UC Hastings (Fall 2013) Hastings College of the Law Alumni Association

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Fall 2013 UC Hastings (Fall 2013) Hastings College of the Law Alumni Association

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This Magazine Issue is brought to you for free and open access by UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Alumni Publications by an authorized administrator of UC Hastings Scholarship Repository. UC HastingsUniversity of California College of the Law

Engaged Scholarship Resea rch conducted by the P rofessor Osagie K. Obasogie UC Hastings faculty HAS a direct impact on today’s legal landscape

Plus: • A tribute to the legendary 65 Club • UC Hastings’ deep ties to the American Law Institute • Generous support for student scholarships

FALL 2013

{ Contents }

Upfront

02 | From the Dean 04 | in brief News and notes from the UC Hastings community, 03 | Letters to the editor including new faculty leadership, honors and We welcome your thoughts and awards, fellowships, clerkships, and more. comments about UC Hastings magazine.

Departments

48V | AD ANCEMENT Generous alumni donors support student scholarships, the UC Hastings inaugural Honors Gala, class reunions, and giving campaigns.

52 | THEN AND NOW A look back at UC Hastings’ legendary 65 Club.

56 | student organizations There may be no greater honor for law students than to have their scholarship cited by judges across the country. Engaged Scholarship

HOW FACULTY RESEARCH impacts today’s changing legal landscape From informing the development of law to shaping new policies to leading the American Law Institute, UC Hastings professors have a broad and influential reach. This special section celebrates the faculty’s remarkable achievements. 10

“I thought, ‘My God, somebody’s listening,’” says Associate Dean for Research William S. Dodge.

34 Spup orting intellectual inquiry Two dedicated alumni 36 | Your Class Notes have made major What’s new with your UC Hastings contributions to support colleagues and classmates. faculty scholarship.

> [email protected] { FROM THE DEAN }

UC Hastings College of the Law

Chancellor & Dean | Frank H. Wu welcome Assistant Dean for Institutional Advancement | Shino Nomiya

Director of Communications & Public Dear Alumni and Friends, Affairs | Alex A. G. Shapiro

Professors write. To their students, their teaching is Editorial Director for visible every day. But even to their colleagues, their Communications & Public Affairs | Susan Kostal scholarship may not be well known. In this issue of UC Hastings magazine, we highlight the engaged Senior Communications Writer | Ami Dodson scholarship done here every day. We want our readers— Photography | Jim Block the alumni who support the faculty and our peers all Design and Production | DCP over the world—to learn about the ideas generated by our terrific professors, and how these influence decision- Board of Directors Marci Dragun ’86, Chair making well beyond the halls of academe. Carin T. Fujisaki ’85, Vice Chair Perhaps the most important factor in the reputation Donald Bradley ’68 of an institution of higher education is the quality of Tina Combs ’88 Maureen Corcoran ’79 faculty output. Through academic press books, law Thomas Gede ’81 review articles, treatises and casebooks, and other Claes H. Lewenhaupt ’89 publications that explain as well as advance law and Mary Noel Pepys ’78 Carl W. “Chip” Robertson Jr. ’98 policy, professors are responsible for the good name of a school. Bruce L. Simon ’80 The members of the storied 65 Club were famous before they even arrived on Sandra Thompson ’01 campus. Many of them wrote the leading texts in their fields. Some of them also had Contact Us written the model code, the state statutes, or the judicial decisions. Alumni Center Our current faculty members continue that tradition. Distinguished professors are University of California Hastings College of the Law the successors to the 65 Club. Many of our newest hires have earned both a JD and a 200 McAllister Street doctorate in another discipline. Molecular biologist Jeff Lefstin, who teaches patent San Francisco, CA 94102 law, made original scientific findings prior to his legal career. 415.565.4892 Under the guidance of Associate Dean for Research William S. Dodge, recently [email protected] appointed to the prestigious role of co-reporter of an American Law Institute www.uchastings.edu restatement, our faculty does work that matters. These pages showcase their Send changes of address to [email protected]. accomplishments. Please submit your class notes at [email protected]. Sincerely, UC Hastings is published by the University of California Hastings College of the Law. ©2013

Frank H. Wu Chancellor & Dean

2 FALL 2013 { letters to the editor }

• • Thanks so much for focusing on immigration reform in the most recent UC Hastings magazine. There’s no question that a diverse student body enriches the entire UC Hastings community. We can certainly learn more about our world from their stories. But as Harvey Milk taught us in a different context, knowing people with different backgrounds makes us more empathetic and less able to dismiss them as “other.” And that ability to empathize with others and see things from many perspectives is at the heart of good lawyering. Immigration reform is in fact a critical part of UC Hastings’ educational mission. – Tiela Chalmers ’86 Tiela Chalmers Consulting, San Francisco

• • I write to commend your promote success. Many have the world, with interesting and recent issue on immigration learned or adopted their “fall- diverse backgrounds, and with and encourage your continued back” style of negotiating from the keen interest in becoming discussion of immigration issues their parents or other family great negotiators. Many thanks generally, and their connection members. Part of the course is to the school and its generous to UC Hastings in particular. aimed at having students try out alumni for their support of these As an adjunct professor teach- new styles or modes of negoti- fantastically talented students. ing negotiation and settlement, ating. The differing styles that – Robert T. Fries I found the articles stimulating come from their experiences Carter, Carter, Fries & and relevant to the UC Hastings in their own communities are Grunschlag, San Francisco student/teacher experience. varied life examples of what Each spring, I teach a seminar academics try to teach. • • I enjoyed the focus on with 14 to 16 students. Over the More times than I can count, immigration and social justice in past eight years, I have noticed a I have had students remark on the spring 2013 issue, and was growing diversity of backgrounds, how interesting (and challeng- particularly struck by the story of nations of origin, and ethnic- ing) it was for them to interact Xochitl Carrion ’07, who was in ity of the students in my class. with someone with a style my class but overcame far more This past semester, for example, dramatically different from and dramatic challenges than I had ethnicities included African, often “stronger” than their own. to face. It’s wonderful that the Latin American, Iranian, Chinese, With such distinct differences in life of law allows these experi- Vietnamese, Korean, and Irish, cultural backgrounds, we have ences of personal struggle to among others. One year, there negotiations that come alive inform and shape our professional were three first-generation with stark contrasts, easy to see trajectories, making us stronger students fluent in Kurdish. and challenging to work with. advocates as well as stronger Why has this ethnic mix I have every expectation people. been important? Each stu- that UC Hastings will continue – Alex Coolman ’07 dent must learn to use tools to recruit and educate students Law Office of Alex Coolman, that enhance negotiation and from around the country and San Francisco

UC HASTINGS 3 “Giving back my time is important to me,” Palm says. “Knowing that I can make a difference in someone else’s life is what motivates me.” A New {Record for Pro Bono Service Rebecca Palm ’13 is honored for extraordinary work with Homeless Legal Services

he Bar Association of San urination and public drunkenness, Volunteerism has always been a T Francisco’s Justice & Diversity which often make it more difficult strong force in Palm’s life. “I volun- Center celebrated its many vol- to find employment or housing. teered in high school, while I was at unteers at its annual appreciation She took to the group quickly and UC Berkeley [where she earned her party recently. Among the honor- became its co-president during her bachelor’s degree in psychology, ees was Rebecca Palm ’13, who third year. sociology, and social welfare], and received the Community Service Palm considers her experience before I came to UC Hastings,” says Award for her exceptional pro with HLS valuable because she has Palm, who took the California bar bono work. “I feel very honored had the opportunity to work with exam in July. “I have always incor- and thankful for all of the support and befriend people from all walks porated volunteerism into my life in that I have received, and for being of life. some way.” After graduation, she recognized for the work I’ve done,” “I have interacted with a number returned to her job as a public ser- Palm says. She logged nearly 400 of very interesting people,” says vice aide in the real estate division pro bono hours, an all-time record Palm, “some struggling with mental of the San Francisco Public Utilities for student pro bono service at illness, drug/alcohol dependency, Commission. UC Hastings. abuse. Some were regulars, happy At the same time, Palm plans Palm began volunteering with customers, and others were less so.” on continuing to help others in any Homeless Legal Services (HLS) as a She also enjoys getting to know her way that she can. “Giving back my first-year law student, helping resi- clients personally, and learning the time is important to me,” Palm says. dents and others vacate warrants details of each of their cases so that “Knowing that I can make a differ- for minor quality-of-life citations she is able to connect with every ence in someone else’s life is what and infractions, such as public client on an individual level. motivates me.”

4ll Fa 2013 { in brief }

Banner Year for Clerkships

UC Hastings has a distinguished record of placing graduates in prestigious clerkships. This year, 10 members of the class of 2013 have secured judicial clerkships, joining the many alumni who have chosen this path to advance their careers. “At present, we have more than 40 graduates who are headed for clerkships or are currently clerking,” says Professor Lawyers for Rory Little, chair of the UC Hastings Clerkship Committee. “To have this many clerkships at one time puts us on par with America the top law schools in the country. I could not be prouder of our A pilot program leverages the students’ achievements.” medical model to help fill the justice gap • Matthew Cate is clerking for Judge Nannette Jolivette Lawyers for America, a unique program Brown of the U.S. District Court, Eastern District of Louisiana, recently launched at UC Hastings, is a in New Orleans. win-win-win proposition. “Our aims are to • Catherine Davidson is clerking for Justice Joel H. Bolger of improve the practical skills of new lawyers, expand the availability of legal services the Alaska Supreme Court, in Anchorage. for those who cannot afford lawyers, and • Le Duong is clerking for the Connecticut Superior Court, in increase the ability of government and New Haven. legal offices to render such services,” says Professor Marsha Cohen, who founded the • Alicia Jovais is clerking for Judge Mary M. Schroeder of the program with Professor David Faigman. U.S. Court of Appeals for the Ninth Circuit, in Phoenix. Lawyers for America offers a new model • Joshua Korr is clerking for Justice Paula A. Nakayama of the for legal education that is similar to the on- the-job training of medical students, Cohen Hawaii Supreme Court, in Honolulu, for a two-year term. explains. Students spend their third year of • Shannon Lankenau is clerking for Judge Larry R. Hicks of law school working at a sponsoring govern- the U.S. District Court, District of Nevada, in Reno. ment agency or nonprofit organization, and then return for a year, after a summer break • Christopher M. Petroni is clerking for Judge Michael W. to take the bar, to the same job site in a paid Mosman, U.S. District Court, District of Oregon, in Portland, fellowship position. and then for Judge Mary Murguia of the U.S. Court of Appeals One student selected for the inaugural five-member class will begin work this fall in for the Ninth Circuit, in Phoenix. the Contra Costa County Public Defender’s • Brooke Wangsgard is clerking for Judge Tena Campbell of Office. Four others will work in the Contra the U.S. District Court, District of Utah, in Salt Lake City. Costa County District Attorney’s Office, where they’ll train with Deputy District • Jessica Winter will clerk for Judge Jon S. Tigar of the Attorney Tom Kensok ’87. U.S. District Court, Northern District of California, in San Cohen hopes other UC Hastings alumni Francisco, in 2014–15. will also support this worthy cause—and its expansion. “Our program is scalable,” • Jacob Zweig is clerking for Judge Gerald Bard Tjoflat of the she says. “It’s available to law schools and U.S. Court of Appeals for the 11th Circuit, in Jacksonville, Fla. their government and nonprofit partners throughout the country.”

UC HASTINGS 5 UC Hastings Recognized for Support of the Tenderloin

UC Hastings received the Brother Kelly “It is a pleasant surprise to come full circle and Cullen Community recognize the positive things UC Hastings has done for the community.” —Marcia Rosen ’75 Service Award on May 17, 2013, from the Tenderloin Neighborhood Development Corporation (TNDC), in recognition of the law school’s contributions to the neighborhood. “UC Hastings is a community partner and institutional anchor in the Tenderloin,” says UC Hastings CFO David Seward. “Like TNDC, we seek to promote a just and more liv- able community, and our students, faculty, and staff contribute to its improvement in numerous ways.” “The college engages with the neighborhood, instead of turning its back on it,” says Don Falk, executive director of TNDC, singling out Seward for his ongoing support of the community. For UC Hastings, the award is especially meaningful given the law school’s sometimes rocky relations with its neighbors, particularly when it sought to demolish several SRO (single room occupancy) hotels it owned to develop a large-scale commercial project. More than 25 years ago, a coalition of neighborhood groups, including TNDC, sued UC Hastings, and in the process, the college sold two SRO hotels it owned to TNDC. “It is a pleasant surprise to come full circle and recognize the positive things UC Hastings has done for the community,” says Marcia Rosen ’75, who led the negotiations to save the Tenderloin’s vulnerable housing stock.

Above, from left: Chancellor & Dean Frank H. Wu, t

Marcia Rosen ’75, and CFO David Seward f e L : Joseph Driste

6 Fall 2013 { i n brief }

“There is no LGBT legal rights project of any kind in New Mexico and certainly no one practicing transgender law.” —Kate Walsham ’13

LGBT Activist Wins Coveted Steel Fellowship Kate Walsham ’13 plans to work on legal matters affecting transgender individuals in New Mexico

ate Walsham ’13 has been awarded the Tom Walsham excelled at UC Hastings, winning K Steel Fellowship from the Pride Law Fund three CALI awards in a single year for the high- to work on LGBT issues in New Mexico. She will est grade in her classes. She also served at the start a legal arm of the Transgender Resource San Francisco Public Defender’s Office through { Center in Albuquerque, working under the guid- the Criminal Practice Clinic, for which she also ance of the Southwest Women’s Law Center, received the CALI award. The clinical faculty with assistance from the local ACLU chapter. selected Walsham to receive the 2013 Clinical The fellowship is named after the late Tom Legal Education Association Award for her work Steel ’75, a lawyer and activist who worked for in the Criminal Practice Clinic and the Individual LGBT rights and other progressive causes. Representation Clinic. Like Steel, Walsham is a pioneer. “There Her Steel fellowship proposal includes plans is no LGBT legal rights project of any kind in to educate the New Mexico bar about LGBT New Mexico,” she says, “and certainly no one issues. She intends to provide information practicing transgender law.” directly to transgender clients of the Resource She has been interested in LGBT issues since Center regarding their rights. “The New Mexico her undergraduate days at Wellesley. Prior to law Human Rights Act enumerates and protects school, she volunteered at the National Center gender identity and sexual orientation, but few for Lesbian Rights, and returned there for her people seem to know that,” she says. 2L summer. While at UC Hastings, she served as “This is why I came to law school,” says president of Outlaw and as editor-in-chief of the Walsham. “It’s so awesome that I get to leave Hastings Women’s Law Journal. school doing what I like. What I came to do.”

