Perspectives the MAGAZINE for the UNIVERSITY of MINNESOTA LAW SCHOOL PERSPECTIVES the MAGAZINE for the UNIVERSITY of MINNESOTA LAW SCHOOL

FALL 2013 NONPROFIT ORG. U.S. POSTAGE FALL 2013 421 Mondale Hall PAID 229 19th Avenue South TWIN CITIES, MN Minneapolis, MN 55455 PERMIT NO. 90155 Perspectives THE MAGAZINE FOR THE UNIVERSITY OF MINNESOTA LAW SCHOOL PERSPECTIVES THE MAGAZINE FOR THE UNIVERSITY OF MINNESOTA LAW SCHOOL

PLEASE JOIN US AS WE CELEBRATE THE LAW SCHOOL AND ITS ALUMNI DURING A WEEKEND OF ACTIVITIES FOR THE ENTIRE LAW SCHOOL COMMUNITY. IN THIS ISSUE

Law in Practice Course Gives 1Ls a Jump-Start

Law School Celebrates 125 Years

Theory in Practice: Steve Befort (’74)

Alumni News, Profiles and Class Notes Pre-1959 1979

1994 2004

Spring Alumni Weekend is about returning FRIDAY, APRIL 25: to remember your years at the Law School All-Alumni Cocktail Reception and the friendships you built here. We SATURDAY, APRIL 26: encourage those of you with class reunions Alumni Breakfast, CLE, Career Workshop, in 2014 to honor your special milestone Pre-1964 Luncheon, and Individual Class Reunions by making an increased gift or pledge to EARTH, WIND the Law School this year. Special reunion events will be held for the classes of: 1964, 1969, 1974, 1979, 1984, 1989, 1994, 1999, 2004, and 2009

law.umn.edu & LAWYERS For additional information, or if you are interested in participating in the planning of your class reunion, please contact Dinah Zebot, Director of Alumni Relations & Annual Giving, at 612.626.8671 or [email protected] The Evolving Challenges of Environmental Law www.community.law.umn.edu/saw DEAN BOARD OF ADVISORS David Wippman James L. Chosy (’89) William E. Drake (’66) ASSISTANT DEAN AND CHIEF OF STAFF John F. Hartmann (’87) Nora Klaphake Catharine F. Haukedahl (’79) Joan D. Humes (’90) DIRECTOR OF COMMUNICATIONS E. Michael Johnson (’91) Cynthia Huff Jay Kim (’88) Thank you, Partners at Work Lynn S. Krominga (’74) EDITOR AND WRITER Jeannine L. Lee (’81) (Chair) Jeff Johnson Marshall S. Lichty (’02) K. Thor Lundgren (’74) COMMUNICATIONS ASSOCIATE Rebecca Egge Moos (’77) Thank you to all volunteers, alumni, GROUP 1 (5-9 ALUMNI) Valerie Figlmiller Daniel W. McDonald (’85) organizations, and firms that participated Cyrus A. Morton (’98) in the sixth annual Partners at Work • Gaskins Bennett Birrell Schupp 100% DIRECTOR OF ADVANCEMENT Dennis L. T. Nguyen (’98) Michael Tompos David B. Potter (’80) challenge, which ended on June 30, 2013. • Kaplan, Strangis and Kaplan 100% Roshan N. Rajkumar (’00) Overall, 61% of alumni at 34 organizations • Lind, Jensen, Sullivan & Peterson 100% DIRECTOR OF ALUMNI RELATIONS The Honorable James M. made a gift to the Law School. AND ANNUAL GIVING Rosenbaum (’69) • O’Melveny & Myers 100% The Partners at Work challenge is a Dinah C. Zebot Lisa A. Rotenberg (’85) • Schwebel, Goetz & Sieben 100% friendly competition to increase alumni Amy C. Seidel (’98) • Zimmerman and Reed 100% CONTRIBUTING WRITERS Joseph P. Sullivan (’67) Perspectives is a general interest magazine published in the fall and giving participation at organizations Alex Dyste The Honorable John R. Tunheim (’80) spring of the academic year for the University of Minnesota Law School that employ five or more University Kathy Graves Kevin Warren community of alumni, friends, and supporters. Letters to the editor GROUP 2 (10-24 ALUMNI) of Minnesota Law School alumni. Karen K. Hansen or any other communication regarding content should be sent to Alan K. Haynes Cynthia Huff ([email protected]), Director of Communications, A special thank-you to • Anthony Ostlund Baer & Louwagie 100% Joan Howland University of Minnesota Law School, 229 19th Avenue South, • Bassford Remele 89% Cathy Madison 421 Mondale Hall, Minneapolis, MN 55455 those organizations that Todd Melby • Merchant & Gould 84% Matt Norris finished at the top of The University of Minnesota shall provide equal access to and • Gibson, Dunn & Crutcher 83% Nicole Smiley each respective group > Robert Stein opportunity in its programs, facilities, and employment without regard • Larkin Hoffman Daly & Lindgren 82% Andy Steiner to race, color, creed, religion, national origin, gender, age, marital status, disability, public assistance status, veteran status, sexual COVER ILLUSTRATION orientation, gender identity, or gender expression. GROUP 3 (25 OR MORE ALUMNI) Stephen Webster ©2013 by University of Minnesota Law School PHOTOGRAPHERS • Oppenheimer Wolff & Donnelly 87% Rick Dublin • Lindquist & Vennum 78% CORRECTIONS AND CLARIFICATIONS International Bar Association • Faegre Baker Daniels 77% Josh Kohanek On page 48 of our spring 2013 issue, we inadvertently ran the wrong Emily Marshall photograph. It should have featured Justice Paul Anderson (‘68) and • Fredrikson & Byron 77% David Naylor Judge James Rosenbaum (‘69), as stated in the caption. We regret the • Leonard, Street and Deinard 67% Tony Nelson error. Tim Rummelhoff

