Over the past 10 years, the and eaten with chopsticks. Another Recruiter websites are good sources of information and Phylis Myles is WUCL’s Chinese government has consoli- time, while dining with colleagues they are often open to email correspondence. They Director of Career Services. dated or shut down state-run com- Brian Grossman is the in south China, a mystery meat panies and passed laws to encourage CEO and president of appeared on the table. After being the development of a private sector. Talking Knowledge, Inc. assured it wasn’t dog, I gave it the Some even dare to call it capital- in San Francisco.

41 (Continued from page 37) WORLD WIDE JOBS

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market reputation. Daniel is an senior assistant attorney general and Dawn M. (Collinsworth) Germain 19 50s attorney with the Tonkon Torp the lead attorney in death penalty JD’95 is an attorney for the USDA usan M. Hammer JD’76 has been law firm. appeals cases. Office of the General Counsel in S selected by her peers to appear in the Juneau, Alaska representing the 2005 edition of The Best Lawyers in America Ross B. Fortner LLB’58, of Forest Service. Portland, Ore., has been awarded a in the area of alternative dispute resolu- 19 80s 19 90s consumer scholarship to attend the Julia Peters BS’92, JD’96 of tion. The Best Lawyers lists, representing 30 2004 Alternatives Conference in Santa Fe, N.M., has been named a specialties in all 50 states and Washington, Denver, Colo. This conference is the Daniel J. Hill JD’86, of Hermiston, John J. Tiemessen JD/C’91, of shareholder at the law firm of Sutin D.C., are compiled through a confiden- premier meeting of mental health Ore., was elected to the Circuit Fairbanks, Alaska, has been elected Thayer & Browne PC. tial peer-review survey. More than 900,000 individual votes were consumers and survivors coming Court for Umatilla and Morrow treasurer of the Alaska State Bar cast in compiling the new edition. Hammer is also a long-time from every state in the country. Counties (6th Association Board of Governors. David J. Zehntbauer JD/MBA’96, Willamette trustee. Judicial District) in John and his wife, Michelle L. of Portland, Ore., has joined Dunn, the 2004 primary McComb JD/C’89, live and practice Carney, Allen, Higgins & Tongue Dean Symeon Symeonides said of Hammer’s honor, “This is a 19 election. Hill is also in Fairbanks with their two children, as of counsel to support its real estate 60s belated recognition of Susan’s outstanding talents.” a U.S. Army Judge golden retrievers, cats, chickens and and land-use practice. David will Advocate, with active duty experi- ducks. focus on real estate as well as corpo- Allen B. deSchweinitz JD’67, of ence from 1987 to 1990, and contin- rate law. in the firm’s litigation department. Matthew M. Fisher BS’93, JD’03 Klamath Falls, Ore. has been certi- ues to serves as a judge advocate in Sharon K. (O’Reilly) Heth His practice will focus on complex of Portland, Ore., was commissioned fied as a member of the Million the Oregon Army National Guard as JD’93, of Portland, Ore., has been Heather J. Van Meter JD/MBA’98 commercial litigation and appellate as a first lieutenant in the JAG Corp Dollar Advocates Forum. The a Lieutenant Colonel. Judge Hill was named vice president, Charitable of Portland, Ore., has joined the firm practice, with emphasis on busi- for the U.S. Army Reserve. He will Million Dollar Advocates Forum is sworn in Jan. 3 to occupy position 3 Services, for Allen Trust Company. of Williams Kastner & Gibbs, PLLC. ness torts, real estate and corporate serve the 104th Division based in recognized as the most prestigious of the Circuit Court in Pendleton. Her responsibilities at Allen Trust Her practice will focus