UC HASTINGS 7 “Nowadays, it’s a good feeling when a student tells me, ‘I have to fly to France before the exam,’ and I can say, ‘No problem!’ ” —Carol Christensen

Carol Christensen Receives 2013 Rummel Award

Manager of students’ records and exams recognized for dedication and collegiality

here are few people at UC Hastings who haven’t transition to computerized take-home exams, she recalls T benefited from the diligence and affability of Carol how students used to come to campus, sometimes from Christensen of the Records Office. The recipient of the hours away, to pick up a test. “Nowadays,” she says, “it’s 2013 Rummel Award, an annual acknowledgement of a good feeling when a student tells me, ‘I have to fly to a staff member who has gone “above and beyond” in France before the exam,’ and I can say, ‘No problem!’ ” service to the school, Christensen has managed hundreds She regularly goes above and beyond to make the of thousands of exams, administered students’ grades and near-impossible happen. When Professor David Jung and bar certifications, and served as an invaluable resource Professor Elizabeth L. Hillman approached her to orga- to busy professors and frazzled students. She never fails nize a joint exam for their torts and civil procedure classes, to deliver on the law school’s strategic goal of providing she cheerfully undertook the challenge of coordinating the service excellence to the UC Hastings community. schedules of almost 100 students. Christensen has helped implement dramatic changes That characteristic willingness to help has earned since coming to UC Hastings in the 1980s. After a stint Christensen many fans among the faculty. “No matter how teaching English in Latin America and working as a transla- often I need her to send me a copy of a student’s exam, tor and writer, she returned to UC Hastings to resume she responds promptly and helpfully,” says Jung, one of her transformative work in 2001. Having managed the four faculty members who nominated her for the award.

Morgan McGinnis ’14 Awarded 2013 Rummel Scholarship This year’s Rummel Scholarship, a $3,000 award for a student “whose academic achievement accompanies meaningful involvement in the UC Hastings community,” goes to Morgan McGinnis ’14. In the past year, McGinnis has served as co-president of the UC Hastings Public Interest Law Foundation, worked with the Community Economic Development Clinic, and tutored students at De Marillac Academy. This year, she will be the symposium editor of the UC Hastings Race and Poverty Law Journal. Both the Rummel Award and the Rummel Scholarship are funded by the UC Hastings Foundation.

8ll Fa 2013 { in brief }

New leadership roles For Martinez, Hillman, and field

says Martinez. Among his other career services, among others. responsibilities are to lead the Hillman will continue to teach search for a new executive one course on military law director and acquire a build- each year. ing in Washington, D.C., where AALS is based, to give the Heather M. Field Named organization long-term stability. Associate Academic Dean Martinez, who has been Professor Heather M. Field, with UC Hastings since 1985 who specializes in tax law, and served as academic dean took over as associate aca- for more than 10 years, is an demic dean in July. She joins esteemed expert in contract, new Academic Dean Hillman tax, and insurance law. in helping UC Hastings reboot legal education. In her new Elizabeth L. Hillman Named position, Field supervises Provost and Academic Dean several departments, enforces Leo Martinez Leads AALS Professor Elizabeth L. academic regulations and the Professor Leo Martinez, now Hillman, who began serving code of student conduct, and midway through his one- as academic dean in July, is plays a top leadership role in year term as president of the energized by the opportunities the college’s operations. Association of American Law that lie ahead. “We need to Field, who will continue Schools (AALS), received this build better pipelines from the to teach the tax concentra- prestigious appointment at a law school to the legal profes- tion seminar, says that she is challenging time for legal edu- sion,” says Hillman, an expert enthusiastic about partnering cation. Fortunately for AALS, in military law. “I am excited with UC Hastings “to ensure there is perhaps no better to help UC Hastings respond that students succeed—not person to guide the organiza- to the crisis in legal education just academically, but person- tion through today’s rocky legal and to help shape the institu- ally and professionally. I feel landscape than Martinez, who tion’s academic future.” invested in the student experi- brings a wealth of experience As academic dean, ence, and I want to help create to the position. Hillman will oversee all an environment that empowers “One of my goals is to help academic programs, includ- students as they build the skills other schools with their stra- ing all faculty matters and that will prepare them to solve tegic planning as they look to departments, clinics, centers, 21st century problems.” the future of legal education,” admissions, financial aid, and

UC HASTINGS 9 { engaged scholarship }

Associate Dean for Research Why William S. Dodge We Write

The UC Hastings faculty is passionate about producing scholarship that is provocative, influential, and deeply engaged.

10 FALL 2013 rashing legal scholarship has a longer-term approach, akin to basic become something of a sport. research in the sciences. Thus, at a time Chief Justice Roberts complained when the Supreme Court is adopting a recently that law reviews are colorblind theory of equal protection, Tfilled with articles like “the influence of Osagie K. Obasogie’s study of how blind Immanuel Kant on evidentiary approaches people see race challenges the very in 18th-century Bulgaria.” The reality is possibility of colorblindness. quite different. As illustrated in this issue, Finally, our faculty brings scholar- UC Hastings faculty members write about ship into the classroom. As UC Hastings things that matter, and their scholarship Director Chip Robertson notes, research influences both courts and policymakers. makes better teachers. Imagine the At the heart of “engaged scholarship” chance to take scientific evidence from is scholarship—careful, time-consuming David Faigman as the California Supreme research and analysis that explores a prob- Court adopts his positions on expert tes- lem in greater depth than most lawyers, timony, or military law from Elizabeth L. judges, and policymakers have time for. Hillman while she advises the Pentagon. As Mary Kay Kane says, “We are mem- These are the opportunities UC Hastings bers of the legal profession, but we have students have today—and they are the luxury of time to think. So we have an enriched by engaged scholarship. obligation to improve the law.” Our faculty’s influence on courts shows in our statistics on court citations. Just last term, Justice Alito cited Rory Little’s article “At the heart of on the historical understanding of the Sixth ‘engaged scholarship’ Amendment to suggest that the Supreme is scholarship—careful, Court should reconsider its position on time-consuming proving sentencing factors. UC Hastings research and analysis professors are also translating their research that explores a to have a direct impact on policymakers. problem in greater The White House recently relied on Robin depth than most Feldman’s work on patent trolls in making lawyers, judges, and recommendations to Congress, while Joan C. Williams’ theories of family-responsibil- policymakers have ities discrimination have changed policy time for.” at the EEOC. Other faculty members take —William S. Dodge

UC HASTINGS 11 { engaged scholarship }

Courting Excellence UC Hastings faculty scholarship is cited by U.S. courts at every level, shaping the development of the law. UC Hastings faculty scholarship is cited by U.S. courts at every level, shaping the development of the law. UC Hastings faculty scholarship is cited by U.S. courts at every level, shaping development of the law. UC Hasting’s faculty scholarship is cited by U.S. courts at every level, shaping the development of the law. UC faculty scholarship is cited by U.S. courts at every level, shaping the development of the law. UC Hastings faculty scholarship isby U.S. courts at every level, shaping the development of the law. UC Hastings faculty scholarship is cited by U.S. courts at every level, shaping the development of the law. UC Hastings faculty scholarship is cited by U.S. courts at every level, shaping the development of the law. UC Hastings faculty scholarship is cited by U.S. courts at every level, shaping the development of the law. UC Hastings faculty scholarship is cited by U.S. courts at every level, shaping the development of the law. UC Hastings faculty scholar-

rofessors at UC Hastings “We write for other academics sentencing case. “When professors wear many hats. In addition in order to contribute to a scholarly are cited, it shows that they are not Pto teaching students how to conversation, but we write for the only doing their jobs but doing them think like lawyers, faculty members courts to make an immediate impact effectively,” says Associate Dean for contribute to the evolution of the law on the law as it is applied in real Research William S. Dodge. through their scholarship. cases,” says Professor Scott Dodson, Some UC Hastings professors “Faculty members have made a civil procedure expert whose writ- are recognized as the preeminent substantial contributions to the ings have been cited by five different authorities in their fields, such as development of the law, as demon- federal Courts of Appeal in the last David Faigman, Geoffrey Hazard, strated by the impressive number of nine years. “We’re trying to speak to Mary Kay Kane, John Leshy, Richard court citations they have received both audiences in meaningful ways.” L. Marcus, and Roger Park. They have over the years,” says former California The results are demonstrable. literally written the definitive books Supreme Court Justice Joseph Courts across the nation—all the on their specialties. Grodin, who taught at UC Hastings way up to the Supreme Court—often Hazard has been cited so many before and after his service on the cite the scholarship produced by times that he says he doesn’t pay bench. “The law school has some of UC Hastings faculty. Most recently, much attention to his citation the country’s top legal minds on its Professor Rory Little was cited by count anymore. Nonetheless, he faculty, and the institution values and Justice Samuel Alito at the end of emphasizes that “it is important for nurtures quality scholarship.” the Supreme Court’s last term, in a professors to realize that what they

12 FALL 2013 UC Hastings faculty scholarship is cited by U.S. courts at every level, shaping the development of the law. UC Hastings faculty scholarship is cited by U.S. courts at every level, shaping the development of the law. UC Hastings faculty scholarship is cited by U.S. courts at every level, shaping development of the law. UC Hasting’s faculty scholarship is cited by U.S. courts at every level, shaping the development of the law. UC faculty scholarship is cited by U.S. courts at every level, shaping the development of the law. UC Hastings faculty scholarship isby U.S. courts at every level, shaping the development of the law. UC Hastings faculty scholarship is cited by U.S. courts at every level, shaping the development of the law. UC Hastings faculty scholarship is cited by U.S. courts at every level, shaping the development of the law. UC Hastings faculty scholarship is cited by U.S. courts at every level, shaping the development of the law. UC Hastings faculty scholarship is cited by U.S. courts at every level, shaping the development of the law. UC Hastings faculty scholar-

Seated: Professor Richard Marcus and Chancellor & Dean Emeritus Mary Kay Kane. Stand- ing: Professor Geoffey Hazard

UC HASTINGS 13 { engaged scholarship }

say and write will affect courts and legislatures. Legal scholars need to ask themselves: Is it intelligible? Is it useful? It’s very important to be realistic and concrete.”

International Law in U.S. Courts Dodge, an expert in international law, played a key role in a case decided by the Supreme Court in 2004. In Sosa v. Alvarez-Machain, the justices confronted a case brought under the Alien Tort Statute (ATS), an old jurisdictional provision that since 1980 had been used to bring international human rights cases in U.S. courts. “I had done a lot of historical work on the ATS,” Dodge says, “so Professor David Faigman I decided to write an amicus brief, relying on my own work and that of other scholars, to put the statute in Dodge’s argument that the ATS was published in the Virginia Journal of historical context.” enacted on the understanding that International Law in 2002. The question in Sosa was the common law would provide the “I thought, ‘My God, somebody’s whether human rights suits under course of action. Justice Souter also listening,’” Dodge says. “It was very the ATS required a statutory cause cited one of Dodge’s law review gratifying.” of action. The Supreme Court articles, “The Constitutionality In another human rights case rejected the positions of both parties of the Alien Tort Statute: Some at the Supreme Court, Professor and instead agreed expressly with Observations on Text and Context,” Chimène Keitner wrote an amicus brief on behalf of a group of international law professors, which was later published in a law review. The Professor Chimène Keitner brief argued that international law does not provide blanket immunity to foreign officials who commit human rights violations. The court followed the approach recommended in the brief, interpreting the Foreign Sovereign Immunities Act not to apply to foreign officials and leaving the remaining common law issues to the lower courts. On remand, the Fourth Circuit adopted Keitner’s position, citing two of her articles in the process. “Chimène Keitner is one of the leading experts on foreign official immunity in the country,” notes Dodge, “so it is no surprise that courts look to her work.” Keitner says, “I was glad they found the analysis useful. The mere fact of citation is not as important as making a contribution.”

14 FALL 2013 When the Supreme Court announced its opinion in Bell Atlantic Corp. v. Twombly in 2006, most people probably yawned. The decision was not about health care or the First Amendment or executive wartime powers or race discrimination. It was no Bush v. Gore. It was an antitrust- pleadings case—convoluted, technical, and, well, bland. But litigators and procedure scholars knew immediately that the case had the potential to alter the balance of power in Evidence of Influence Professor David Faigman, an expert civil litigation—to put the thumb on the defendant’s side on science policy, scientific evidence, and constitutional law, has seen of the ledger—by making it more difficult for plaintiff s to his work cited repeatedly by the Supreme Court. In U.S. v. Scheffer obtain discovery from defendants in a wide swath of cases. (1998), the court ruled that, under the military rules of evidence, an airman could not introduce the results of his The decision was, to many in that circle, nothing short of polygraph test to support his claim that he had not used drugs since revolutionary. By at least one measure, early predictions enlisting. “It was quite heartening to be viewed as the authority on the have been proven right. In Twombly’s wake, thousands subject,” Faigman says, especially as this was the first time the high court of law-review articles have reflected upon it, and tens of had addressed polygraphs. In a recent case, Sargon thousands of court opinions have cited to it. Twombly and Enterprises Inc. v. University of Southern California (2012), the its companionProfessor Ashcroft v. Iqbal are on pace to be the most- California Supreme Court essen- Scott Dodson tially adopted Faigman’s position on expert testimony to exclude cited decisions of all time. the “speculative” testimony of an expert. Although his work on expert testimony is widely quoted, Faigman says it is frustrating that his in-depth work on forensic science has not been adhered to by the courts. “The field is in disarray, but the courts continue on,” he says. Nonetheless, he feels vindicated that the National Academy of Sciences reached the same conclusions regarding the forensic identification sciences in its 2004 report. Professor Dodson had a similar experience. In Lambert v. Blodgett (2004), the U.S. Court of Appeals for the Ninth Circuit cited one of his articles on habeas review of state court decisions, but chose not to follow his position. The Supreme Court later reversed the Ninth Circuit and adopted Dodson’s reasoning, but did not cite his article. “That was a bit of a letdown,” Dodson says with a laugh, “but ultimately, the goal is to have your ideas make a difference, even if you are not credited with a citation.”

UC HASTINGS 15 Under the Federal Rules, there is a systemic tendency to react to the risk of inaccurate decisions by adding procedural layers intended to improve accuracy. Laudable in theory, this tendency can deprive litigants of any decision on the merits. Sometimes a decision, even with some risk of error, may be preferable to the drain of continued litigation. But the circumstances in which such merits decisions are possible on the pleadings are distressingly limited. Instead, more flexible use of summary judgment, in with case management, seems the more promising course.

Shaping State Law Faigman is not the only UC Hastings professor on whom state supreme courts have relied. John Leshy, an expert in public lands law, and formerly the top lawyer at the U.S. Department of the Interior, wrote a book 20 years ago on the Arizona Constitution, and recently updated it in a second edition. “I’m pleased that the book sparked interest in the Arizona Constitution in the courts as a meaningful source of law,” Leshy Professor says. Stanley G. Feldman, who was Richard Marcus then chief justice of the Arizona Supreme Court, wrote the foreword to the first edition, and the current chief justice, Rebecca White Berch, wrote the foreword to the 2013 edition. The courts have cited Leshy’s book numerous times in decisions. Professor Richard Marcus adds that professors contribute to the development of the law in other ways besides writing books and articles. For example, several years ago, he worked on a committee that struggled with the development of electronic discovery. “The California legislature later adopted laws that followed our work,” he says. “We are in the business of evaluating how the courts and legislature use legal rules,” Marcus says. “That’s a big part of what we do.” “Law professors are not as pressed for time as litigants and judges,” says Dodge. “We have the luxury of digging into an issue, so we have a responsibility to be useful.”