DESIGNER Launch Lab Creative For the full results of the Partners at Work challenge, go to www.law.umn.edu/generations/partners-at-work.html. CELEBRATING THE PAST, COMMITTING TO THE FUTURE

ast month, the Law School celebrated 125 years of outstanding legal education by sponsoring both academic and social activities. On Monday, September 30, A. Douglas Melamed, senior vice president and general counsel of Intel Corporation, delivered the LLockhart Lecture, “Lawyers as Conflict Engineers.” On Friday, October 4, I had the pleasure of discussing the future of legal education in a forum that also included former deans Robert A. Stein (’61), Guy Charles, and Fred Morrison. Associate Dean Joan Howland served as moderator. The week concluded with a gala dinner at the McNamara Alumni Center. I want to thank all of you who attended these events. More than 500 people joined us for the gala, and the sense of pride and celebration was palpable. As I noted at the anniversary dinner, in 1888, the idea of establishing a law school at the University of Minnesota did not draw many adherents. The regents were warned that the time was not right and that a new law school would likely lead “a miserable, dwarfish, stunted existence.” When the regents did agree to establish the school, it was on condition that it be financially self-sufficient. For its first 23 years, the Law School relied almost entirely on student tuition and fees. And students were hard to come by. At that time, anyone 21 or older could become a lawyer simply by passing a state examination. So the new law school had to prove its worth to a skeptical public. At the outset, anyone with a high-school education (and some without) DEAN DAVID WIPPMAN could get in. Thirty-two students applied in 1888; 32 were admitted. All 32 enrolled, but their combined tuition totaled less than half of the dean’s salary. So Dean Pattee had to launch a night program just to break even. Since then, the Law School has followed a long upward climb to national prominence. Today it is widely recognized as one of the country’s premier public law schools. But that upward climb has not been without setbacks. From 1911 to 1919, the Law School’s graduating class shrank from 101 to 12, the result of World War I and the 1918 flu epidemic. During World War II, the graduating class fell from 154 in 1940 to 17 in 1944, before rebounding to 261 in 1950. In the past few years, law school applications have plummeted across the country, and we have reduced the size of our entering classes in response. The decline in applications reflects growing concern about the continuing tight job market and the high levels of debt incurred by most law students. Still, by almost any standard, legal education remains an outstanding investment for most students. The job market has improved, if only modestly. In time, applications will likely grow as well. As I look to the future, I see new alliances with local organizations and businesses. As just one example, we recently announced a generous gift from the Robina Foundation to create a Center for New Americans. The center will run a federal litigation clinic, a detainee rights clinic, and an asylum clinic, in collaboration with local law firms and nonprofits. This center is the first of its kind among law schools and an example of how we are building upon our history of innovation and public service. You can read about other examples in the pages of this magazine. The Law School’s history is one to celebrate. As we head into a new era of legal education, we will continue to build upon the strength and commitment of our alumni, faculty, students, and staff.

Best wishes for the holiday season.

David Wippman Dean and William S. Pattee Professor of Law

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303005_guts_01-03_B.indd 1 11/25/13 11:38 AM Contents

26EARTH, WIND & LAWYERS The Evolving Challenges of Environmental Law

By Cathy Madison Illustration by Stephen Webster

32 THEORY AT WORK 34 GIFTS TO GENERATIONS Stephen Befort (’74) Robina Foundation: Pledging New Support • Class of 1963: A 50th Reunion and a Record- setting Class Gift • An Anonymous Donor Gives Back

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303005_guts_01-03_B.indd 2 11/25/13 11:38 AM 1 DEAN’S PERSPECTIVE Celebrating the Past, Committing to the Future 4 AT THE LAW SCHOOL 4 1L Course Brings Doctrine and Theory to Life 7 Law Clinics Celebrate Centennial by Serving Veterans • Robina In Conversation Series Examines Ethical Implications of Brain Science 4 8 The Law School’s 125th Class: 2013 Commencement Ceremonies 11 The Nuremberg Trials and the World’s Response to Genocide • Save the Dates 2014! • Walter Mondale (’56) Delivers Inaugural Stein Lecture • Law School Hosts a Reception for Colombian Partners 12 Oriented Toward Law School Success 13 Law and Inequality Revisits Gideon v. Wainwright 50 Years Later 14 Career Center Helps Students Navigate Tight Job Market 15 Uppsala University and Law School Mark 30-Year Partnership • Human Rights Center Celebrates Its 25th Year 16 Staff News 18 Economist Tyler Cowen Delivers John Dewey Lecture • Super CLE Week XXXIV 19 24 Minnesota Law Review Explores the Future of Organized Labor 20 Law School Launches Mock Trial Scholars Program • Target Corporation Provides Funding for Diverse Law Student Scholarship 21 Special Section: 125th Anniversary Celebration History of the Law School Insert 22 A. Douglas Melamed Presents William Lockhart Lecture 23 Deans Discuss the Future of Legal Education 24 Gala Celebration 25 Alumni Making a Difference 36 FACULTY PERSPECTIVE 36 Faculty Awards, Grants and News 39 New and Visiting Faculty Members 43 40 Professor Stein (’61) Co-Chairs Rule of Law Symposium • Faculty Works in Progress 41 Public Law Workshops • Save the Dates! 42 Faculty Books • Theory at Work Update • Legal History Workshops 43 Faculty Profile: Fred L. Morrison 44 STUDENT PERSPECTIVE 44 Student Profiles 47 TORT Save the Date for “Clue: A Murder Mystery in Mondale” 48 Student News and Awards 49 New Student Organizations 50 ALUMNI PERSPECTIVE 50 Alumni Profiles 44 53 Alumni News and Awards 57 Upcoming Events • Welcome to the Bar 58 Class Notes 61 Recent Graduate and Student Reception 62 Alumni Connect Nationwide • Ski-U-Mania 63 Partners in Excellence National Chair Letter 64 Alumni Tributes • In Memoriam