on defending finance. Vancouver, Wash. Matthew says this group of trial lawyers in the United include assisting nonprofit organi- products liability, drug and medical position is an interesting alterna- States. Membership is limited to Kathleen M. Cegla JD’89 of Salem zations, their donors and advisors device and catastrophic injury cases. Kevin A. Vaillancourt JD’01 of tive to his full-time job as a workers’ attorneys who have won million and received the Appellate Advocacy regarding the various charitable Heather will also be handling some Arlington, Va., has been appointed compensation defense litigator. multi-million dollar verdicts, awards Award from the Association of management services offered by the commercial litigation. to the Foreign Service as a political and settlements. Government Attorneys for her company. officer in the U.S. Department of Reid S. Okimoto JD’03 of Seattle, work on capital punishment cases. Mark T. Heine JD’99 of State. In December, he will assume Wash., has published his first article Daniel H. Skerritt BA’65, JD’68, Cegla received the award during the Dan Grinfas JD/C’94 of Salem has Bellingham, Wash., has joined the his first foreign post as a vice-con- “The Proposed Streamlined Sales of Portland, Ore., has been included organization’s annual conference joined Stoel Rives LLP in the firm’s firm of Adelstein Sharpe & Serka in sul at the U.S. Embassy in Bogota, and Use Tax Act: Inadequate as in the Chambers USA America’s in August. She has worked for the Labor and Employment section. He Bellingham, Wash. He will focus on Columbia. Applied to Electronic Commerce.” Leading Lawyers for Business – 2004 Department of Justice since her grad- will counsel employers and conduct employment law and civil litigation His article appeared in the Edition. The guide ranks individual uation from Willamette’s College management and employee training and will advise clients in the areas Ryan York BS’97, JD’01 and Heidi September issue of the Journal attorneys and firms according to of Law in 1989 and is currently a in employment-related areas. of creditor rights and taxation. Mark M. York JD’01 recently moved to of Multistate Tax and Incentives is also currently working on an LLM Denver, Colo. Ryan joined the firm (WG&L). in taxation from the University of of Davis Graham & Stubbs and lizabeth S. Harchenko BS’72, JD’76, Salem, director of Oregon’s Department Washington. Heidi joined Ballard Spahr Andrews Laurence “Erick” Walker JD’03 of Eof Revenue, has received a national award for her work related to interstate tax & Ingersoll. Tacoma, Wash., recently joined the cooperation. The award, the Wade Anderson Memorial Medal for Leadership in City of Tacoma’s Prosecutor’s Office. Interstate Tax Cooperation, is given by the Washington, D.C.-based Federation of Tax 20 00s Catherine E. Pruett JD’02 of Seattle, Wash., has joined the firm Dennis E. Koho JD’04 of Salem Administrators and Multistate Tax Commission. of Gordon & Polscer. has joined the firm of Wallace W. Jeffry S. Garrett Harchenko is the first recipient of the award, which will be given annually to someone Lien P.C. as an associate attorney. JD’00 of Portland, Marie P. Evans JD’03, of who exemplifies a strong commitment to interstate cooperation to promote fairness, simplicity and consis- His practice will focus on land use, Ore., has joined the Anchorage, Alaska, has joined the municipal and administrative law. tency in state tax administration. Harchenko has served as department director since 1997 and is in charge firm of Lane Powell firm of Manley & Brautigam, P.C., as of 1,000 employees and a $135 million budget. She also serves on the Law School’s Board of Visitors. Spears Lubersky an associate attorney. LLP as an associate