16 FALL 2013 { engaged scholarship }

Civil Procedure Giants

f all the stars on the faculty, three of the Another prominent member of the fac- most illustrious are Professor Richard ulty who has been cited innumerable times OMarcus, Professor Emeritus Geoffrey is Chancellor & Dean Emeritus Kane. The Hazard, and Chancellor & Dean Emeritus Supreme Court cited articles of hers in Mary Kay Kane. Together, they dominate the J. McIntyre Machinery Ltd. v. Nicastro (2011) field of civil procedure and are nationally recog- and Verlinden B.V. v. Central Bank of Nigeria nized experts. (1983), and has cited her treatise, Federal Professor Hazard’s work has been cited Practice and Procedure, now in its third edition, hundreds of times, including 22 times by the a remarkable 55 times. U.S. Supreme Court for his writings on civil “I’m proud that I’m contributing to the procedure, federal jurisdiction, and legal ethics. development of the law,” Kane says. “We are As far back as 1977, the Supreme Court looked members of the legal profession, but we have to his 1965 Supreme Court Review article, “A the luxury of time to think. So we have an General Theory of State-Court Jurisdiction,” obligation to improve the law.” in deciding Shaffer v. Heitner, which created a framework for determining when a civil defendant has sufficient minimum contacts with a state for its courts to exercise jurisdiction over the defendant. “I’m proud that I’m Similarly, Professor Marcus, an expert on civil contributing to the procedure and evidence, was cited in a 1987 development of the law. decision penned by then Circuit Judge Ruth Bader Ginsburg. The case, In re Korean Airlines We are members of the Disaster, arose out of a 1983 incident in which legal profession, but we a Russian jet fighter shot down an airliner over have the luxury of time the Sea of Japan for allegedly violating Soviet airspace, killing all 269 passengers and crew, to think. So we have an including a U.S. congressman. In her opinion, obligation to improve Ginsburg, herself a former professor of civil pro- the law.” cedure, cited Marcus’s 1984 Yale Law Journal article, “Conflict Among Circuits and Transfers —Chancellor & Dean Emeritus Within the Federal Judicial System,” several Mary Kay Kane times with approval. “I’m very proud of that,” says Marcus, whose scholarship has also been cited eight times by the U.S. Supreme Court.

U C HAstinGS 17 { engaged scholarship }

They Wrote the Books UC Hastings faculty members have authored or co-authored an impressive number of casebooks on a wide range of legal subjects, many of which are considered the leading casebooks in their field.

Kate Bloch David Jung and David Levine Ugo Mattei Criminal Law: A Contemporary Remedies: Public and Private Schlesinger’s Comparative Law Approach: Cases, Statutes, and (Thomson/West 5th ed. 2009). (Foundation Press 7th ed. 2009). Problems (Aspen Publishers 2005). Charles Knapp and Harry G. Prince Roger Park Richard Boswell Problems in Contract Law (Aspen Evidence: Cases and Materials Immigration and Nationality Law: Publishers 7th ed. 2012). (Foundation Press 11th ed. 2009). Cases and Materials (Carolina Evan Lee Naomi Roht-Arriaza Academic Press 4th ed. 2010). Federal Courts, Federalism and The International Legal System: Cases Richard Boswell and Karen Musalo Separation of Powers: Cases and and Materials (Foundation Press 6th Refugee Law and Policy: A Comparative Materials (West 5th ed. 2013). ed. 2010). and International Approach (Carolina John Leshy D. Kelly Weisberg Academic Press 4th ed. 2011). Legal Control of Water Resources: Modern Family Law (Aspen Publishers Jo Carrillo Cases and Materials (West 5th ed. 4th ed. 2010). Cases and Materials on California 2012). Child, Family, and State: Problems and Community Property (Thomson/West Federal Public Land and Resources Law Materials on Children and the Law 10th ed. 2011). (Foundation Press 6th ed. 2007). (Aspen Publishers 6th ed. 2009).

John Diamond David Levine and C. Keith Wingate Lois A. Weithorn Cases and Materials on Torts Cases and Materials on California Civil Family Law: Cases, Texts, Problems (West Group 2d ed. 2008). Procedure (West 4th ed. 2011). (LexisNexis 5th ed. 2010). John Diamond and Rory Little Richard Marcus Criminal Law: Cases and Materials Civil Procedure: A Modern Approach (Lexis Pub. 3d ed. 2008). (Thomson/West 6th ed. 2013). Complex Litigation: Cases and William S. Dodge Materials on Advanced Civil Procedure Transnational Business Problems (West 5th ed. 2010). (Foundation Press 4th ed. 2008). Leo Martinez Elizabeth L. Hillman Cases and Materials on Insurance Law Military Justice: Cases and Materials (Thomson/West 6th ed. 2010). (LexisNexis 2d ed. 2012).

Carol Izumi and Frank H. Wu Race, Rights, and Reparation: Law and the Japanese American Internment (Aspen Publishers 2d ed. 2013).

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Margreth Barrett } Charles Knapp } State and federal courts have cited Professor Professor Charles Knapp’s work has been cited by Margreth Barrett’s work 10 times. state and federal courts 10 times.

John Diamond } Evan Lee } Professor John Diamond’s work has been cited by State and federal courts have cited Professor Evan state supreme courts 10 times. Lee’s articles 32 times.

William S. Dodge } John Leshy } Federal courts have cited Professor William S. The Arizona Supreme Court has cited Professor John Dodge’s articles 18 times, including three cites by the Leshy’s book The Arizona State Constitution nine U.S. Supreme Court. times.

Scott Dodson } Rory Little } State and federal courts have cited Professor Scott Professor Rory Little’s work has been cited 18 times Dodson’s articles nine times. by federal courts, including four times by the U.S. Supreme Court. David Faigman } State and federal courts have relied on Professor Richard Marcus } David Faigman’s seminal treatise Modern Scientific The U.S. Supreme Court has cited Professor Richard Evidence 84 times, with the U.S. Supreme Court rely- Marcus eight times, including Semtek International, ing on it twice. Inc. v. Lockheed Martin Corp. (2001), quoting his case book, Civil Procedure: A Modern Approach (3d ed.). Joseph Grodin } California courts have cited Professor Joseph Grodin’s Leo Martinez } book The California State Constitution 15 times. Professor Leo Martinez’s treatise New Appleman Insurance Law Practice Guide has been cited by state Geoffrey Hazard } and federal courts eight times in the past three years. Professor Geoffrey Hazard’s books and articles have been cited by the U.S. Supreme Court 22 times. Melissa Nelken } State and federal courts have cited Professor Melissa Mary Kay Kane } Nelken’s articles 12 times. The late Chief Justice Rehnquist called Professor Mary Kay Kane’s treatise Federal Practice and Roger Park } Procedure “the universally accepted authority on Professor Roger Park’s work on evidence has been federal practice.” It has been cited more than 10,000 cited by state and federal courts 34 times. times by federal courts, including 55 times by the U.S. Lois A. Weithorn } Supreme Court. State and federal courts have cited Professor Lois A. Weithorn’s work on children 14 times.

Evidence of judicial impact

UC Hastings faculty members have had their work cited repeatedly by courts of all levels. ThIS list, while noT exhaustive by any means, shows the impressive influence of our scholars’ work.

UC HASTINGS 19 Shaping Policy Through Scholarship Professors Robin Feldman, Elizabeth L. Hillman, and Joan C. Williams pursue dynamic and timely fields Professor Robin Feldman of legal inquiry

Hastings Professors UC Robin Feldman, Elizabeth L. Hillman, and Joan C. Williams chose to explore hot-button topics in their fields long before those issues became trendy. These professors are just three of the many UC Hastings scholars who have earned stellar reputations for having their fingers on the pulse of what’s coursing through society. Credit UC Hastings’ academic culture, which fosters thoroughly researched work, vetted by colleagues, that espouses novel legal theories. Spanning every discipline, scholarship at UC Hastings infuses public debate and often translates into policy changes adopted by legislative and regulatory bodies. Research by Feldman, Hillman, and Williams has triggered changes in legislation and rule making across agencies as diverse as the Departments of Justice, Defense, and Labor. The professors’ scholarly work in the fields of intellectual property, military violence, and work-life balance has been published in world-class law reviews and cited in court briefs; it has also reached mainstream audiences through blog posts and op-ed pieces.

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R obin Feldman: Shaping Dyson told the Chronicle of Higher Law, which was founded this spring Intellectual Property Education that it was one of the best by Feldman and includes 10 faculty Policies articles he had read all year. Since the members. The institute focuses In the last year, intellectual prop- article’s publication, the discussion of on “data-driven law making” and erty and patent law expert Robin patent trolls has taken off exponen- “implementable solutions,” she says. Feldman published no fewer than tially. In June 2013, the White House She’s now studying patent troll seven full-length law review articles, released a comprehensive report on data beyond lawsuits. “I’ve always felt a book for Harvard University Press, the topic, along with a series of exec- that patent lawsuits are the tip of the and a book chapter for Stanford utive orders and recommendations iceberg. I am looking at the shape University Press, as well as commen- for Congress, which cited Feldman’s and quality of the rest of the iceberg.” taries for publications like the Boston empirical studies. Her work was also Globe and SCOTUSblog. cited in a speech in June by FTC Elizab eth L. Hillman: But Feldman is more than a Chairwoman Edith Ramirez, calling for Influencing Military prolific writer. She also presented her the FTC to initiate a broad-ranging Justice Reform work to government bodies such as investigation into patent assertion. Provost and Academic Dean the U.S. Patent and Trademark Office, Similarly, Feldman’s article in Elizabeth L. Hillman was appointed the Federal Trade Commission, Duke Law & Technology Review, “The in the spring of 2013 by the House and the California Assembly America Invents Act 500: Effects Armed Services Committee’s Select Committee on Privacy. The of Patent Monetization Entities on ranking minority member to serve Department of Justice solicited U.S. Litigation,” was one of the most on an independent sexual assault her 90-page “Intellectual Property downloaded articles on the Social review panel that will recommend Wrongs” article as a public comment, Science Research Network and was policy changes to the Department of and the California Attorney General’s covered by dozens of news outlets. Defense, the latest example of her Office co-sponsored an event “Academics are in an unusual influence on military justice reform. for start-ups with the Privacy and position,” Feldman says. “We That history began in 2000, when Technology Project, of which Feldman have the time to step back and Hillman served as a reporter for a is co-director. In the fall, Feldman look broadly at our own fields, as blue-ribbon panel convened on appeared at a DOJ/FTC workshop at opposed to practicing lawyers or the 50th anniversary of the Uniform which her empirical work on patent regulators, who may be driven by the Code of Military Justice, and is trolls was discussed prominently. insistent demands of what comes rooted in her scholarship about mili- It’s not surprising that Feldman’s before them.” To determine topics tary sexual assault and civil rights. scholarship has been instrumental for study, Feldman asks, “Where are “Women in the military are more in policymaking. Her 2012 Stanford the problems coming from? What are likely to be diagnosed with post- Technology Law Review article, “The the solutions? What information is traumatic stress disorder because Giants Among Us,” received consid- needed to make intelligent choices?” of rape by another service member erable media attention and favorable In fact, these are the goals that than by combat,” explains Hillman, reviews; technology historian George animate the Institute for Innovation who has testified before Congress and the U.S. Commission on Civil Rights, and is assisting lawmakers who are drafting bills proposing significant changes in military justice. To determine topics for study, Professor In addition to her academic work, Hillman serves as president of the Feldman asks, “Where are the problems National Institute of Military Justice coming from? What are the solutions? and as co–legal director of the Palm Center, an independent think tank What information is needed to make that sponsored much of the critical empirical research that led to the intelligent choices?” end of “don’t ask, don’t tell.” The author of two books, Hillman is now working on a comparative study for the U.N. Office of the High

UC HASTINGS 21 “I try to keep talking to people—not just scholars but veterans, legal practitioners, judges, community groups, and gay and lesbian groups. It helps me get a sense of what people are concerned about and what we need to work on.” —Provost and Academic Dean Elizabeth L. Hillman

Commissioner for Human Rights that will identify best practices for Provost and handling military sexual assault and Academic Dean harassment by examining what’s Elizabeth L. Hillman done in countries other than the United States. “In general, our topics find good. That disconnect makes it dif- law in which federal court plaintiffs us,” she says about choosing what ficult to craft solutions. Being both win roughly two-thirds of the time. to research. “I try to keep talking a former military officer and feminist “A lot of organizations work for to people—not just scholars but scholar, I can help bridge some of 20 or 30 years to get a law passed,” veterans, legal practitioners, judges, those gaps.” explains Williams, author or co- community groups, and gay and les- author of more than 70 academic bian groups. It helps me get a sense Joan C. Williams: articles and seven books, and a of what people are concerned about Advocating for Laws that regular contributor to the Huffington and what we need to work on.” Promote Work-Life Balance Post. “Our role is different. We seek Being a neutral academic offers According to the New York Times, to achieve concrete change in a an ideal vantage point for analyzing Joan C. Williams has achieved three- to five-year span. Sometimes, these issues. “I can avoid absolutes,” “something approaching rock-star law is the most effective change- Hillman explains. “There are two status” among work-life advocates. delivery system. But not always: We competing views: There’s a rigid Case in point: as director of the also have developed best-practice feminist view that the military is so Center for WorkLife Law, Williams flexibility policies for professional masculine and violent, there’s no devised innovative legal theories, and hourly workers.” The center way rape can be eradicated. In sharp adopted by the Second Circuit and invented the modern part-time poli- contrast are military professionals, the Equal Employment Opportunity cies in law firms and academia, which government actors, and some pop Commission (EEOC), about family- keep professionals on partnership culture, which view the military as responsibilities discrimination, a and tenure tracks. Its best prac- a protector of all things noble and rapidly growing area of employment tices for hourly workers are being

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built into scheduling software by This model has spread to Stanford Choosing what to study is Intuit. According to Victoria Lipnic, and Columbia, which currently “idiosyncratic,” explains Williams, former assistant secretary at the participate in working groups co- a recipient of the prestigious Department of Labor and now an organized with the center. Margaret Brent Women Lawyers EEOC commissioner, the center’s The center is developing new of Achievement Award from the path-breaking work document- legal theories to secure pregnancy American Bar Association and its ing the work-family conflict among accommodations, the results of Outstanding Scholar of the Year hourly workers, notably Williams’ which will be published in the Yale Award. “I was an environmental 2006 report “One Sick Child Away Journal of Law and Social Policy. The lawyer who had a baby and learned from Being Fired,” helped save inter- center’s “Poor, Pregnant, and Fired” that the world was not set up for mittent leave under the Family and report found that many pregnant mothers.” Medical Leave Act. blue-collar women are fired every And today that baby—now a The center’s interdisciplinary year “for not being allowed to carry student at Yale Law School named working groups bring together a water bottle, for needing more Rachel Dempsey—has become one social scientists and activists to bathroom breaks, for requiring of Williams’ most frequent collabo- produce action-ready research. larger bulletproof vests.” As a result, rators. Early next year, mother and pregnancy accommodations are daughter will publish their first book now a key strategic initiative for the together, What Works for Women at EEOC. Work: Four Patterns Every Woman Should Know, from NYU Press. “Work-life balance matters deeply to me,” says Williams.