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1L COURSE BRINGS DOCTRINE AND THEORY TO LIFE

THE UNIVERSITY OF LiP combines “law firm” classes provided by the Standardized Patient Minnesota Law School’s Law in taught by full-time faculty with Program at the University of Practice course (LiP) is emerging as simulations in small “practice Minnesota Medical School and one of the most significant curricular groups” led by adjunct faculty who represent various ages to mimic innovations in recent years. The are practicing attorneys. Students the imbalance in age and life required course for first-year take and defend a deposition and, experience that young attorneys students is designed to help them in groups of two, engage in client will face in relating to people in their apply their growing knowledge of or witness interviews, client counsel- first years of practice. Importantly, legal doctrine to the practice of law, ing and negotiation simulations. LiP includes both litigation and says associate professor Prentiss Cox Students also complete either a transactional case files. (’90), who designed the course with simulated conference in the chambers Cox and Thomas say LiP teaches associate professor of clinical instruc- of a local judge or engage in a students to think critically and to tion Laura Thomas. simulated mediation conducted by manage the uncertainty involved in “Legal doctrine and reasoning a qualified neutral. the practice of law. “This course helps are at the center of this course, but The unique course materials students think holistically about legal the focus is on how you use law to include an e-textbook written by situations, to be nimble and respon- solve problems,” says Cox. “We are Cox and Thomas, extensive simulated sive and to make strategic decisions in not layering on practice skills as a case files, and professionally made that complex and uncertain process separate path of study; rather, we’re videos of attorneys modeling skills of applying legal doctrine,” says bringing practice concerns into the related to the simulations. The clients Thomas. core of the curriculum.” and witnesses in the simulations are The course is designed with an

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303005_guts_04-25_B.indd 4 11/25/13 11:39 AM 4 Judge Duane Benton visits with Claudia Melo from the 6 Left to right: Bill Drake Career Center and others after 2 Left to right: 8th Circuit (’66) and Former Minnesota hearing oral arguments at the Court of Appeals Judges 3 Wheelock Whitney Jr. Supreme Court Chief Justice Law School 1 Joe O’Neill (’56) and Lavenski R. Smith, Kermit E. and former Minnesota Supreme Russell Anderson (’68) visit Katherine Hedin at her Bye and Duane Benton heard Court Chief Justice Kathleen 5 Professors Brett McDonnell with A. Douglas Melamed at retirement reception oral arguments at the Law Blatz (’84) at the Law School’s and Robert Kudrle at the the reception following June 25 School in October 125th gala dinner Dewey Lecture reception Melamed’s Lockhart Lecture

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understanding that legal analysis, fact Unique course, optimal sweet spot for simulation learning,” development and client role are timing says Thomas. “It helps students inseparable. “Mastering the iterative While demand for experiential understand how to apply what they dynamic between fact gathering and education at law schools has increased have learned in the first semester. It legal analysis, then placing the client in recent years, this course is unique also gives them a leg up for their first in the center of that dynamic, is a in its design, says Pamela Siege summer work experience, and it critical practice competency for law Chandler (’95), vice president and accelerates learning in their second- students, but it is rarely taught in law publisher at West Academic, which and third-year classes.” school,” Cox says. has published the materials for LiP Joshua Colburn (’08), an associate Cox and Thomas also emphasize and is now marketing them nation- in the corporate practice group at that a specific sequencing of experi- ally. “The way Prentiss and Laura are Faegre Baker Daniels in Minneapolis ence and a commitment to exploring using a combination of text, video and an adjunct faculty member for both litigation and transactional cases and simulated learning with adjunct LiP, says, “Those of us who teach in make this course unique and valuable faculty offers a turnkey solution to this course have said the same thing: to a legal education. “This course offering experiential learning in the We wish something like this would demystifies certain tasks that lawyers classroom,” Chandler says. “It’s not have been offered when we were in do on a daily basis,” says Thomas. “It like teaching skills in a vacuum; law school.” Colburn points out that helps [students] understand fact rather, it’s letting students apply the most law schools have responded to development in a case and how facts theory they have learned in the first the demand for experiential learning may change as the case progresses. It semester to real-world situations. I by adding practical skills courses in also teaches them to understand the don’t know of anything else like this the third year. “It’s too little, too late strengths and weaknesses of their course in the legal education market.” by then,” he says. “By the third year, client’s position under the applicable The fact that LiP is required for most students have had one or two law.” This demonstrates, Cox says, first-year students is unique, but significant summer work experiences. “where lawyers add value: in that equally important is that it is taught By requiring this course in the first transformation of legal knowledge in the second semester of a student’s year, it gives students an advantage. into practical expertise.” first year in law school. “That is a Plus, it has a multiplier effect by CONT >

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file, gave him added perspective. “Law school is really litigation- oriented, but this course gave us extensive insight into transactional law. I really enjoyed figuring out how to get to a good solution for both parties.” For Eric Jeonghyuk Choi, a second-year student from South Korea, the course provided a somewhat different and unexpected value: “English is my second language, so it was stressful and burdensome for me