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Amy K. LeFore JD’04 of Salem has To Troy A. Biddle JD’98 and wife China ... exotic, mysterious, intriguing. With the fastest Guidelines joined Saalfeld Griggs P.C.’s estate- Amanda L. (Horn) Biddle JD’98 growing economy in the world, China offers exciting planning practice. Her practice will of Redondo Beach, Calif., a son, opportunities for international lawyers. focus on estate planning and trust Baden, born Sept. 12, 2004. administration. If you have information you would To Colin S. Ray JD/MBA/C’00 and like to submit for Class Action, Brian G. Moore JD’04 of Salem has wife Emiko Ima of Tokyo, Japan, a please send it to: joined Saalfeld Griggs P.C.’s real- daughter, Marina Claire, born Dec. Willamette University College of Law estate and land-use practice group. 2, 2004. Office of Alumni Relations His practice will focus on real-estate 245 Winter Street SE Salem, OR 97301 transactions and land-use applica- To Casey A. Wolf JD/MBA’04 tions and development. and wife Jennifer of Phoenix, Ariz., or email: illamette’s Summer Study in China Program, open to a son, Jackson Mitchell, born May [email protected] W alumni and law students, and the China Exchange 27, 2004. Please print or type all submis- Program can help you begin your international career. Willamette Marriages sions in the interest of accuracy. If also offers programs in Germany and Ecuador. Contact James something has been written about you in a newspaper or other publi- Nafziger, Director of International Programs for more information, Obituaries cation and you would like it to be email [email protected] or call 503-370-6408. Rudolph (Rudy) Michael Murgo included in the Willamette Lawyer JD’75 married Anita Lewis on Sept. Class Action as well, please submit 6, 2003. The couple now resides in Edmund G. Vinje JD’65 died July a copy with a note giving your Pendleton, Ore. 27, 2004, in Fargo, N.D., at age 64. permission. He is survived by his wife, Robyn, It is the practice of Class Action Nicole K. (Morgado) Case three daughters, one brother, four not to print pregnancy or engage- Letter to the editor JD/C’93 married Theodore John grandchildren and several nieces and ment announcements, nor can- didacies for political offices due Case on Aug. 9, 2003. The couple nephews. to the lag time between receiving Dear Editor, now resides in McLean, Va. such information and the publica- Robert J. Thorbeck JD’71 died tion dates. The Willamette Lawyer Your Fall 2004 issue of the Willamette Lawyer, dedicated to the wonderful accomplishments of WUCL alums from the great state Dawn M. (Collingsworth) Germain Sept. 18, 2004, in Salem, at age 62. reserves the right to edit or omit any information submitted. of Alaska, was simply fabulous! As the years pass, any opportunity to read of the good deeds of dedicated attorneys and public JD’95 married Tom Germain on July He is survived by his wife, Kathleen, servants who “walked the halls” with me at WUCL from 1983-86 warms my heart and allows me to take pride in their accom- 3, 2004. The couple now resides in one son, one step-son, one sister, two We welcome photographs for pos- plishments. Whether they remember me or not, I knew Lisa Murkowski JD’85 and Joe ’85 and Nancy Shierhorn ’86 were special Juneau, Alaska. brothers and his father. sible use, depending on space and photograph quality. Please send a people. Even then, long before their collective accomplishments brought them recognition and greatness, each was grounded, real, self-addressed, stamped envelope if genuine and loyal – not always the traits of everyday attorneys, but certainly evident in WUCL alums! I’m proud to have known Joseph D. Robertson BA’71, JD’74 you would like your photo returned. Family Additions died Aug.16, 2004, in Redmond, them during my years at WUCL and even prouder now. Their accomplishments allow me to point to their pictures and their sto- KEY Wash., at age 59. He is survived by JD = Doctor of Jurisprudence ries and say with pride, “I know these people. I went to law school with them.” Their fine work over the years allows me to feel his wife, Susan, two sons, one daugh- LLB = Bachelor of Law (equivalent of JD) good about them, feel great about WUCL and lets me fondly remember my years in the Pacific Northwest. To James E. Horne JD’81 and ter-in-law and two grandchildren. LLM = Master of Law wife Haidee Bristol-Horne of MM = Master of Management, Master of Bravo, Willamette Lawyer, for great stories about the great WUCL alums from the state of Alaska. Now, why not consider doing an Administration Sammamish, Wash., a son, Spencer, MBA = Master of Business Administration issue on the wonderfully accomplished WUCL alums of my home state? born Oct. 7, 2004. H = Honorary Degree C = Certificate in Dispute Resolution, P. Gregory “Greg” Frey JD’86 International and Comparative Law, Coats and Frey To Le Ann Shill Larson JD’95 Law and Government or Law and and husband Robin Larson of Business Honolulu, Hawaii Vancouver, Wash., a son, Adam BA = Bachelor of Arts BS = Bachelor of Science Joseph, born April 1, 2004. He joins BM = Bachelor of Music Editor responds – Thanks for your kind words. The last two issues of Willamette big brother Jack. Lawyer have won a Bronze Award in the Council for Advancement and Support of Education (CASE) competition in the Best Magazine 5,000-20,000-circulation catego- ry. The photo of Sen. Lisa Murkoswki JD’85, featured on the cover of the magazine’s Alaska issue, won a Bronze Award for photography.