Professor Joan C. Williams and her daughter, Rachel Dempsey

“I was an environmental lawyer who had a baby and learned that the world was not set up for mothers. Work- life balance matters deeply to me.” — Professor Joan C. Williams

UC HASTINGS 23 { engaged scholarship }

Unraveling the Mystery of Health-Care Pricing Professor Jaime S. King offers fresh ideas for breaking the stranglehold that insurers and providers have over medical costs.

ow do you solve one of the problems in the health-care space,” market is less competitive, transpar- most vexing problems in she says, especially one that could ency could lead to higher prices if Hhealth policy—the skyrock- impact tens of millions of consumers some providers and insurers realize eting cost of medical services—when and employers. they have been charging less than no one seems to know what those The result is a 113-page white their peers. The market for health- costs actually are? That was the chal- paper, “Price Transparency in the care services “is very different from lenge UC Hastings Professor Jaime Healthcare Market,” which will other markets,” King says. “So S. King confronted last fall. be published later as a two-part making predictions based on other A few miles up the road, policy law review article. The first part, markets is often flawed.” experts at UCSF School of Medicine “Clarifying Costs: Can Increased The team’s second key insight had been discussing how to imple- Price Transparency Reduce was even more provocative. “We’re ment the Affordable Care Act to Healthcare Spending?” will be conditioned to think insurers are the make the health-care market fairer published by the William & Mary villains,” Muir says. Yet even more and more cost-efficient. But the Policy Review. The paper recom- than insurers, she adds, providers— logical first step—injecting more mends a series of interconnected hospitals and doctor networks—“use price transparency into the market— steps, including antitrust litigation their leverage to keep a lot of these turned out to be more difficult than and legislation, aimed at weaken- prices secret.” anyone had expected. It wasn’t just ing the sometimes monopolistic This surprising fact reflects the that the cost structure for medical power of providers and insurers as a enormous changes in the health-care services was confusing; many provid- precursor to forcing them to disclose market over the past two decades. ers and insurers were actually barred costs. “Price transparency cannot Whereas insurers once had the from disclosing prices by gag rules happen in a vacuum,” King says. “If upper hand, imposing restrictions and confidentiality agreements. “A you don’t ensure that competition is on consumers and providers alike, a lot of providers and insurance groups functioning in the market, you could backlash against HMOs and the rise were claiming that their prices were have unintended consequences, and in popularity of insurance plans that trade secrets,” says King. “There consumers and employers could end offer more consumer choice have were clauses in the contracts that up paying more.” shifted the balance of power. These banned them from discussing price.” King, who has a PhD in health days, providers have much more To figure out ways to break policy from Harvard, tapped two of leeway to charge high prices and, in that stranglehold on information, her students, Morgan Muir ’12 and some cases, to force insurers in other UCSF officials turned to the UCSF/ Stephanie Alessi ’13, to work with her markets to pay those same rates to UC Hastings Consortium on Law, on the project. The three of them affiliated providers for whom there is Science, and Health Policy, where quickly reached an unexpected less demand. King has been associate director conclusion: Price transparency does “Having certain providers in your for the past three years. King was not automatically benefit all health- networks has become essential for intrigued by the secrecy issue. “It’s care consumers. In fact, in smaller insurers,” King says. “Insurers might exciting to help solve real-world communities where the health-care say, we really want you so we’ll pay

24 FALL 2013 “Price transparency cannot happen in a vacuum. If you don’t first ensure this higher-than-competitive rate. But then the insurer will impose a that competition is gag rule on the provider to prevent the provider from telling others what functioning well he or she is being paid.” in the market, To King and her team, that sounded like anti-competitive you could have behavior. Alessi, who had recently taken a course in antitrust law, was unintended tasked with figuring out how to apply consequences.” antitrust theories to the issue of price transparency. “It was exciting to take — Professor Jaime S. King what I had learned in law school and build on it in a way that could have a potentially huge impact,” Alessi says. King concedes that litigation won’t be easy: The issues that make price secrecy such a big factor in health-care costs “don’t fit neatly into categories that have historically been deemed antitrust violations.” But the team is gratified that the paper has been well received by everyone from consumer advocates and antitrust experts to plaintiffs’ lawyers and the California Attorney General’s Office. “We think [our theory] could end up being persua- sive in the courtroom,” King says. Now, the UCSF/UC Hastings Consortium plans to establish a clearinghouse to make information about pricing more accessible to researchers and policymakers. There’s no question that King’s conclusions might raise the anxiety level among providers who are already trying to deal with health-care reform, says Clay Johnston, an associate vice chancellor at UCSF and director of the medical school’s Clinical and Translational Science Institute. “But if we don’t reveal the prices,” he says, “none of the rest of these problems would necessarily be solved. It’s quite complicated. But the most important thing is to have an open and public discourse about this, and to make the best Seated: Stephanie Alessi ’13 and Professor decisions for society.” Jaime S. King. Standing: Morgan Muir ’12

UC HASTINGS 25 The problem with the approach of the Asahi Court—and the parties who presented the case—is that their underlying thesis is quite wrong. The duwe process clause of the fourteenth amendment as applied to assertions of personal jurisdiction has no bearing at all on what American courts can do to foreigners. It regulates only what the courts of the American states can do to persons who are in another American state[n ‘instrument of interstate federalism very properly may regulate what Oklahoma can do to an American car dealer located in New York, but may have no bearing at all on what an Oklahoma state court can do to a German automobile manufacturer, or a California state court can do to a Japanese parts manufacturer.

Chancellor & Dean Emeritus Mary Kay Kane

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UC Hastings and the American Law Institute For decades, members of the faculty have made important contributions to this influential legal organization.

o the general public , the faculty have been elected to the of rules or principles of American American Law Institute (ALI) ALI. They include Kane, who joined law in a form that looks like a T may sound like a run-of- in 1980, only nine years after she statute. It includes commentary, the-mill professional society. But graduated from law school and hav- illustrations, and explanations of the to people like Chancellor & Dean ing already produced an impressive law’s applications,” Dodge notes. Emeritus Mary Kay Kane, the ALI body of scholarly work in the field of “Restatements are not binding, but embodies the best aspects of the civil procedure. Membership in this they have been very influential in legal profession. “Early on, I set it august body is highly selective and judicial opinions, and courts often as a goal that I would someday have requires a serious commitment of cite the restatements without any enough credentials to be elected as time and talent, according to Michael other authority.” a member of this prestigious body,” Traynor, the ALI’s former president Each restatement is drafted by says Kane. “Belonging to the ALI has and now emeritus member of the one or more reporters—ALI members been a very important part of my council, a volunteer board of direc- recognized as leaders in their fields. professional career.” tors that oversees the organization. “Being a reporter is regarded as a The ALI describes itself as “the “We choose legal professionals who very important role,” says Professor leading independent organiza- have shown leadership, academic Emeritus Geoffrey Hazard, a former tion in the United States producing inclination, and interest,” he says. director of the ALI. “It is both an scholarly work to clarify, modernize, “We look for those who have honor and a burden.” Drafting a and otherwise improve the law.” demonstrated contributions to the restatement takes years to complete But that description does not even profession and show real promise of and involves a level of scrutiny uncom- approximate the vast influence that continuing the work of the institute.” mon even in academic circles. “It the 90-year-old organization contin- “The ALI brings together prac- does not become an official restate- ues to have on the country’s courts titioners, academics, and judges,“ ment until it has been approved line and legislatures, as well as on legal says Chancellor & Dean Frank H. by line by the entire membership and scholarship and education. Today, Wu, also an elected member. “The published by the institute,” Dodge the ALI also has a global reach, influ- UC Hastings emphasis on engaged explains. encing international law and inspiring scholarship matches perfectly what Dodge, who recently served as the creation of a similar organiza- the ALI does: It engages in a thor- counselor on international law to tion for the European Union’s legal ough deliberative process that meets the legal adviser at the U.S. State community. the highest intellectual standards to Department, was chosen by Liebman “I’m not overstating it when I say produce work that influences actual to serve as co-reporter for the ALI’s that it is the most important lawyer- decision making.” Restatement (Fourth) of Foreign formed organization in the world,” Relations Law. The Restatement of says Lance Liebman, director of the An Honor and a Burden Foreign Relations Law has had a ALI since 1999 and currently Columbia Restatements of the Law are the huge influence in the development University’s William S. Beinecke ALI’s traditional product, says of the law, says Liebman. “People Professor of Law. Associate Dean for Research William tell me that it’s the first source they It is no small achievement, then, S. Dodge, an ALI member since go to, and it hasn’t been updated that 25 members of the UC Hastings 2006. “A restatement is a statement for more than 25 years,” he says. “If

UC HASTINGS 27 { engaged scholarship }

Keepers of the Ring Like other ALI reporters, Dodge was chosen because of his sterling aca- UC HASTINGS demic credentials. He was appointed in November 2012 and follows in the faculty members footsteps of other UC Hastings professors—notably, Kane elected to the and Hazard—who have made American Law great contributions to the development of the law through Institute their work with the institute. Kane, now a life member, is currently a member of ALI’s governing council. Over the years, she has seen an expansion • Margreth Barrett of ALI’s mission for Restatement • Jo Carrillo of Law projects to Principles of Law projects, which focus on areas of • John Diamond law that need reform. In that vein, as • William S. Dodge co-reporter for one of those projects • David Faigman in the early 1990s, the institute’s • Robin Feldman Complex Litigation Project, she commented, “We are essentially • Brian Gray inventing proposed law,” Kane says. • Joseph Grodin “It is an incredible opportunity to be • Geoffrey Hazard part of the process of studying and • Elizabeth L. Hillman reforming the law to address issues we face as a society.” • Carol L. Izumi Hazard’s work with the institute • Mary Kay Kane started with his impressive per- • Chimène Keitner formance as a reporter updating • Charles Knapp the Restatement of Judgments. His contributions in drafting the • Frederick Lambert Restatement (Second) of Judgments • Evan Lee Associate Dean were so significant that he was • David Levine for Research appointed director of the institute • Richard Marcus William S. Dodge when the position opened. “The institute decided to reward • Leo Martinez my good performance by giving me • Roger Park we don’t take up the subject again, more work,” Hazard jokes. “It’s a very • Harry G. Prince people will gradually stop using the substantial job. As director of the • Kevin Tierney Third Restatement. So this is impor- ALI, you are essentially the keeper of tant work for the institute.” the ring, the intellectual leader, and • William K.S. Wang Dodge says he is humbled by the managerial director.” • D. Kelly Weisberg the extraordinary responsibility with Hazard served as ALI director • Frank H. Wu which the institute has entrusted him. from 1984 to 1999, spearheading “Restatements aim to clarify the law. the group’s most ambitious project: That’s a particular challenge when the ALI/UNIDROIT Principles of you are dealing with international Transnational Civil Procedure. The law and its relationship to U.S. law, project, which took six years to com- but it is a challenge that I am looking plete, created a set of procedural forward to.” rules and principles to be adopted

28 FALL 2013 Law is a set of formally stated rules that include prohibitions, restrictions, and authorizations. It is pronounced globally to facilitate the resolution of disputes arising from transnational and applied by government authorities commercial transactions. Hazard col- laborated with Michele Taruffo, a law including legislatures, courts, and professor at Pavia, to test the idea of devising a uniform set of rules that, government agencies. The government he says, would be “congenial to civil lawsuits and common law disputes. through its rules specifies the “A lot of people didn’t think it would be possible,” Hazard recalls. relationship among levels of authority “So we tried it out for ourselves quietly before we even proposed it.” The work, published by the institute that make these pronouncements, in 2006, spawned the creation of similar projects, including Transnational going up to the Supreme Court or to Insolvency: Global Principles for Cooperation in International Parliament, as the case may be. In the Insolvency Cases, which formulated rules governing cross-border insolvency issues in bankruptcy courts in the United States, Canada, and Mexico. Hazard and Taruffo’s project also spurred the establishment of the European Law Institute, of which Ugo Mattei, UC Hastings Alfred and Hanna Fromm Chair in International and Comparative Law, is a member. “Our work attracted the attention of people in Europe, and now they Professor Emeritus are looking at the ALI to do a model Geoffrey Hazard law for European countries,” Hazard says. In May, the institute recognized Hazard by honoring him with the Distinguished Service Award, only the fifth time in the institute’s history the award has been given. “The UC Hastings faculty has certainly played a very important role in the life of the institute,” Liebman says. And the tradition continues— Professors Robin Feldman and Chimène Keitner were elected as members within the last year. “UC Hastings has always been interested in law reform, and being part of ALI is a natural fit for us,” Kane says.

UC HASTINGS 29 30 FALL 2013 { engaged Scholarship }

A new book by an award-winning legal scholar poses a timely and provocative challenge: If blind people aren’t colorblind, who can be?

nnovative research led UC interview, he discusses his Hastings Professor Osagie K. findings along with some of Obasogie to win the Law and the broader implications of his Society Association’s inaugural cross-disciplinary work. John Hope Franklin prize for * * * * outstanding scholarship in 2011 [Q] What inspired you to and to write Blinded by Sight: pursue this line of research? Seeing Race Through the Eyes of [A] It started around 2005, the Blind, available from Stanford after I saw Ray, a feature film University Press in November. on the life of Ray Charles. Even Professor Obasogie, who has though Charles became blind a PhD in sociology as well as a very early in life, I was struck JD, does research that attempts by how he had a strong under- to bridge the gaps between standing of race—what race is, empirical and doctrinal scholar- how it affected his life and other ship on race. In the following people’s lives.

UC HASTINGS 31 “I think colorblindness is After seeing the movie, I did deemed to be different from a noble idea, research to see what was in where a person of their the published literature about race should live. One blind but so are blind people’s understanding of respondent said “Most black unicorns race. I assumed that people had people look pretty much the already written on this topic, same;” another said blacks’ and tooth and I wanted to learn more. skin “wasn’t as smooth” as fairies. The However, I didn’t find anything. whites; others said blacks and data show I wasn’t able to find anyone Hispanics “had a distinctive who had simply asked blind odor.” Still others recalled how that it is people: What is race? What are family members acquainted simply a your experiences with race? them with racial slurs and to How do you think about race? whom, exactly, they apply. But misleading This oversight reflects the deep the common theme among the and, indeed, assumption we have in society blind respondents is that they that race is a visual phenom- understood race visually. harmful way enon that blind people aren’t * * * * to frame how able to understand and that [Q] Don’t blind people use race is not a significant part of nonvisual characteristics as race plays their lives. a proxy for what they can’t out in today’s * * * * see—like differences in voice [Q] Based on your research, and vocal inflection? society.” how do blind people “see” [A] Yes and no. The research race? showed that blind people often [A] Just like everybody else. distrust these nonvisual cues. More often than not, blind A number of blind respondents respondents talked about race said they have been wrong About Science in terms of skin color, facial enough times by mistakenly and Race features, and other visual cues— relying on voice that they no just like sighted people. To be longer use vocal differences as a Osagie K. Obasogie’s clear, my research focused on key indicator of racial difference. scholarship also looks people who have been totally Voice can play a secondary role, at the role of science blind since birth. These were but race is primarily understood in constructing racial people who hadn’t seen any- in terms of visual differences. meanings and explaining thing, let alone the visual cues Moreover, several respon- racial disparities. His that sighted people associate dents said they appreciated second book is under with race. my research because they had contract with the Some blind people wouldn’t experiences where sighted people University of California date outside their race while assumed that because they were Press: Beyond Bioethics: others didn’t want to live blind that they were also color- Towards a New Biopolitics in neighborhoods that were blind—in a sense, that race was (with Marcy Darnovsky).