PROFESSORS LAURA THOMAS to prepare for my simulations. But AND PRENTISS COX (’90) when I started working at a firm this past summer in Korea on a wide range of problems, from personal < CONT influencing every course a student similar deposition in her summer injury to the crash of the Korean takes after LiP.” associate position. “I knew what to do airliner in San Francisco, I had because I had just done it. The confidence. I knew how to prepare. I Positive responses from preparation from LiP was very knew how to do discovery. Basically I students and employers relevant, very useful.” knew what to expect. The simulations Evaluations done after the course was Paller-Rzepka says the post-simula- in LiP take the fear out of you.” Choi introduced in spring 2013 showed tion feedback provided by practicing said learning to prepare and speak that 63% of students said LiP was attorneys was equally valuable. “We with confidence also has helped in “very helpful” and 32% said it was heard everything from ‘You talked interviewing with employers. “helpful.” For second-year student too fast’ to ‘You forgot to introduce Colburn, too, sees significant value Alicia Paller-Rzepka, the course was yourself’ to ‘What might have for employers. “Having served in a invaluable in preparing her for a happened if you had approached it recruiting role at Faegre, I can summer position with Hogan Lovells. this way?’” honestly say I would be much more “A huge benefit of LiP was teaching David Pabian, also in his second comfortable with a new associate if I us how to think about all the parties year, says LiP allowed him to enter his knew he or she had taken this course. involved in a case—their motives, summer job at the Hennepin County I would know they had opportunities their approaches—and how, in the Attorney’s Office with an under- to make mistakes and learn from end, we could get to a favorable standing of the strategy behind those mistakes in a simulation. In decision,” says Paller-Rzepka. “The negotiations. “It really helped that in other words, they aren’t molding their simulations were fabulous in teaching LiP I had the opportunity to simulate theory of practice on the fly with live us how to prepare, whether for a that adversarial situation. And it was clients.” mock client interview, deposition or especially good that the first time I conference with a judge.” A few had to do it was in a simulated Looking to a national market weeks after finishing a deposition situation, not with a live client.” Given the national demand for simulation in class, Paller-Rzepka says Pabian said the second half of LiP, increased experiential learning, she found herself prepping for a which focused on a transactional case Chandler says that West Academic has moved quickly to market the course e-textbook, materials and videos to law schools across the country. “This is a really thoughtful THANK YOU AND CALL FOR VOLUNTEERS and fully packaged course,” she says. “It works for students, law schools and employers.” This course has evolved over the past four years through the efforts Colburn agrees. “Whether you of many faculty and administrators. The Law School is grateful for the work in a big firm, or in-house help of so many in the community—including judges, local attorneys and counsel or public service, this course West Academic—who have contributed their time and efforts to making is going to serve you well.” this course truly unique and valuable for our students. By Kathy Graves, a IF YOU WOULD LIKE TO VOLUNTEER TO THE PROGRAM, Minneapolis-based writer PLEASE CONTACT [email protected].

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LAW CLINICS CELEBRATE CENTENNIAL BY SERVING VETERANS

THE UNIVERSITY OF MINNESOTA LAW CLINIC PROGRAM CELEBRATED ITS 100th ANNIVERSARY THIS PAST JUNE WITH TWO EVENTS THAT EMBODIED ITS DEDICATION TO STUDENTS AND COMMUNITY.

On Saturday, June 8, the clinics sponsored a free CLE ing and Consumer Fraud and Abuse Prevention Act, event, “Serving Those Who Served Us,” which focused on and a variety of federal credit protection statutes. legal issues commonly faced by veterans. Held at the >The second event was a free drop-in legal aid clinic, Law School, the CLE was attended by more than 60 conducted with the invaluable help of the Minnesota alumni, former law clinic students and local attorneys Assistance Council for Veterans. On June 11 at the VA interested in working with veterans. Presenters included Medical Center in Minneapolis, a team of volunteers— Brock Hunter (’97), a criminal defense attorney in private law clinic faculty and staff, local attorneys, and Law practice; Sara Sommarstrom (’05), Vetlaw director at the School students—offered legal assistance to more than Minnesota Assistance Council for Veterans; and Ana 50 veterans and their families. The attorneys provided Voss, assistant United States attorney for the District of advice on a wide variety of legal matters, from child Minnesota and an adjunct professor in the Civil Rights support and custody to living wills, from promissory Enforcement Clinic. Hunter’s presentation, “Echoes of notes to firearms permits. Students and clinic staff War,” was a riveting look at representing psychologically processed intakes and, in some cases, did a little child- injured veterans of the wars in Iraq and Afghanistan. care while parents spoke with lawyers. Sommarstrom spoke on “The Nuts and Bolts of Vetlaw The Law Clinic Program extends its thanks to all who Clinics”—layout, client flow, resources, services, and helped celebrate its first century of commitment to Law more. Voss concluded the program with an overview of School students and the people of Minnesota. federal laws bearing on veterans’ issues, including SCRA, FTCAct, Fair Debt Collection Practices Act, Telemarket- By Nicole Smiley, a Law Clinic administrator

ROBINA IN CONVERSATION SERIES EXAMINES ETHICAL IMPLICATIONS OF BRAIN SCIENCE

ON SEPT. 26, We?” at the Law School. Biosciences, and Michael Caldwell, the Robina The free event, the latest install- senior staff psychologist at the Institute of ment of the Robina In Conversation University of Wisconsin’s Mendota Criminal Law series, was one of the first such Juvenile Treatment Center. and Criminal forums in the world to consider Professor Francis Shen (pictured Justice held the legal and ethical implications at left) of the Law School co-orga- a public forum of using brain science for offender nized and moderated the discussion. called “Treating treatment. It featured Professor For more information the Criminal Hank Greely, director of Stanford about other Institute events Offender Brain: Can We? Should University’s Center for Law and go to robinainstitute.org.