As for a Hawaii issue, we’re waxing our surfboards!

44 45 Spring 2005 AWAKEN YOUR INNER DRAGON CLASS ACTION

As for a Hawaii issue, we’re waxing our surfboards!

44 45 Spring 2005

IN THE STACKS Phylis Myles Director of Career Services

Carolyn Dennis Lex Roman and the Director of Law Admission Common Law Mike Bennett Director of Development and Different legal systems are part of the international law scene. Here, Alumni Relations our law library experts give us insights into Roman civil law. College of Law ulius Caesar landed on the south coast of the have no dependency upon any forreine law whatever, British Isles in 55 B.C. and when the Romans no, not upon the Civil or Canon law other than in Jpacked up their chariots and withdrew in 410 cases allowed by the Laws of England ....” Interestingly Need staff? A.D., their lasting monument was not a discernible enough, Coke often cited Bracton in the Institutes. Willamette’s Career Services Center can find you legal system, but Emperor Hadrian’s Wall extend- the right employee or clerk. Call Phylis Myles at For further enlightenment on this fascinating topic we ing across northern England. The great legal codes of 503-370-6057 or email [email protected]. are indebted to J. Richard Munz, Associate Librarian the Roman Emperors Theodosius and Justinian were at Western Baptist College, for a very rare first edition Know a student? compiled later in 438 and 533 respectively and only of De Usu et Authoritate Juris Civilis Romanorum, in Refer potential students to Willamette College became known to English jurists at Oxford during the Dominis Principum Christianorum, written by Sir Arthur of Law. Call Carolyn Dennis at 503-370-6189 or 12th century when acceptance of Roman civil law Duck (1580-1648). email [email protected]. spread throughout Europe. In the words of Charles P. Sherman, author of Roman Got some news? Henricus de Bracton’s monumental work in the Law in the Modern World, “The brilliant and scholarly Let your friends and former classmates know the 13th century setting out English law provoked noted Arthur Duck, who was educated at Oxford where he latest about you. Call Mike Bennet at English jurist and historian Sir Henry Maine in the received his law doctorate, was a product of a 16th 503-370-6761 or email [email protected]. 19th century to comment that it is “one of the most century English revival of Roman law; and he has hopeless enigmas in the history of jurisprudence that attained lasting memory by his comprehensive treatise an English writer at the time of Henry III should have on the use and authority of Roman Law in modern been able to put off on his countrymen as a com- cut along dotted line states ...” Very little else is known about Sir Arthur pendium of pure English law, a treatise of which the Duck. He was a royalist during the Great Rebellion entire form and a third of the contents were directly Be Sworn in at the U.S. Supreme Court (English civil wars of 1642-1651) and lamented the borrowed from the Corpus Juris.” One wonders if plight of civil lawyers whom the common lawyers Sir Henry was aware that even the oft-quoted com- Join your fellow Willamette University College of Law alumni on a trip to Washington, criticized “for pursuing the useless learning of foreign mon law maxim that “[A]n Englishman’s house is D.C. where up to 15 WU alumni attorneys can be sworn in at the U.S. Supreme Court. laws, …” his castle”, arguably may be traced back to Emperor Date: November 1, 2005 Justinian’s Code wherein even a summons was not Sir Arthur’s manuscript was printed in 1654 by the TripTrip will include side trips and a special insider’insider’ss tour of the Supreme CourCourtt by tthehe Clerk of the CourCourt.t. allowed to be served on a man in his own home. influential Dutch printing house of Elzevir in Leiden TravelTravel arrangements, activities, schedule and cost are being organized nownow.. A dedetailedtailed mailing ttoo followfollow.. which, incidentally, was destroyed by a powder explo- Sir Edward Coke, 16th century lawyer, judge and sion in the early 1800s. The text is in Latin and Let us know if you are interested in learning more about this trip by emailing [email protected],[email protected], or ccompletingompleting politician wrote in the 2nd volume of his Institutes an English translation was published in 1724 as an the information below and sending it to: College of LawLaw,, WWillametteillamette UUniversity,niversity, 245 WWinterinter St. SE., Salem, OORR 97301. of the Laws of England, “our common laws are aptly addendum to Claude Joseph de Ferriere’s History of the and properly called the laws of England ... and [they] Roman or Civil Law. Name(s): WU Law Classs Year: Address: Phone: W H

Email:

46 Spring 2005

IN THE STACKS Phylis Myles Director of Career Services

Email:

46 Carlton Snow 1939-2004

nonprofit org us postage W paid willamette salem or the first university in the west permit no. 152 willamette university college of law 245 winter street se salem, or 97301

change service requested