32 FALL 2013 { engaged Scholarship }

not important to them. Some to acknowledge race to level policies that focus on the social sighted people even thought the playing field? Which still dynamics of racial subordina- that blind people were fortunate leaves open the question that, tion rather than assuming that because they didn’t have to deal given our country’s long and racial difference is natural or with the messy world of race. pathetic history with race, is self-evident. * * * * getting beyond race even pos- * * * * [Q] Can you delve further into sible? Doing research with blind [Q] How would this play out this “messy world of race” people about race is a way to in the courts? and colorblindness—from a take the colorblind metaphor [A] I hope my work will help give legal perspective? seriously in terms of under- the courts pause before using [A] Our courts, particularly the standing whether its underlying colorblindness as an interpretive U.S. Supreme Court, are moving assumption—that blindness tool. Before we give up on the toward colorblindness, which is produces a diminished under- idea of the government using the idea that government should standing of race and inhibits racial categories to atone for not take race into consideration racial antagonisms—is accurate past and ongoing harms done to in any type of decision making— as an empirical matter. minorities, we must appreciate whether it is for benign, beneficial, * * * * the extent to which society is or harmful purposes. Especially [Q] And what’s your view? still reproducing racial ideologies in equal protection jurisprudence, [A] I think colorblindness is a and entrenching racial hier- the court is beginning to conflate noble idea, but so are unicorns archies in ways that can have the government’s use of race for and tooth fairies. The data show harmful effects on these groups. remedial purposes—such as affir- that it is simply a misleading A deeper understanding of these mative action to make up for past and, indeed, harmful way to complexities may lead the court harms that have been perpetu- frame how race plays out in to think twice before giving up ated against a group—with the today’s society. As evidenced in on affirmative action or other invidious use of racial categories my book and research, race isn’t similar initiatives. Otherwise, to subordinate a group. important just because it’s visu- it is complicit in maintaining The basic idea behind color- ally obvious, the sum of mere inequality. blindness is that any consider- physical traits. Rather, it’s impor- Put differently, if blind folks ation of race by the government tant because we’re socialized to are still seeing race and acting is bad and that we will only experience race in a particular on it in a manner that is prob- have a fair, just, and equitable way, to give significance to lematic, you can be sure sighted society once we get beyond certain cues, to orient our lives folks are as well. Race is still race. But for me, the question around certain features and react a central problem in our soci- is, what does it mean to get to those differences. And this ety, and we’re not going to get beyond it? Do we get beyond social aspect is so strong that beyond it by simply sticking our it by, in a sense, having the even blind people “see” race. My head in the sand and acting like court limit the government’s hope is that these research find- it no longer exists. ability to use racial categories ings can help inform and change to address persisting inequali- the conversation about race and ties? Or does government need lead to more thoughtful laws and

UC HASTINGS 33 In Support of Intellectual Inquiry Two dedicated alumni have made major contributions to faculty scholarship

THE Lawrence M. Nagin ’65 in a way that would have the great- Faculty ENRICHMENT FUND est impact,” she says, and he felt In 2008, one year before he died of that helping the faculty pursue their cancer at the age of 67, Lawrence scholarly goals would have a ripple M. Nagin ’65 made a significant gift effect across the entire law school. to UC Hastings that would have a “Larry felt strongly that a faculty far-reaching impact. Over the years, enrichment fund would make a Nagin had always supported his alma broad and deep contribution to the mater, but as his widow, Sherrie, school,” she adds. recalls, the specter of his own mor- Lawrence M. Nagin, who tality made him think about how he achieved enormous success as an could help in a larger way. executive in the aviation industry, His conclusion? Make a $100,000 began his legal career as a deputy gift to establish the Lawrence M. public defender in Los Angeles. Nagin ’65 Faculty Enrichment Fund, After a period in private practice, and encourage his professional col- Nagin joined the Los Angeles City leagues and friends to contribute to Attorney’s office, where he served it. The fund supports the faculty’s as the senior assistant city attorney endeavors in many ways, such as for Los Angeles’ Department of providing research stipends and Airports. His growing knowledge of “Larry felt assistance, underwriting confer- aviation led him to become general ences and symposia, and covering counsel for Flying Tigers, an all- strongly that travel costs. cargo airline. Nagin went on to Reflecting Nagin’s work in the serve as general counsel and a top a faculty 1960s as a criminal defense lawyer for executive at United Airlines and then enrichment fund the indigent and his long-standing US Airways, retiring in 2002. commitment to community service, Nagin always felt grateful to would make a the fund is designated for faculty the law school for making his career projects that address questions of possible. “He found his calling at broad and deep social justice. Those include work by UC Hastings,” Sherrie Nagin says. contribution to Professors Reuel Schiller, Osagie K. “In law school, he found a career

Obasogie, and Lisa Faigman, as well that he felt truly excited about. So he the school.” y as the California Correctional Crisis wanted, in return, to make a major famil — Sherrie Nagin n

conference organized by Professor contribution to UC Hastings.” i g

Hadar Aviram. na

According to Sherrie Nagin, her the husband believed the best way to of

recognize UC Hastings’ role in his y own education was by supporting the faculty. “He wanted to contribute courtes

34 FALL 2013 { engaged scholarship }

“UC Hastings THE Chip W. Robertson ’98 scholarship is central to the school’s faculty RESEARCH FUND intellectual life. So he created an opened many Carl W. “Chip” Robertson ’98 vividly endowment that will support faculty remembers the aha moment that research into perpetuity and has put doors of opportu- made him love being a law student. no restrictions on the types of schol- nity for me. This “I was taking property law with arship he supports. He does not care Professor Jo Carillo,” says Robertson, if the work is conservative or liberal, is a way for me, a principal of Santa Monica–based or anything in between. All he cares Warland Investments and member about is that the money he provides as a member of of UC Hastings’ Board of Directors leads to the direct production of the UC Hastings and UC Hastings Foundation. “One scholarship that will make a contribu- day, she came to class with a bundle tion to the field.” community, to of sticks, which she used to illustrate His generosity also comes with that you can partition property how- a personal touch. When a faculty say thank-you ever you want. Her creativity made it member completes a scholarly work fun to learn. She was the first profes- that Robertson’s fund has helped, to the faculty.” sor who unlocked the law for me, he sends the professor a handwrit- — Chip W. Robertson who brought the study of law to life.” ten note saying he feels privileged As a law student, Robertson to support the work. “UC Hastings had an unusually keen appreciation opened many doors of opportunity of the scholarly work his professors for me,” Robertson explains. “This engaged in. He recognized that their is a way for me, as a member of the research not only made them better UC Hastings community, to say teachers, it also infused the entire thank-you to the faculty and acknowl- institution with an exciting sense edge their contributions. Their active of legal inquiry. So when he found participation in scholarship enhances himself in a position to give back to the institution’s reputation.” UC Hastings, he chose to establish — the Chip W. Robertson ’98 Faculty To learn how you can support Research Fund. engaged scholarship at UC Hastings, With an endowment now in please contact Laura Jackson excess of $250,000, the fund has at [email protected] or supported a wide array of important 415.565.4621. projects since its inception, such as Professor Reuel Schiller’s research into the historical development of labor law and fair employment practices law, and Professor Chimène Keitner’s work on the history of foreign official immunity. The fund also supported Professor Robin Feldman’s 2012 book, Rethinking Patent Rights, and it supported Carillo with the publication of her California community property law

robertson casebook. . w

Professor Evan Lee, UC Hastings’ ip h former dean of research, worked C closely with Robertson to set up of y the endowment. “I had Chip in my criminal law class,” Lee says. “And he understood from a young age that courtes

UC HASTINGS 35 News about your classmates and class colleagues notes

’13 Paul Hastings, where Pilar R. Stillwater, Lisa R. he was a member of the Veasman, Sarah Wessels, Robert Lustig (MSL) is environmental practice Andrew J. Ziaja. the author of Fat Chance: group. Beating the Odds Against ’07 Sugar Processed Food, ’09 Julia Riechert married Obesity and Disease John S. Rueppel writes: Mike Bitondo ’08 in (Hudson Street Press, “I am a founding partner April. Julia is a managing 2012). at O’Neil & Rueppel. We associate at Orrick, ’12 handle primarily estate Herrington & Sutcliffe in planning and trust and its Silicon Valley office. Max D. Norris writes: probate matters around the She practices employment “I was hired by the From left: Allison Riechert Bay Area and sometimes Giese ’09 and Julia Riechert ’07 law at Orrick alongside her Department of Industrial farther afield. Our firm is sister, Allison Riechert Relations, Division 4 years old, and we have a Giese ’09, who is also a of Labor Standards dissolution proceedings, number of large settlements managing associate. Enforcement, to be an child custody, child to our name, including one attorney for the Labor and spousal support, that earned an article in ’06 Commissioner.” prevention of domestic the Bar Association of San violence, guardianships, Amanda Beck writes: ’10 Francisco newspaper.” and nuptial agreements. / “I am enjoying my fifth year at Gagen McCoy in San Francisco-based Reunion Committee: ’08 Raj S. Badhesha Irene Danville, where I practice environmental law and , Robert Rathmell and S. Condella Scott M. business and contract litigation boutique Barg , Rachel Saunders recently Dommes Justin J. Fields, law, civil litigation, and Coffin Lewis & Trapp has , formed Rathmell Saunders, Sarah M. Hooper Susan education law. My husband, added David M. Metres , a law partnership serving H. Joo Teddy K. Miller Matt, and I have two sons, as an associate. David , , Bay Area working families Claudine M. Montecillo A.J. and Owen.” joined the firm from the , in a full spectrum of family Jerome C. Pandell San Francisco office of , law matters including Valerie Bantner Peo,

36 FALL 2013 { class notes }

Parisian wedding, and we once!), and Maisie, 5, is a have a gorgeous two-and- total crackup, so they have a-half-year-old daughter, become very good company. Noemie.” / Emily Holzer I hope all who remember Robinson has a solo family who I am (hint: I worked at law practice in Woodland the library) are doing well. Hills, Calif. She recently had a baby boy, Jordan. ’03 Emily was nominated for Franklin Barr Lebo the 2013 San Fernando earned his PhD this year Valley Business Journal in political science at Gabriel Bellman ’05 Women in Business Kent State University and Franklin Barr Lebo ’03 Awards. is teaching at Baldwin Wallace University in ’05 in employment law. ’04 Berea, Ohio. Two of Gabriel Bellman Emanuel and his wife also has Aldon Bolanos Frank’s co-authored was recently had their third been named to the writers’ recognized as the first publications include child. / Minal Tapadia is cast of Action Fiction, attorney to obtain a “Sino-American Trade finishing up his second and his weekly podcast preliminary injunction to Relations: Privatizing year of orthopedic surgery Film4Thought just topped stop a foreclosure for his Foreign Policy” from residency at UC Irvine. 17,000 listeners. His movie, client under the California Congressional Quarterly /Reunion Committee: The Bellman Equation, will Homeowners Bill of Press and “Development/ Rohini Bali, Douglas M. be distributed worldwide by Rights. Additionally, he Poverty Issues and Foreign Bria, Eileen K. Chauvet, Shami Media this fall. / and wife, Mary, welcomed Policy Analysis” from Ellen A. Fred Diane E. Mariel Chatman , writes: their first daughter, Brooke Blackwell Publishers. / Hardy, Sarah E. Hines, “I am a midlevel associate Caroline, into the world. Jeremy Macrigeanis Constance C. Kim, Scott with an international They reside in Sacramento. writes: “I am a public M. Malzahn, Christofer corporate and capital / Brian Malloy was defender and karaoke C. Nolan, Christopher M. markets practice at selected to Super Lawyers’ master.” / Emanuel Shirazi O’Connor, Bobby Shukla, Shearman & Sterling in Northern California recently opened the Shirazi Eric J. Wersching. Paris. I married Thibaut Rising Stars for 2013. He Law Firm, specializing last year in a typical previously received this ’02 distinction in 2010-2012. Sophia Lau was elevated Brian is with the Brandi to partner at her firm, Law Firm in San Francisco, Early Sullivan Wright where he lives with his Gizer & McRae. wife, Aimee. / Una Kumph Ravaglia writes: “I’m in the ’01 wine country in Santa Rosa Kymberli (Head) Aguilar doing estate planning. So is working as senior counsel if you need a trust (or want at Hanson Bridgett in San to drink some wine) look Francisco. She is happily me up on calbar.ca.gov and married to Danny Aguilar give me a ring! Lorenzo, 7, Thibaut and Mariel Chatman ’05 Una Kumph Ravaglia ’04 and stays busy running just beat me at chess (only with their daughter, Noemie after her 2-year-old

UC HASTINGS 37 { class notes }

Reproductive Justice Scholar Jennifer (Schirmer) Dunn ’98 published two articles in 2013 on issues relat- ing to women’s health and reproductive justice. UCLA Law Review published “After the Choice: Challenging California’s Physician-Only Abortion Restric- tion.” BioMed Central Pregnancy and Childbirth published “A Survey of Access to Trial of Labor in California Hospitals” in 2012, co-authored with UCSF faculty. Her book, Abortion in California: A Medical-Legal Handbook, was published in 2012. Jennifer has been serving as the acting assistant dean of the graduate division at UC Hastings and joins the faculty this fall. She will be teaching courses at the intersection of health sciences and law.

daughter, Dalia. / Robert employment, and other Stiller Kim, specializing employment law issues. Barton co-authored an complex business litigation in employment-based / Karen Tang Milligan MCLE article titled “The matters. In May, Yi-Chin immigration. He joined the was appointed officer/ Double Dipping Debate” in was recognized as one firm’s predecessor in 2004 secretary of the Surety the May issue of California of the 2013 Top Women and has been developing his Claims Association of Lawyer. / Michele Haydel Lawyers in California by expertise in immigration Los Angeles. Gehrke is now counsel the Daily Journal. / Julia law with Steven Stiller ’79. at Seyfarth Shaw in San Mezhinsky Jayne’s firm In addition to his law ’98 Francisco. She specializes has a new name: Jayne practice, Jean is active in Matthew J. Hult writes: in labor and employment Law Group (formerly minority bar associations, “After 14 years at Orrick law. Campbell & Jayne). The including serving as and spending lots of time firm specializes in criminal secretary of the Korean running Orrick’s Taipei ’99 defense, including white American Bar Association office, I moved in-house, Yi-Chin Ho joined Latham collar crime. / Jean of Northern California taking a position at Intel & Watkins’ Los Angeles Kim is a shareholder and treasurer of the as part of Intel’s patent office in March as a partner in the newly formed International Association litigation group. Much in the antitrust/white collar of Korean Lawyers. / investigations department. Hee Young Lee joined Yi-Chin’s practice Kaufman Dolowich & focuses on representing Voluck’s Los Angeles office Taiwanese and Chinese as a partner and manages companies in antitrust and the firm’s insurance practice trade regulation, white in its California offices./ collar and government Gabrielle Handler Marks investigations, class action, recently joined the San unfair competition, patent, Francisco firm of Kelly, trademark, copyright, Hockel & Klein, where trade secret, International she advises and represents