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THE LAW SCHOOL’S 125TH CLASS: 2013 COMMENCEMENT CEREMONIES

THE UNIVERSITY OF lished by family and friends in honor Volunteer Lawyers Network, com- Minnesota Law School held its 125th of the late Professor Stanley V. Kinyon pleted a judicial externship, and commencement ceremony May 18, (’33), a recognized commercial law interned with the Equal Employment at Mariucci Arena. Dean David scholar and member of the Law Opportunity Commission. She Wippman welcomed the class of School faculty for 40 years. This participated in the Immigration and 2013, their families and friends, and year’s awards were given to: Human Rights Clinic as a student several special guests: University Robert A. Stein (’61): attorney and served as a student regent Thomas Devine, executive Overall Teacher of the Year director as a 3L. She was active in vice president/principal of the Ruth Okediji: student groups and served as a board David Agency; Karen Hanson, the Tenured Teacher of the Year member for the Indian Services Project University’s senior vice president for Perry Moriearty: and Latino Law Students Association. academic affairs and provost; and Clinical Teacher of the Year She helped lead a Spanish Model Minnesota Governor Mark Dayton, Sara Peterson: United Nations Conference and used who delivered the keynote address. Adjunct Teacher of the Year creative writing to encourage middle In his opening remarks, Dean school students in Phoenix to pursue Wippman emphasized that the value of Student Awards higher education. a legal education is in preparing Three special student awards also The Outstanding Contribution students to undertake the reasoning were presented at the commence- Award went to Christopher Schmitter, and analysis necessary to illuminate ment ceremonies. Paige Starkey and who was elected to Law Council for a complex questions in ways that make Kim Prchal, members of the two-year term and was Law Council the rule of law both possible and Graduation Committee, presented treasurer during his 2L year. Chris was invaluable. He encouraged graduates to two of the awards, whose recipients on the board of Common Grounds look to both their left and right, saying, were selected by the graduating class and the Law School Democrats, “Seated next to you are future leaders for exceptional contributions inside serving as co-president of the group of the bench and bar, of government, and outside the classroom during the as a 2L. He was active in the Mis- business and nonprofits. In all likeli- three years of study. demeanor Prosecution and Defense hood, you will be one of those leaders.” The Excellence in Public Service clinics and served as student director of Award went to Claudia Vincze Turcean the Prosecution Clinic. He worked as a Faculty Awards for her volunteer and nonprofit legal research assistant for Professors Parisi After introducing the faculty to work with the Asylum Law Project, and Hickman, and received an Upper the commencement audience, Dean the Florence Immigrant and Refugee Midwest Human Rights Fellowship Wippman presented the annual Project in Arizona, and Southern during his 1L summer to work in the Stanley V. Kinyon Teaching Awards Minnesota Regional Legal Services. Department of Justice’s Civil Rights for Excellence in Education, estab- Claudia also volunteered with the Division. Chris was a member of the

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Minnesota Law Review and was Dean Wippman also called attention editor-in-chief of the Law Review’s to numerous other students who were 97th volume. recognized for participation in journals, Dean Wippman presented the third moot courts and other activities at a special student award—the William B. special ceremony and reception on Lockhart Award for Excellence in May 17. Scholarship, Leadership, and Service— whose recipient was selected by a Class Gift 6 faculty committee. The award honors Kim Prchal announced that the class the Law School’s fifth dean and of 2013 would continue the 3L 1 Kim Prchal, Claudia Vincze Turcean, 28-year faculty member for his Pledge Drive established three years Emily Peterson, Christopher Schmitter, dedication in enriching the curricu- ago to contribute financially to the Pari McGarraugh, Jorge Sepulveda, Paige Starkey lum, attracting leading scholars and Law School for the next five years. 2 J. D. grads Kyle Hardwick and sharing his gift for teaching. This year’s The generosity of this gift means that Chelsea Abrahamson with Chelsea’s parents Lockhart Award was given to Pari one person from the class of 2013 McGarraugh, who earned both a J.D. will receive a $5,000 fellowship to 3 Provost Karen Hanson, Adjunct Professor and a master’s in public health. While engage in public interest work. Sara Peterson, Professor Ruth Okediji, maintaining top grades, she collabo- Dean David Wippman, Professor Robert A. rated with Law School faculty to LL.M. Class of 2013 Stein (’61), Professor Perry Moriearty, co-author cutting-edge research Graduation Address Regent Thomas Devine articles on health law and bioethics. As This year’s LL.M. class of 47 students 4 Governor Mark Dayton a leader and mentor among her peers, from 18 countries selected Jorge she served as managing editor of the Sepulveda to give a graduation 5 J.D. grads Allison Ethen, Kelsey Knutson Minnesota Law Review while participat- address. Sepulveda received his law and Jaclyn Kramer ing in the Health Law and Bioethics degree from Universidad de Chile 6 J.D. grad Allison Boyle with her father Tim Boyle Association, Health Disparities Student School of Law, where he taught both Work Group, and Theatre of the criminal law and civil procedure for Relatively Talentless. She also com- seven years. In addition, he served as pleted more than 100 hours of legal an associate for the Santiago-based service through the Asylum Law law firm CorreaGubbins, where he Project and as a volunteer with the was in charge of the dispute resolu- Disability Law Center. tion and antitrust areas for three years, CONT >

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Valerie Figlmiller and J.D. grad Edmond Ahadome with family and friends J.D. grad Anne Rodriguez with her sisters Joshua Mason (’13)