Trade Commission, Gabrielle Handler Marks ’99 employers on a variety of Suzanne Nicholson ’98

38 FALL 2013 { class notes }

less travel means I’m ’96 new baby this summer investment, management, around more—drop me and see others in SF and development company. Karen Mandel writes: a line to reconnect.” / when I visit in August.” / “Hi to everyone. I have Suzanne Nicholson has Helen K. Yi and husband ’93 been working at the been certified by the State James S. Choi welcomed Ann Haberfelde writes: Federal Trade Commission Bar of California Board their second son, Aaron “I have been working since I moved to D.C. in of Legal Specialization David, on April 16. Baby for the last 16 years at 2000. I see Laura Stack in civil appellate law. / Aaron joins big brother the California Court of often—she works at the Sheila Sexton writes: “I Andrew. Helen serves as Appeal, Second Appellate new Consumer Financial live in San Francisco and vice president and general District in Los Angeles, as Protection Bureau after have been representing counsel for the Matteson a senior judicial attorney. several years here with me unions for Beeson, Tayer & Companies, a San I am married to a lawyer, at the FTC. Excited to Bodine since graduation. Mateo-based real estate live in Pasadena, grow roses welcome Molly McKay’s My daughter, who was 4 when we graduated, just completed her freshman year at UC Santa Barbara.” / Reunion Committee: Vernon R. Daley, James L. Day, Deanna W. Dudley, Jennifer T. (Schirmer) Dunn, Shannon Dunne, Stephen W. Erickson, Elisa R. Nadeau, Kai Peters, Stacy K. Stecher, Glenn E. Von Tersch. ’97 Victor Clark Cohen writes: “Recalling that awkward moment in October 2010 as I hosted a wonderful welcoming party for our then new Dean Frank H. Wu in my home when Energy Efficiency my brother announced Judith Hall ’97 is on the board of trustees of the Ronald McDonald House of San Fran- my ‘engagement’ to my cisco, after serving for five years on the board of the Leukemia & Lymphoma Society. girlfriend, Lorena Vilches (a fact that was not as of She is a three-time Ironman triathlete through the Team in Training program and was yet contemplated)! It is named one of the San Francisco Business Times’ Most Influential Women in Business my pleasure to officially in 2013. She is the chief legal officer and general counsel of Recurrent Energy, a solar announce that on May 19 power developer, and has led negotiations of more than $2.5 billion in project financing. we finally became engaged. In 2010, she led the negotiations of the sale of Recurrent Energy to Sharp Corporation. I guess my brother is a Judith resides in Lafayette with her husband, Dr. Paul Nowak, and their son, Dashiell. modern-day soothsayer!”

UC HASTINGS 39 { class notes }

(what else?), visit the nearby Variety’s Impact Report. Justice, a nonprofit law firm Huntington Library, study In May, he was honored by in Miami, as director of California history, and the Hollywood Reporter community relations. The enjoy the warm weather in as a Top 100 Power firm provides legal services the summertime by Lawyer. He was also for vulnerable immigrants grilling outdoors.” / recognized for excellence and advocates for sensible Reunion Committee: by the prestigious law national immigration Susanne M. Aronowitz, firm-ranking publication, reform. Kathleen Cattani, Chambers USA, in its Richard J. Dines, Michael 2013 edition. ’89 Joseph Hudelson, Robert Steve Chanley celebrated K. Perun Anthony D. ’90 , Yvonne Lindgren ’91 the 11th anniversary of Ratner, Paul B. Salvaty, David Draper writes: “I founding the Employer Kenneth R. Van Vleck Advocates Group law firm, . a graduate law student, have retired. My wife and I where he concentrates Yvonne published three law just completed an eight- ’92 on employment law review articles, her most month around-the-world Rob Coelho was promoted adventure and are ready and business litigation. recent in Hastings Law to assistant county counsel to settle down and put the Since leaving Morrison Journal. In addition, her for Santa Clara County. suitcases away for a while.” / & Foerster in Palo Alto, work has been selected to In addition to advising Kevin Hicks Steve has practiced law appear in a forthcoming writes: “My the county’s Board of in San Luis Obispo. He casebook. This fall, she book, Our Easy Life: Supervisors, County lives in Arroyo Grande, will serve as the legal How We Systematically Executive, and department Calif., with his wife, Lori. fellow at the Center for Avoid Chaos, published heads regarding complex They have two children Reproductive Rights and last year, has nothing to legal matters, Rob’s in college. / Leah Kalish Justice at UC Berkeley Law. do with law. It’s about responsibilities include McGarrigle In addition, Yvonne is an the worldwide standards lives in Palo overseeing the County adjunct professor of law at we take for granted—and Alto. She went back to her Counsel’s labor and Golden Gate Law School. how hard our life might be roots as a history major employment law team and / Shawn During her graduate without them.” and conducts legal and its child dependency unit. Britton Joost studies, Yvonne received has joined oral histories. She and her ’91 generous and unwavering Americans for Immigrant husband, Phil, have two support and encouragement college-age daughters, Jeffrey Feldman has his from her husband, Clare and Anna. own securities arbitration Michael Fahrenkrog, practice in San Francisco, ’88 and their three daughters. representing victims of the Peter Dickinson writes: / Matthew Thompson, securities industry from all “On November 11, 2012, an entertainment partner over the world. Jeffrey also I married Julie Gutman, at Stroock & Stroock & recently had his third child, who is a partner at my law Lavan in Century City, Max, who joined siblings firm, Bush Gottlieb Singer earned three major awards Evan and Rachel. / Lopez Kohanski Adelstein This in 2013 for his outstanding Yvonne Lindgren & Dickinson. I have been spring, legal representation. In managing partner since earned a doctorate in law March, Matthew was (JSD) at UC Berkeley Law January. I moved to La named as one of only 50 Matthew Thompson ’91 Crescenta, Calif., in April School (Boalt Hall). As entertainment lawyers for

40 FALL 2013 { class notes }

2012 and saw a bear in our In Memoriam driveway last week.” / Steven E. Fineman Leland M. “Lee” Edman ’51 died on January 7. Of his many writes: “I am the managing achievements as a family man and lawyer, Leland seemed proudest partner of San Francisco- {of these three: his part in having Kaiser Ridge in the Sierra Nevada based Lieff Cabraser declared a wilderness area, thereby preventing clear-cutting; the Heimann & Bernstein, success of his painting and preserving a bit of unspoiled California on one of the nation’s premier canvas; and his years teaching and inspiring students to understand plaintiff-side litigation and care about the Constitution of the United States. firms, resident in the firm’s New York City office. I John Stanton ’59 passed away in Seattle on February 26. As a am the immediate past student at UC Hastings, he supported himself by working as a fire- president of the Public man for the railroads. He spent most of his career in the Kern County Justice Foundation, Office of County Counsel, finishing in 1987 as chief litigator. From which supports one of 1975 to 1984 he was a judge in East Kern County, where he estab- the country’s largest and lished the East Kern Municipal Court in Mojave and presided in most influential public Ridgecrest and Lake Isabella as well. Flying his private plane out of interest law firms. I am the Tehachapi brought him many years of relaxation and happiness. John co-chair of the Securities loved his retirement years in Whidbey Island with his wife of 51 years, Litigation Group of the Millicent. He leaves two sons, Andrew and Ian. American Association for Tak Takei ’61 of Cupertino passed away on January 18 at the age Justice. I live in New York of 82. During World War II, his family was interned at Santa Anita and Washington, Conn., Racetrack and later Topaz Relocation Center in Utah. After being with my wife and three released in 1945, the family returned to San Francisco. Tak gradu- sons.” / Sandra Guttman ated from Lowell High School in San Francisco and UC Berkeley. He Lowenstein is of counsel was drafted into the Army and served with the Military Intelligence at the Walnut Creek firm Service in Japan and Korea. After the Army, he graduated from of Sheldon & Mankin. She UC Hastings and was admitted to practice in 1961. Tak’s career enjoys practicing real estate spanned all three branches of government. He joined the Legislative and business litigation and Counsel of the State of California in 1961, was appointed director of spending time with her the California Department of Consumer Affairs by Gov. Jerry Brown husband and three sons. / in 1975, and was appointed in 1976 to Santa Clara County Superior In January 2012, Mike Court, where he was the first Asian American judge. Tak was also MacPhail became a securities litigation partner one of the first five attorneys of the newly formed Santa Clara County in the Denver office of Office of the Public Defender in 1965. He retired in 1996. Faegre Baker Daniels, a Armand Salese ’71, a Tucson attorney who fought for civil rights, full-service combination of died on April 10. He was 71. His daughter Natalie Gonzalez describes legacy Midwestern firms her father as “always pulling for the underdog. He never looked for Faegre & Benson and fame or money. He was always working to make sure people were / Helen Baker & Daniels. not being mistreated.” Armand worked for Pima County Legal Aid as Olive Milowe writes: “I a county public defender and in private practice. He opened his first practice law in the fields law practice in 1976. of estate planning and trust administration as a (continued on page 42)

UC HASTINGS 41 { class notes }

Inr Memo iam (cont inued) solo at the Law Offices of Helen Olive Milowe Scott Evans Turner ’75 passed away on April 26 in Redwood City. in San Anselmo. My Fayedine Coulter ’76 writes: “Work was never as important to Scott husband, Todd Milowe, as people were. Scott will be remembered for his selfless mentoring } and I have two children, and compassion.” Rachel, 21, and Stephen, 18, who are both attending Thomas C. H. Mills ’76 passed away on February 19. After college in Colorado.” / practicing law in San Francisco, he relocated to New Mexico, where Robert “Bobby” Wallace he practiced for 31 years. He served as general counsel to the New writes: “I continue my Mexico Departments of Tourism and Economic Development and the crazy combination of Spaceport Authority for Spaceport America. He was deputy cabinet law, dance, and drums. I secretary of the Energy, Minerals & Natural Resources Department somehow find the energy under Gov. Bill Richardson before returning to private practice. He to run two California implemented many vital policy changes, but he is well remembered businesses: I spend my for leading the successful battle to amend the anti-donation clause of days with TotalRhythm. the state constitution to create thousands of new jobs in New Mexico. com, specializing in world percussion performances David Scott Wallace ’88 of Orinda passed away on March 23 at and instruction from Brazil, age 49. Although David’s career as an attorney included a partnership Cuba, and West Africa, and at Shapiro, Buchman, Provine and Patton and serving as corporate RobertWallaceLaw.com, counsel for companies such as Syndero Inc. in San Francisco and my solo employment law Los Angeles, his first priority was his family. A devoted husband and practice (23rd year, yikes!) father, he coached Little League and served as a leader in both the representing employees and Cub Scouts and Boy Scouts. David leaves behind his wife of 20 years, employers in a wide range Marta, and their sons, Trevor and James. of workplace disputes. On Gary Brozio ’89 passed away from cancer on April 24. He joined the personal side, my wife, the California Department of Justice in October 1994 as a deputy Anietie Ukpe-Wallace, attorney general. His classmate, Kamala Harris ’89, writes: “What is deep in her studies to meant the most to Gary was mentoring and training newer deputies become a physical therapist. in both substantive law and legal writing. Even while struggling with Daughters Liberty, 13, and cancer, he dedicated the last year to taking new deputies under his Trinity, 10, keep everyone / Paul Yong wing to show them how to be an effective advocate for the people.” laughing.” , vice president of corporate Nadia Holober ’89 passed away in May from cancer. Nadia worked tax at Sempra Energy, for the city of Millbrae for 14 years. She was first elected to the City and his wife, Carol, are Council in 1999 and served as mayor in 2003 and 2004. She was enjoying their third year elected to her third term on the council in 2009, after which she as empty nesters. This fall, served her second term as vice mayor. Nadia is survived by her their son will begin his husband, Richard, and her sons, Ruben and Evan. third year of law school at UCLA and their daughter will begin her senior year at New York University. Paul is a second-year trustee of the UC Hastings

42 FALL 2013 { cas l s notes }

Foundation and co-author became involved through coverage actions involving dog agility in Ireland after of the next edition of the Bay Area’s Tibet claims of breach of contract having several successful Corporate Income Tax Justice Center, which is a and bad faith arising from years in agility in upstate Accounting, published group of lawyers focusing environmental liability New York. I was appointed by Thomson Reuters./ on Tibet. I took a leave claims. He spends as much agility games coach for the Reunion Committee: of absence from Farella time as possible each year Republic of Ireland World Tina W. Combs, Dion N. and in 2008 published traveling with his wife, Agility Team in 2011 and Cominos, Gary P. Downs, a book about the Tibet Vanessa, and is surviving 2012, first in England and John D. Fiero, Gary E. movement, Tibet’s War happily the experience of then in Belgium.” / Jim Green, Gregory Lanier, of Peace. That work led two daughters in college. O’Sullivan has received the Paul J. Laurin, Cynthia to my becoming co-chair 2013 State Bar of Arizona R. Rowland, Sheryl A. of the International Tibet ’83 Continuing Education Traum, Gregory L. Ursich, Network, a coalition Patricia Dunn writes: Award. The State Bar Scott Wilsdon, Kim S. of Tibet groups around “After 10 years as assistant CLE Committee presents Zeldin. the world. So, family, a city attorney with the this award each year to law practice, and saving city of Ithaca, New York, one person who has made ’87 Tibet—that’s been my I retired in 2008 and outstanding contributions Raquel Fox writes: “We life, with my talented and moved to a small town in to the CLE programs of had a great time at the beautiful wife, Louise Ireland. I have been loving the State Bar of Arizona. 25th class reunion and got Francis.” / David Tekell every glorious moment Jim is a shareholder of to meet many other UC was named a Texas Super of retirement and have Tiffany & Bosco, where Hastings alums.” / Alan Lawyer in consumer law been quite active doing he is chair of the firm’s Friedman writes: “I am for 2012 by Super Lawyers all those things I barely business solutions and doing bankruptcy work magazine. In addition to managed to squeeze in mergers and acquisitions and commercial litigation full-time private practice, during my professional life. practice groups. / Reunion at Irell & Manella in David teaches consumer I continued competing in Committee: Phillip A. Newport Beach.” protection law at Baylor ’86 Law School. Dennis Cusack writes: ’85 “My oldest son is about Lola Ellwein and Roger Send Us Your to go to college (and my Moss have formed Pacific younger one is only a year Bridge Mediation, based Class Notes behind him), so it’s time in Napa. The firm delivers Please let us know your latest news to reflect a bit. I’ve been the extensive real estate or information about fellow alumni. at Farella Braun + Martel and business experience You can submit your class notes and in San Francisco since of its principals to photographs (300 dpi) online at graduation. (I actually controversies throughout started working there while Northern California. / [email protected]. Send us at UC Hastings.) I’m a Steve Haskell is a partner your stories! partner now, representing at Berkes Crane Robinson policyholders in commercial & Seal, in Los Angeles, insurance disputes. I also where he practices complex > [email protected] remain active in Tibetan commercial litigation and human rights issues. I routinely handles insurance

UC HASTINGS 43 { class notes }

Davis, Susan J. Harriman, from the University of Puget Tentatively titled Rakes in Nam Y. Lam, Deborah Sound in May, and son Ben Tartan, it is the third book R. Lopez, Larry C. will enter the engineering in her best-selling Clan Lowe, Michael C. Millea, program at Cal Poly, San Kilburn’s Vampires series. Charles D. Novack, Luis Obispo in the fall. James P. O’Sullivan, Mark ’80 Petersen, Michael J. ’81 In May 2012, Michael Fish Smith, Kathlyn E. Snyder. Debra Fink Bogaards left his firm of 21 years to writes: “My husband, join William “Bill” Arnone ’82 Pieter, and I were sworn in ’79 as a partner at Merrill, Allen Bromberger has to practice before the U.S. Arnone & Jones, which just published a book, The Supreme Court. While has served North Bay and Jennifer Keller ’78 Art of Social Enterprise. in Washington, D.C., we San Francisco businesses, Written with Carl Frankel, visited fellow classmates organizations, and courts. / Craig P. Wood it examines how social Virginia “Pat” Prugh individuals for more than writes: “On September 18, enterprises differ from and Damien Walsh ’80 40 years. / . The Workers’ 2012, I commenced practice traditional businesses and Danielle My daughter, Compensation Section of as a sole practitioner. My nonprofits, and it discusses Bogaards ’16 , is a first- the State Bar of California focus continues to be various aspects of running a year law student at UC awarded its Applicant’s transactional real estate law. social enterprise, including Hastings. I am the new Attorney of the Year I am enjoying the freedom legal organization, finance, Mark Gearheart nominating committee Award to and flexibility of being operations, regulatory chair for the UC Hastings at the annual state bar my own boss and working issues, and exits. / Karl Board of Trustees and just meeting in October from my home in Pacific Lucke and his wife, Susan, completed my third century 2012. Mark continues Palisades.” recently celebrated their ride from Carmel, through his work as managing 28th anniversary. Karl Big Sur and ending in partner of Gearheart & ’79 owns a real estate firm and San Simeon.” / Sue Swift Otis, representing injured Susan Gelender Feder is Susan has a public relations recently sold her 17th book employees before the a mediator in Marin and business in Portland. on proposal to famed erotica Workers’ Compensation San Francisco. Her practice Daughter Hanna graduated publisher Ellora’s Cave. Appeals Board and the specializes in general

Civ Pro Luminary Jim Wagstaffe ’80, one of UC Hastings’ most devoted adjunct professors, also has a vibrant appellate practice. This year alone he wrapped up several published cases. In one, he represented the City of San Rafael over the constitutionality of its mobile- home rent regulations. In a second, Graham-Sult et al v. Clainos, he represented the executor of the late Bill Graham’s estate in a suit brought by the music promoter’s sons in both federal District Court and before the Ninth Circuit. Jim gets consistently high marks from students on professor rating sites. A student this year raved, “Take him over any other civ pro teacher!” Another enthused: “Quite frankly, the best professor at UC Hastings. A real litigator and a complete badass.”

44 FALL 2013 { class notes }

commercial, employment, counsel, I retired in 2012. ’75 (Craven Street Books), is and personal injury. When I continue to co-author out now (and for those of Michael Fleming was not mediating, Susan enjoys Seiser & Kumli on you who are wondering, recently named to the speaking Spanish and California Juvenile Courts reviews have been good). board of directors and French and bicycling. / Practice and Procedure Becoming a published as chair of the audit Nicholas Ulmer enters his (LexisNexis), but most author has long been a committee of S&W 30th post-UC Hastings of my time is now spent goal of mine, and I feel Seed Company, based in year in Europe, where he riding my cutting horse; fortunate to have this California. The company continues his international volunteering at a wolf opportunity. My wife, was founded by Grover arbitration practice. center; doing wildlife Pam, and I divide our T. Wickersham ‘76, who surveys based on tracks, time between Fresno serves as the chairman of ’78 scat, and sign; and playing and Carmel.” / Judith the board. Michael was Richard J. Hicks is now with my granddaughter.” Mazia has been appointed recently elected to serve as of counsel with Spaulding / Pennie Sempell writes: to the UC Hastings the chairman of the board McCullough & Tansil in “I recently placed first in a Planned Giving Advisory of Jones Soda Company, Santa Rosa. / Jennifer national dance competition Committee. She serves as based in Seattle. He was Keller and Tom Umberg in rumba, cha-cha, samba, associate director of gift also nominated to serve ’80 have joined forces paso dobles, and jive. I and endowment planning as a member of the UC to establish a new firm, published a Healthier at UCSF and as mediator Hastings Foundation Keller Rackauckas Umberg Happier Life DVD series for the U.S. District Board, effective June 1. / Zipser, in Irvine. The firm that is now in its second Court for the Northern Joel Rubin writes: “I am is devoted exclusively to edition. I am writing a District of California. / pleased to announce that I litigation; the four name book titled Stressed Out Judge Michael Tucevich am now a certified teacher partners have more than Youth: Breaking the Links of Scottsdale writes: “I of Radiant Heart Qigong, 300 jury trials among to Obesity, Lethargy and am nearing retirement and I look forward to them. Jennifer was just Lousy Choices.” / Reunion next year—my 17-year- integrating the principles named again to the Los Committee: Barbara old daughter will be off to of balance and equanimity Angeles and San Francisco Banke, Daniel R. Carl, college and I plan on some to the practice of law.” Top Women Lawyers of Michael R. Davisson, serious single travel as an California list for 2013. Kenneth B. Drost, ’74 empty nester.” Tom is a former member Elizabeth A. England, The Hon.James A. of the California Assembly William Faulkner, John ’73 Ardaiz (ret.) writes: and serves as a colonel in M. Feder, C. Dennis Don W. Atkins writes: “After my retirement the Army Reserves. / Loomis, Bruce Lorman, “After having spent in December 2010 as Effective January 1, Leo Martinez, Nancy C. nearly 30 years with administrative presiding Marilyn Klinger Miller, Mary Noel Pepys. the Wayne County justice of the Fifth became the chair [Detroit] Prosecutor’s District Court of Appeal, emeritus of Sedgwick’s ’76 Office and having retired I embarked on a new career construction practice Victoria McGhee is now from the position of in mediation, arbitration, group. / Gary Seiser managing IP litigation deputy chief, appeals, appellate advice, and writes: “After a career for Shell Oil Company. / I accepted a position as strategic planning. I am of in government service Nell Jessup Newton was Michigan Supreme Court counsel with the firm of as a prosecutor, superior recently reappointed dean commissioner in 2002, Baker Manock & Jensen court commissioner, and of Notre Dame Law School which I still hold.” / in Fresno. My new book, a senior deputy county for a five-year term. Steven Felderstein has Hands Through Stone

UC HASTINGS 45 { class notes }

for the U.S. District Top Appellate Lawyer Court and was one of the original panelists in the San San Francisco trial and appellate lawyer Guy Francisco Bar Association O. Kornblum ’66 has been named a 2013 Top Early Settlement Program. / Rated Lawyer in Appellate Law. Guy has been Patrick Piggott writes: AV Preeminent peer-review rated, the highest “I am in my seventh year rating in legal ability and ethical standards by as dean of Humphreys Martindale Hubbell, since 1971. The second College, Laurence Drivon School of Law, in Stockton. edition of his 2007 book, Negotiating and My wife, Ingela, and I Settling Tort Cases: Getting to Settlement, was celebrate our 49th wedding released earlier this year. anniversary in October, and our seventh grandchild was born in May.” been an adjunct professor Advisory Board. He is the Mediator of the Year by ’68 at the University of the co-author of “Appeals of the San Francisco Trial Gerald Rein writes: “I am a Pacific McGeorge School Tax Decisions,” Chapter Lawyers. Craig represents semiretired country lawyer of Law since 2002. He 18, in Eighth Circuit injured persons and heirs doing estate planning for teaches bankruptcy law Appellate Practice Manual in wrongful death cases. farmers in the Eastern and has taught an advanced (2013). / Howard K. He is an avid cyclist and Washington Columbia seminar course on Chapter Watkins writes: “I was triathlete and completed Basin.” / Reunion 11 reorganizations. / After recently honored by the Bay to Breakers this Committee: Lawrence starting and continuing members of the State year, his 44th in a row. R. Alessio, Donald E. as a trial lawyer, Clyde Legislature and Fresno Bradley, Edward A. Matsui changed his City Council for my ’70 Melia, Guy Rounsaville practice to primarily extensive photographic John T. Nagel writes: Jr., William J. Weir. serving as a mediator. His documentation of life and “After 40-plus years of career was featured several history in Fresno for the plaintiff and defense ’67 years ago in the Honolulu past 40 years. My nearly personal injury work, I Michael Bradbury writes: Star-Bulletin. / Reunion 300,000 photographs will have limited my practice to “I spent almost 34 years Committee: Angelo J. eventually be in an online mediations and arbitrations, in the Ventura County Costanza, Thomas C. archive through the library primarily in the Central District Attorney’s Office, Fallgatter, Thomas E. at Fresno State.” Valley and Central Coast.” the last 24 of which as the Miller, Gary D. Samson, elected DA. Loved every William B. Smith, John ’71 ’69 second of the career and B. Weldon, Kristian D. Craig Needham is a Judge Patrick Mahoney would have paid to do it! Whitten. partner in Needham (ret.) has joined JAMS The next almost 10 years Kepner & Fish in San Jose. as a neutral, handling were spent at Weston- ’72 He was voted Trial Lawyer mediations and arbitrations. Benshoof/Alston & Bird in John P. Barrie was of the Year and received He also serves as special a land use and government selected as a member of a lifetime achievement master and a discovery advocacy practice. Not as the NYU Institute on award from the local Trial referee. He has served as interesting as trying death State and Local Taxation Lawyers. He was awarded an early neutral evaluator penalty cases but rewarding

46 FALL 2013 { class notes }

nevertheless. The last year ’61 football games for 47 meeting at Dwight Rush’s has been spent representing years. He and his wife, apartment on Noe Street John Vlahos continues long-term clients as a sole Martha, enjoy their six and the spirited discussions his 50-plus-year tenure practitioner, an easy slide grandchildren, all of whom with Jack Wickware, Bill as a partner at Hanson into semiretirement.” (plus their parents) live DeMartini, Willy Moore, Bridgett in San Francisco. within 20 minutes of John and Wiley Manuel.” In his spare time, he ’63 and Martha. conducts tours for San Richard Charvat writes: ’42 Francisco City Guides, “I retired as a judge of ’53 Richard Otis White and is a board member the Los Angeles Superior Bruce Geernaert writes: “I specialized in legislation (and former president and Court in 2001. After am still doing some ADR from 1946 to 1978 and performer) of Lamplighters about four years of private mediations and arbitrations, was a two-term adjunct at Music Theatre and the arbitration/mediation, but not so much. I would Evergreen State College in Museum of Performance I moved to Mill Valley love to hear from and about Olympia, Wash. “I would and Design. He has been where my wife, Veronica, classmates. I remember be delighted to hear from the press box play-by-play and I are enjoying fondly our study group contemporaries,” he writes. announcer for Cal home retirement, traveling, and watching those grandchildren grow.” / Mal Dohrman writes: “A little of my history since leaving UC Hastings: I became a deputy district attorney for Santa Barbara County for two years and then went into private practice for many years. At midlife (1991), I needed new challenges, so I took the Hawaii bar exam and set up a law office on the north shore of Kauai. I finally hung up the shingle in 2010. I still remain involved with the church and many nonprofits. It has been and is a great life.” / Reunion Committee: Creature Feature Herbert E. Barker, Richard H. Bryan, Bob Kaster ’63 writes: “It is hard to believe that I have been retired for five years. Richard F. Charvat, It really goes fast. Some assigned judging and a lot of travel, foreign and domes- William D. Gibbs, tic, notwithstanding the close call we had two years ago with the New Zealand James C. Hagedorn , earthquake. I am attaching a photo of one of Ricardo Breceda’s great sculptures Calvin Moorad. in Borrego Springs, Calif. The sculpture is the one on the right.”

UC HASTINGS 47 “This little leprechaun- ADVANCEMENT { } type person dropped out of the sky and let us know it was going to be OK.” —Kris Whitten ’73

One Alumnus’ Generosity Begets Another’s

Kris Whitten ’73 recalls a kindly (if quirky) alumnus’ lifesaving tutorials with a gift to UC Hastings

n the ’60s and ’70s, UC Hastings and let us know it was going to be a deputy attorney general special- was renowned for its 65 Club, OK.” At the time, Jerome Sack ’48 izing in business and tax issues. This I faculty who had reached man- was dean of Lincoln Law School, year, as he commemorates his 40th datory retirement age elsewhere but once a week or so, he put on reunion, he has started a scholarship and continued their careers at the his trademark beret and headed fund in Sack’s name. His hope is that law school. Among students, the to a slightly seedy storefront in other alumni will chip in enough to 65 Club was awe-inspiring, but the the Tenderloin. There, he offered establish a permanent scholarship, professors could be intimidating. tutorials to UC Hastings students with the money going to students “Most of the big schools used the between telling war stories and who help their first-year peers “not Socratic method: We were supposed chewing on cigars. The cost per give up on the law”—just like the to find our own answers,” says Kris student: $1 a session. Whitten godsend dean who helped Whitten Whitten ’73. “We were terrified. never knew why Sack bothered: and his petrified friends. The professors were brilliant, but “He took pity on us, I guess, and they believed that was how you God bless him. The gift he gave us If you would like to support this trained lawyers because that’s how was explaining these concepts in scholarship fund, please visit they were trained.” (To read more plain English.” uchastings.edu/giving or contact about the 65 Club, see page 52.) After graduation, Whitten clerked Kevin Dowling at 415.581.8980 or Lucky for Whitten and his for a federal judge, worked at a law [email protected]. classmates, “this little leprechaun- firm, and then went in-house at Bank type person dropped out of the sky of America. Since 1999, he has been

48 FALL 2013 { ADVANCEMENT }

On October 11, at a gala celebration at the St. Regis San Francisco Hotel, UC Hastings will recognize two alumni and one faculty member for their exceptional achievements.

UC Hastings invites alumni, faculty, and the legal community to celebrate three of the law school’s most compelling success stories. “We are excited to congratulate alumni and faculty who have made important contributions to the legal profession,” says

la Eric Wersching ’03, who is co-chairing the UC Hastings Foundation Gala Committee with Jim Mahoney ’66. UC Hastings will honor the following individuals: a

• Willie L. Brown Jr. ’58 | Political Luminary G An influential figure in California politics for five decades, Willie Brown will be named Alumnus of the Year. He joined the State Assembly in 1964 and was elected speaker in 1980. In 1996, he was elected mayor of San Francisco. Today, he runs the Willie L. Brown Jr. Institute on Politics & Public Service.