< CONT and as a visiting scholar at Duke for the Reporters Committee for you will make a living by what you University Law School in 2012. He is Freedom of the Press. After her 2L earn. You will make a life by what you returning to his former law firm. year she worked as a summer give away—your love, compassion, Sepulveda reflected on the academic associate at the law firm of Briggs and help, and understanding.” He told the “race” run by his fellow J.D. and Morgan. She was head writer for the class of 2013, “The decision about your LL.M. classmates during the past year, Theatre of the Relatively Talentless life’s ultimate purpose or mission must acknowledging that they could not musical productions “Alawddin” and be made by your heart and your soul, have reached the finish line without “Back to the Future Interest.” more than your intellect or your the help of supportive families, the Peterson reminded her fellow wallet.” Dayton quoted anthropologist international and graduate programs classmates to not lose sight of what Carlos Castaneda: “All paths lead the office and professors and staff at the brought them to law school and to same; they lead nowhere. Therefore, Law School. While he had heard from remember the human element of choose a path with heart. Try a path others that Minneapolis is a cold legal work. “Our work has real as many times as you must, then ask place, Sepulveda said instead he consequences, and we cannot forget yourself, ‘Does this path have a heart?’” learned that it is the warmest place how much we owe to the legal Dayton closed with what he said was he has ever visited because of the system we serve,” she said. the best advice he has ever received— exceptional people. He encouraged a comment from Jacqueline Kennedy. his classmates to “spread all the Commencement Address “She said, ‘If you fail at raising your knowledge, skills, and experience Governor Mark Dayton provided the children well, it doesn’t matter what we acquired here, in our respective commencement address. Born and you accomplished with the rest of your countries. In doing so, we should raised in Minnesota, Dayton gradu- life.’ So as you’re climbing your ladder never forget that as lawyers we ated cum laude from Yale University, to success,” Dayton said, “don’t forget have a huge personal and social where he played Division I hockey. the ones who mean the most to responsibility.” After college, he taught ninth grade you—your family. Make a difference… science for five years in a New York sing your song…and have fun.” J.D. Class of 2013 City public school. It was there that Graduation Address he decided to devote his life to The Finale Emily Peterson was chosen by her improving social equality and After remarks on behalf of the J.D. classmates to give the 2013 economic opportunities for all Board of Regents, Thomas Devine graduation address. A native of Americans. For the past 27 years, conferred degrees on the J.D. and Duluth, she earned her B.A. in Governor Dayton has served the LL.M. graduates, who had selected journalism in 2005 from the people of Minnesota as commissioner Professors Ann Burkhart and John University of Minnesota. As an of the Minnesota Department of Matheson and director of interna- undergraduate, she won national Economic Development, state tional and graduate programs Khary awards for feature writing and auditor, U.S. senator, and governor. Hornsby (’05) to present their in-depth reporting and was the Dayton began his address with the diplomas. Dean Wippman invited managing editor of the Minnesota recognition that the University of graduates and guests to a reception Daily. After college, Peterson worked Minnesota Law School, as one of the on the concourse level of Mariucci for five years as a reporter for the Star top law schools in the country, has Arena, and the commencement Tribune, covering the Minneapolis and among its graduate ranks numerous ceremonies concluded with the St. Paul school districts and writing governors, members of Congress, singing of “Hail, Minnesota!” about statewide education policy Minnesota Supreme Court justices, led by Rachel Farhi (’15), Erin issues. In law school, she received U.S. ambassadors, attorneys general, McDonald (’13), David Pascoe (’14) honors in legal writing and served on presidents of large corporations, and and David Szarzynski (’13). The the Minnesota Law Review as a note one former U.S. vice president. St. Anthony Brass Quintet provided and comment editor. After her 1L Dayton encouraged graduates to accompaniment and recessional year she worked in Washington, D.C., make a difference: “Remember that music.

10 Perspectives FALL 2013 law.umn.edu

303005_guts_04-25_B.indd 10 11/25/13 11:40 AM AT THE LAW SCHOOL

SAVE THE DATES 2014! MARCH 17-22 APRIL 3 SEPTEMBER 16 Super CLE Week XXXIV: The Ronald A. and Kristine The 2014 Stein Lecture: University of Minnesota Law S. Erickson Legal History A Conversation With School faculty members Lecture: “The Problem Supreme Court Justice once again offer a broad with Pardons,” Cynthia Ruth Bader Ginsberg and range of continuing legal Brilliant Herrup, John R. Professor Robert A. Stein education opportunities Hubbard Chair in British (’61). during spring break. History and Professor of History and Law, University of Southern California; 3:30 p.m., room 50.

Mondale Featured in Inaugural Stein Lecture THE The inaugural Stein Lecture on November 16 NUREMBERG featured Walter F. Mondale (’56), former U.S. vice president and senior counsel at Dorsey, TRIALS AND in a conversation with Professor Robert A. Stein (’61). Professor Stein generously THE WORLD’S endowed this lecture to enrich the Law School by inviting leaders of the bench and RESPONSE bar and the governments of the U.S. and other nations to deliver an annual lecture on TO GENOCIDE a topic of national or international interest. On November 15, the Law School Mr. Mondale summarized the important and often shocking findings of the hosted a symposium entitled Church Committee on the actions of U.S. intelligence agencies. He and Professor “The Nuremberg Trials and the Stein discussed proposed reforms and the challenges confronting U.S. intelligence World’s Response to Genocide.” agencies. In conclusion, Mr. Mondale talked about the danger of the unaccountable The symposium both addressed exercise of power and our stake in protecting our constitutional rights. the importance of the Nuremberg trials for the rule of law and honored Minnesotans who Law School Hosts a Reception for played a critical role in the trials. Colombian Partners Following a screening of a documentary on the Nuremberg trials, a panel of top scholars discussed the role of an international criminal court and the challenges of an international response to genocide. The symposium was part of a traveling international exhibit, “Lawyers Without Rights: Jewish Lawyers in Germany Under the Third Reich,” hosted by Chief Left to right: Dean David Wippman; Maribel Ocazionez Osorio, Universidad Católica de Oriente; Professor Judge Michael J. Davis (’72) on Ana Forcinito from the Department of Spanish and Portuguese; Ana Milena Montoya Ruiz, Universidad de behalf of the Federal District Medellín; Lina Estrada Jaramillo, Universidad de Antioquia; Gloria Zapata Serna, Universidad Pontificia Court for the District of Bolivariana; Greta Griedemann Sanchez, Humphrey School of Public Affairs Minnesota. The exhibit explored Hitler’s systematic and calculated On September 10, the Human Rights Center and the College of Liberal Arts strategy to disable the legal welcomed nine visiting faculty, staff and students from four partnering academic system and the constitutional institutions in the Antioquia region of Colombia. A reception for the visitors framework of the Weimar celebrated the inauguration of the University of Minnesota-Antioquia Human Republic, setting the stage for Rights Law Partnership, recently established with a $1.25 million grant from the the commission of unthinkable United States Agency for International Development through Higher Education crimes against humanity. for Development.