• Simona Agnolucci ’06 | Rising Star Attorney Simona Agnolucci will be recognized as Rising Alumna of the Year. An associate at Keker & Van Nest, where she litigates for major firms and tech companies, Agnolucci has an active pro bono practice representing women fleeing gender-based prosecution.

• Roger Park | Distinguished Scholar and Teacher

Honors Professor Roger Park, who joined the faculty in 1995, will be honored as Distinguished Faculty of the Year. An internationally recognized scholar and award-winning teacher, he is an author or co-author of eight books and numerous articles that use interdisciplinary methods to examine evidence law.

Special Honors Gala/Reunion packages are available. Please join UC Hastings for this extraordinary celebration. For more information, contact Rey Alden at 415.565.4667 or [email protected], or go to uchastings.edu/honorsgala.

Sponsors (as of 8/15/2013) • Diamond Level | Diane Wilsey • Gold Level | Cotchett Pitre & McCarthy / Sempra Energy • Silver Level | First American / Greenberg Traurig / Hanson Bridgett / Keker & Van Nest / Loop Capital / The Miller Law Firm / The Ron Conway Family / The Sall Law Firm • Bronze Level | Oz Erickson & Rina Alcalay, PhD / Judicate West and the Hon. C. Robert Jameson (ret.) / Keller Rackauckas Umberg Zipser / Narver Associates / Nelson Davis & Wetzstein / Pachulski Stang Ziehl & Jones / Pandell Law Firm / Reuben, Junius & Rose / Ross Wersching & Wolcott / San Francisco 49ers /

Inaugural Inaugural Sponsors Gala Walkup, Melodia, Kelly & Schoenberger

USI C HA T NGS 49 { ADVANCEMENT }

Banke GIFT inspires Reunion Giving Reunion committee members have worked hard Creative Giving to inspire their classmates to give back. Barbara Banke ’78 is providing a matching gift of up to From establishing $200,000—thereby doubling the impact of gifts from other alumni—to support the UC Hastings reunion challenges to Foundation. “I feel it is important to give back,” she remembering UC Hastings says, “and I want to encourage others, too.” in their estates, alumni You can support your alma mater by contributing to your class Reunion Campaign, which will help have found myriad ways UC Hastings raise $1 million for scholarships, fac- to give back ulty, and campus programs. Members of class years ending in “3” and “8” are invited to celebrate their reunions on Saturday, October 12. The schedule of events includes meals, Barbara Banke ’78 campus tours, cocktails, and an all-years celebration at the Palace Hotel in San Francisco.

For information on reunions and class giving, visit www.uchastings.edu/reunions or contact Robin Drysdale at 415.565.4852 or [email protected].

Planning for the Future UC Hastings’ Legacy Society honors alumni who have included the law school in their estate plans, whether they name UC Hastings in their will or make it a beneficiary of a retirement plan or life insurance policy. These donors often report a sense of satisfaction in knowing they are helping ensure the law school’s financial health for years to come. Such is the case with Steven Felderstein ’73, who recently allocated part of his estate to a fund that will provide ongoing financial support to the law school. “I wanted deserving students to have access to legal education,” he says. “With the nke reduction in state funding of higher education, a a b r

alumni are going to have to pick up the slack, and a rb I am happy to help.” a f b

To learn more about giving opportunities, ourtesy o

visit www.uchastings.edu/legacy. c

50 FALL 2013 { ADVANCEMENT }

$1.25 Million Gift to Fund Grateful alumnus gives back to Scholarships UC Hastings at a crucial time

or each of the next three to offer these scholarships to years, some 25 members outstanding students, we are in F of the entering class will a better position to attract and be awarded renewable scholar- retain the kinds of candidates ships from a new $1.25 million we want to see—students who fund established by an alum- have demonstrated academic nus. The anonymous donor excellence and contribute to chose to support deserving their communities.” students for the full three years Chancellor & Dean Frank of their legal education as a H. Wu adds that such scholar- way “to help those who are less ships are critical to ensuring fortunate attend law school and the law school’s future. “State go on to change the world,” he funding for UC Hastings has says. “There are so many gaps decreased significantly over the between the haves and the past generation, and tuition has have-nots, and the key to clos- increased proportionally,” he ing these gaps is education.” says. “We give out more than The new scholarship fund $15 million in grants and schol- Danielle Bogaards ’16, a recipient of the new three-year scholarship will be used in full within the arships in a typical year. Private next several years. The idea is gifts to support our students “to have an immediate impact,” are our top fundraising priority. explains the donor. “I see it as Deepening our commitment to “I see it as an an investment in human capital. offering access to the highest- investment in I wanted to give back to the quality legal education depends institution that has helped me on scholarships such as these. human capital. in so many ways.” We are extremely grateful for I wanted to give According to Greg Canada, the generosity and vision of back to the assistant dean of admissions, this alumnus.” this gift could not have come at — institution that a more opportune time. “Law For more information about has helped me schools across the board are supporting student scholar- engaged in a fierce competition ships, please contact Laura in so many ways.” for the best students,” Canada Jackson at 415.565.4621 or says. “Now that we are able [email protected].

UC HASTINGS 51 International law expert Stefan Riesenfeld

The 65 Club: A Legacy of Distinguished Scholarship

For 30 years, UC Hastings built an exceptional reputation by hiring great legal professors who had retired from their home institutions

52 fall 2013 { then and now }

After the sudden death of UC Hastings Dean School Dean Roscoe Pound William Simmons in 1940, his successor, David declared in Newsweek that UC Hastings had “the strongest Snodgrass, had to hire faculty on short notice to law faculty in the nation.” teach Simmons’ classes. The only experienced “Dean Snodgrass was bril- teachers available were instructors over the age liant and contrarian,” notes Chancellor & Dean Frank H. of 65 who had been forced to retire from other Wu. “When every other law law schools. Snodgrass hired several of them and school was letting talented went on to recruit many more during World War II, people go because of their age, he recognized that they were when young professors were even harder to find. still terrific teachers and important scholars. The 65 Club put UC Hastings on the map.” What started as a necessity Board; Roger Traynor, chief Professor Emeritus Joseph became a UC Hastings tradi- justice of California; Arthur Grodin recalls that when he tion: the 65 Club. By the end Goldberg, a justice of the U.S. began teaching part time at of the 1940s, the law school Supreme Court; Rollin Morris UC Hastings in 1956, the full- hired only retired scholars and Perkins, a criminal law expert; time faculty members were distinguished jurists over 65 and William Prosser, a leading almost entirely 65ers. “They as full-time faculty members. torts scholar. were remarkable,” he says. Over time, the roster of 65ers By recruiting scholars at the “Many were great teachers and included luminaries such as height of their powers who had productive scholars and writers, William Ray Forrester, law been shut out of other law schools and they were amazingly inter- school dean at Cornell, Tulane, because of mandatory retirement ested in new ideas. They brought r ga and Vanderbilt University; J. rules, UC Hastings became a a great deal to UC Hastings.” d Warren Madden, the first chair national powerhouse. As early They were also, as a rule, ustin E of the National Labor Relations as the mid-1950s, Harvard Law beloved by students, even in the er J anag y of M s e t r u , Co ns o cti olle l c cia From left: Law school dean William Ray Forrester and student; astngs Spe U.S. Supreme Court

UC H Justice Arthur Goldberg

UC HASTINGS 53 { then and now }

rebellious 1960s and ’70s. Grodin remembers watching Warren Eminent and Devoted Scholars Madden, who was in his 70s, running around the field dur- UC Hastings’ distinguished professors are carrying ing student-faculty picnics and on the tradition of the 65 Club by continuing to make touch football games. He adds important contributions long into their careers. that Richard Powell, a 65er Geoffrey Hazard, the Emeritus Thomas E. who was the leading property Miller Distinguished Professor of Law, came to UC law scholar of his time, was sym- Hastings after teaching at Boalt Hall, the University pathetic to students who went of Chicago, Yale, and the University of Pennsylvania. on strike during final exams He is the author of 16 books, including The Moral as a protest against the war in Foundation of American Law. Teaching, he notes, is Vietnam. “He thought we should essential to his scholarship. “My students provoke be willing to postpone final deeper thinking on my part and enable me to work exams,” Grodin says, “to honor out legal rules in various contexts,” he says. their idealism and give them Charles Knapp, the Joseph W. Cotchett time to study.” Distinguished Professor of Law, co-authored Problems According to Professor John in Contract Law with Professor Harry G. Prince. Diamond, who came to UC Formerly the Max E. Greenberg Professor of Contract Hastings in 1980, members of Law at NYU Law School, Knapp says, “The atmosphere the 65 Club—including Traynor, is conducive to thinking and getting work done.” comparative law scholar Rudolf Roger C. Park, the James Edgar Hervey Chair in Schlesinger, constitutional law Litigation, believes that UC Hastings’ support has scholar William Lockhart, facilitated his scholarship, including the Park and and international law expert Lininger “Witness” volume of The New Wigmore. Stefan Riesenfeld—were After 23 years on the faculty of the University of “welcoming and engaged in Minnesota Law School, he came to UC Hastings the academic community. They in 1995, he says, “because so many distinguished were awe-inspiring to be with.” people had come here in late career.” John Leshy, the Harry D. Sunderland Distinguished Professor of Real Property Law, was previously solicitor of the U.S. Department of the Interior during the Clinton administration. The author of many articles and books, including Federal Public Land and Resources Law, Leshy appreciates that UC Hastings embraces a wide range of scholars. “The faculty here has a big tent,” he notes. The law school also provides a supportive base for action-oriented research, says Distinguished Professor Joan C. Williams. The author of many books and articles on work-life balance, she credits the Torts scholar William Prosser college with helping her “create change in the world.”

54 FAll 2013 { then and now }

“They were great minds— not great egos—who laid the groundwork for the future by bringing in a broader range of faculty.”— Chancellor & Dean Emeritus Mary Kay Kane

They were also very open to said what they wanted to say.” change. In the early 1970s, it The members of the 65 Club, was the 65ers who determined she adds, cared deeply about that UC Hastings needed a more the institution. “They were great diverse faculty, including young minds—not great egos—who professors with current skills laid the groundwork for the future across a broad spectrum of legal by bringing in a broader range scholarship. of faculty.” When Chancellor & Dean Although the heyday of the Emeritus Mary Kay Kane joined 65 Club was over by the mid- From top: Constitutional law scholar the faculty in 1977, she notes, ’70s, its end came in 1994, when William Lockhart, UC Hastings Dean David Snodgrass, former Chief Justice 75 percent of the professors were Congress ended mandatory of California Roger Traynor (right) 65ers. “We didn’t agree on every- retirement for tenured professors. thing,” she recalls, “but there The pool of available luminaries was no infighting or jockeying over 65 evaporated once schol- for position. Faculty members ars were able to keep working worked collegially, collabora- at their home institutions. Still, tively, and honestly stood up and while the era of the 65 Club had ended, its legacy continued. As dean of UC Hastings from 1993 to 2006, Kane converted 65er positions to distinguished professorships. “The 65 Club had a huge their game for 40 years. Today, impact,” she says. “It trans- it’s a different world, but stu- formed UC Hastings into a dents are still benefiting from national institution. It gave the extraordinary scholarship students dramatic opportunities of distinguished professors, as for a deeper and broader learn- well as teachers who will be the J. Warren Madden, chair of the ing experience, with faculty luminaries of the future.” National Labor Relations Board who had been at the top of

UC HASTINGS 55 { student organizations }

ver the past decade, journal notes by UC Student Research Cited OHastings students have been cited more than 65 times in Courts Nationwide by federal and state appellate Having their journal notes cited by judges across the country courts and trial judges around is an unparalleled honor for these recent graduates the country. This recognition reveals just how much impact student-run journals can have Pennsylvania and Texas. His McLaughlin is being modest. on the adjudication of cases in work also was cited by Judge Citation by appellate judges “is courts at every level. Merrick B. Garland of the U.S. a crowning accomplishment of For Kevin McLaughlin ’07, Court of Appeals for the District any academic or legal scholar,” having his scholarship cited by of Columbia Circuit writing explains Dustin Ingraham ’14, several courts was a highlight of for the panel in ACLU v. U.S. editor-in-chief of the Hastings his student career. His 2007 note Department of Justice, which Constitutional Law Quarterly. on Fourth Amendment impli- required the release of govern- Jesse P. Basbaum ’10, writ- cations of cellphone-location ment phone-tracking records to ing for the Hastings Law Journal, tracking, which appeared in the ACLU. “It is a bit of a feather found his note on sentencing the Hastings Communication in the cap,” says McLaughlin, guideline inequities in child & Entertainment Law Journal, now an attorney with Meyers pornography cases cited by the was cited by District Courts in Nave in Oakland. Ninth and Fourth U.S. Circuit Courts of Appeal, as well as by a

Kevin McLaughlin ’07 District Court in New York. Basbaum, who has been clerking on the Ninth Circuit this year, says it is “exciting to see my work have some concrete effect on the development of legal doctrine.” Sophia S. Chang ’09 saw her 2009 note in the CLQ on post-conviction DNA exon- eration cited twice in dissent by Washington State Supreme Court Justice Tom Chambers. Ingraham points out that “to be cited places your work among the most prominent scholarship in the field.”

56 Fall 2013

Legacy Society members ensure support for future students, faculty members, Redefining centers, and programs by naming the LAW school as Legal a beneficiary in their trusts, wills, retirement funds, and Education life insurance policies.

Everything we do is for the benefit of Grateful our students. Most importantly, we for the top legal education “must continue our adaptation to the you received at UC Hastings, changing marketplaces for legal which has had a significant services and higher education.” impact on your livelihood? —Chancellor & Dean Frank H. Wu

UC Hastings Planned Giving

To learn more about how you can benefit financially and remember UC Hastings in your estate, email [email protected] or call 415.565.4621.

UC HASTINGS 57 Nonprofit Organization U.S. Postage PAID Salt Lake City, UT Permit No. 621

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all alumni invited UC hastings honors gala OCTOBER 11

Reunion 2013! OCTOBER 12

The classes of 1963, 1968, 1973, 1978, 1983, 1988, 1993, 1998, 2003, and 2008 will all celebrate their reunions For more information on the at the Palace Hotel in San Francisco Honors Gala and reunions, visit www.uchastings.edu/alumni on Saturday, October 12. or call 415.565.4667. Yes! Count me in.

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Donor Recognition Levels: Founder $1,000,000 and above Chancellor’s Council $500,000 – $999,999 Dean’s Circle $100,000 – $499,999 Leader $50,000 – $99,999 Partner $10,000 – $49,999 Esquire $5,000 – $9,999 Associate $2,500 – $4,999 Scholar $1,000 – $2,499 Fellow Up to $999

For information on giving opportunities, visit www.uchastings.edu/giving. m1 ing ing Re E our students. we Most important, must “ continue our adaptation to the chang- d Everything we do for is Everything the benefit of —Chancellor & Dean Frank H. Wu H. Frank &Dean —Chancellor d u services and higher education.” higher and services e c ing marketplaces for legal f a Leg in t i o a n l

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