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303005_guts_04-25_B.indd 11 11/25/13 11:40 AM AT THE LAW SCHOOL ORIENTED TOWARD LAW SCHOOL SUCCESS

the endeavors that brought you to Humphrey and LL.M. law school is not the goal.” orientations In Dean Wippman’s remarks, he Humphrey Fellows and LL.M. encouraged members of the class students arrived in mid-August. of 2016 to be open to new opportu- This year, 68 LL.M. students nities for learning and to strike a are enrolled at the Law School, a balance between insecurity and significant increase from last year’s overconfidence. He reminded class of 48, according to Dorothy attendees that when they graduate Schlesselman, international and they will be officers of the court, a graduate programs coordinator. role they should never take lightly. “This is in part due to a greater Back, left to right: Daniel Cohn (’16), Ethan Mobley “As lawyers, people will look to international demand for this type (’16) and Ian Jackson (’16) Front, left to right: you for help,” Wippman continued. of program,” Schlesselman explained. Mingli Wu (’15) and Sen Wang (’16) “Livelihoods, and sometimes even “We aren’t the only law school that lives, may hang in the balance. It is an offers this program, but our law ALL LAW STUDENTS ARE important trust, but one we know school is prestigious. And that’s an “travelers in a strange land,” Assistant you can fulfill.” attraction.” Dean of Students Erin Keyes (’00) Kristi Rudelius-Palmer, fellowship told members of the University of Getting comfortable, program co-director and co-director Minnesota Law School J.D. class of meeting classmates of the Human Rights Center, said the 2016 during her opening remarks in The three-day orientation period LL.M. students are all established legal August. Keyes, along with Dean was an opportunity for new J.D. professionals in their home coun- David Wippman and Law Council students to become acquainted with tries—judges, human rights lawyers, President Anna Mazig (’14), spoke to the Law School and its faculty and law enforcement officials and the assembled group as part of this staff through campus tours and government leaders, among others. year’s orientation program. social events. As part of their orientation, the 11 In her remarks, Keyes expanded Members of the diverse class, Humphrey Fellows were invited to an on her metaphor, reminding her which includes, according to Dean American Bar Association reception audience that as law students, “you’re Wippman’s introductory address, in the Minneapolis offices of Dorsey, more than travelers or tourists: You “DJs, champion figure skaters, where they met some of the state’s have taken your first steps towards professional musicians, missionaries, legal leaders, including Associate citizenship in the legal profession. Peace Corps volunteers, national Justice Wilhelmina M. Wright of the And in this land of law, we are all handball champions, to name a few,” Minnesota Supreme Court and Judge naturalized, we are all immigrants. also participated in a novel orienta- John R. Tunheim (’80) of the U.S. We have all had to learn and embrace tion event: the Law School scavenger District Court. They also took part in a new culture, a new set of rules and hunt. Developed by Student a bike ride around Lake Calhoun, a expectations, and we’ve had to get to Programs Coordinator Nubia Esparza, trip to Minnehaha Falls, a site visit at know and get along with fellow the hunt was designed as a way to get the Minnesota International Center, inhabitants.” students out of their seats and moving and a pizza and bowling party at Mazig, an active member of the around campus. Participants scoured Coffman Memorial Union. Black Law Students Association and the Law School, looking for arcade Students in the LL.M. program the Criminal Justice League, light- games in the student lounge, were divided into mixed country and heartedly encouraged incoming researching faculty career histories, gender groups to make a presentation students to occasionally step away and locating the computer help during their Introduction to from their studies. “Eat, sleep, and center—then identifying what type American Law class. “Each student bathe,” she stressed. “For crying out of candy was available there. Winning was required to have a speaking part,” loud. Bathe.” teams were awarded prizes from the Schlesselman recalled. “That went off On a more serious note, Mazig campus bookstore. well. That means we have a well emphasized the importance of paying “The idea was to put a little twist qualified class that arrived ready to equal attention to academic work and on getting the new students used to work with other classmates and gain real life. “No one will argue with you getting around the building on their connections with people from other that your studies are important, own,” Esparza said. “We were hoping countries.” because they are,” she said. “You may to build a bit of camaraderie and be forced to find a new approach to break up a long day, a day that By Andy Steiner, a Minneapolis- academia that will challenge you in featured a lot of speakers and a lot based writer ways you did not think possible. of sitting down. They were having However, losing sight of yourself and a great time.”

12 Perspectives FALL 2013 law.umn.edu

303005_guts_04-25_B.indd 12 11/25/13 11:40 AM AT THE LAW SCHOOL

PROFESSOR YALE KAMISAR, WALTER MONDALE (’56), CHARLES TOOMAJIAN III (’14), ALEX DYSTE (’14), DREW BREDESON (’14)

PROFESSOR HOPE LEWIS PROFESSOR YALE KAMISAR

LAW AND INEQUALITY REVISITS

MS. SAMIRA AFZALI GIDEON v. WAINWRIGHT 50 YEARS LATER

Supreme Court to require counsel (USC), Professor Marc Spindelman for indigent defendants. His advocacy (Ohio State), and Professor Jessica fundamentally altered our nation’s Clarke. Finally, the race panel, criminal justice system. The sympo- moderated by Professor Robert Stein sium honored his tireless pursuit (’61), featured Professor Anthony Paul PROFESSOR JOSEPH LANDAU of justice while providing a forum Farley (Albany), Professor Taunya for scholarship that focused on Banks (Maryland), Professor Tanya immigration reform, race relations, Hernandez (Fordham), and Professor “CIVIL RIGHTS AND CIVIL women’s rights, and the expansion Song Richardson (Iowa). The keynote Justice: 50 Years Later” was the topic of rights for LGBT individuals. address, delivered by former Vice of Law and Inequality: A Journal of Dialogue centered on these import- President Mondale and Professor Theory and Practice’s annual sympo- ant streams and spurred a robust Yale Kamisar (Michigan), a nationally sium on October 18. The symposium discussion among the practitioners, recognized criminal law scholar, provided an opportunity to explore students and community members reflected on Mondale’s involvement our national progress in light of the who were present. with Gideon. The two shared their upcoming 50th anniversary of the Fourteen outstanding scholars from views on the state of the criminal 1964 Civil Rights Act, our nation’s across the nation joined three Law justice system, its merits and flaws, most sweeping civil rights legislation School faculty members to comprise and the direction in which it is to date. The anniversaries of the the event’s four panels. Forming the headed. momentous events of this period— gender panel, moderated by Professor The Graduate and Professional including the Supreme Court’s Susan Wolf, was Professor Victoria Schools Assembly, Coca-Cola and seminal Gideon v. Wainwright ruling, Nourse (Georgetown), Professor Dorsey generously donated to the Martin Luther King Jr.’s poignant and Martha Field (Harvard), and Professor program. Many of the panelists are historic “Letter from Birmingham June Carbone. Adjunct professor publishing articles that expand on Jail,” the March on Washington, and Emily Good moderated the immigra- their presentations. These will be the abolition of the poll tax—com- tion panel, which featured Professor available in the Law and Inequality pelled the journal to celebrate and Michele Goodwin, Professor Joseph symposium edition (volume 32), critique the legacies of these pivotal Landau (Fordham), Professor Hope available in spring 2014. To watch a moments in our nation’s history. Lewis (Northeastern), and video of the keynote speech, please Fifty years ago, a young Walter Minneapolis attorney Samira Afzali. visit the Law and Inequality website at Mondale (’56), then the attorney The LGBT panel, moderated by law.umn.edu/lawineq/symposium- general of the state of Minnesota, Professor Mark Kappelhoff, included main/october-2013.html. spearheaded the landmark amicus Professor Suzanne Goldberg brief in Gideon that urged the (Columbia), Professor David Cruz By Alex Dyste (’14)

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303005_guts_04-25_B.indd 13 11/25/13 11:40 AM AT THE LAW SCHOOL

CAREER CENTER HELPS STUDENTS NAVIGATE TIGHT JOB MARKET

team developed a strategic outreach plan that includes private-sector and public-sector employers. Team members systemati- cally reach out to large, medium and small firms, corporations, and public service employers throughout the state of Minnesota. In addition, to expand Career Center staff, clockwise from left: Amanda Furst, Dana Bartocci, Alan Haynes, Sarah Rohne, Vic Massaglia, Claudia Melo, Simona Suen opportunities for our students in other IN TODAY’S CHALLENGING specific strategies. For example, if a markets, members of the Employer market for entry-level attorneys, law student wants to learn about labor Relations Team met with private- students must establish clarity and law, an action item would be to meet and public-sector employers in New direction in order to be competitive. with an attorney who practices in the York, Washington, D.C., Chicago, While the market has improved over field. This enlarges the student’s Los Angeles and San Francisco. As the last several years, it is imperative network and creates an opportunity a result, we saw a steady increase in that students equip themselves with to learn how to conduct an informa- our off-campus interview programs the tools necessary to be gainfully tional interview. This process builds this past year. employed after graduation. the student’s confidence as he or she The Career Center welcomes To help students navigate the ventures outside the building. In conversation with attorneys and sometimes turbulent waters of a job addition, it allows the student to firms interested in learning more search, the Career Center offers become comfortable meeting other about the caliber of University of counseling and valuable resources. attorneys and to become more active Minnesota law students or in talking This year, the Career Center team is in the legal community. to students about a particular area encouraging all students to complete a While the Career Center encour- of practice. Companies and firms Career Action Plan, which asks them ages students to become more interested in employing students as to think comprehensively about their proactive, the Career Center’s law clerks, summer associates, legal goals and related action steps, preferred Employer Relations Team works to interns or in permanent positions geographic location, desired practice increase the number of employers should contact the Career Center areas and network development. who recruit at the Law School. The at 612-625-1866 or by email at While goals can change over time Employer Relations Team meets on a [email protected]. as a student completes the journey regular basis with employers in the through law school, setting targets Twin Cities, as well as around the By Alan K. Haynes, Career Center helps students learn to develop state and nation. This past year, the Director

New Career Accelerator Program Offers Students Expert Training

THE CAREER CENTER TEAMED UP The Personal Branding Lunch focused on helping students learn how to WITH THE LAW COUNCIL THIS FALL effectively promote themselves to employers and members of their network by building a strong personal brand. Career Options Night brought students FOR THE CAREER ACCELERATOR together with attorneys from multiple career paths in a low-key environment. PROGRAM, OFFERING THREE Finally, a Networking and Etiquette Dinner shared tips about professional DISTINCTIVE LEARNING dining etiquette. Faegre Baker Daniels, Larkin Hoffman Attorneys, and the Law OPPORTUNITIES FOR STUDENTS. School’s Advancement Office and Corporate Institute sponsored the events.

14 Perspectives FALL 2013 law.umn.edu

303005_guts_04-25_C.indd 14 11/26/13 12:15 PM AT THE LAW SCHOOL

UPPSALA UNIVERSITY AND UNIVERSITY OF MINNESOTA MARK 30-YEAR PARTNERSHIP

SINCE 1983, THE LAW SCHOOLS of the University of Minnesota and Uppsala University in Sweden have exchanged faculty and students to their mutual advantage with respect to educational breadth and international understanding. This fall the program was further strengthened, thanks to a new grant established through the generosity of the Marianne and Marcus Wallenberg Foundation. Five University of Minnesota 1L and 2L students who are accepted into the Uppsala program are eligible for grants to cover travel expenses to Uppsala during their 2L or 3L year. The Marianne and Marcus Wallenberg Foundation, based in Stockholm, was founded in 1963 by the late Swedish banker and industrialist Marcus Wallenberg. Photos by David Naylor David by Photos

HUMAN RIGHTS CENTER CELEBRATES ITS 25TH YEAR

THE LAW SCHOOL’S HUMAN sary of the Universal Declaration Rights Center marks its 25th of Human Rights. Kristi Rudelius- anniversary on December 10— Palmer has served as co-director since International Human Rights Day— 1989. The International Women’s with entertainment and food at Rights Action Watch joined the Grace Trinity Community Church, Human Rights Center in 2006. Today 1430 W. 28th St., Minneapolis. The the center conducts human rights free public event runs from 6-9 p.m. research and policy analysis, develops Please RSVP to [email protected]. educational programs, administers The Human Rights Center fellowships, and maintains a library was founded by Professor David that is renowned for its extensive Weissbrodt on December 10, 1988, collection of human rights docu- on the occasion of the 40th anniver- ments and reference materials.

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303005_guts_04-25_B.indd 15 11/25/13 11:40 AM AT THE LAW SCHOOL STAFF NEWS

NEW STAFF specialist at Ashford University curriculum and adjunct faculty. in San Diego. Michelle Courtney Poja Draewell (’11) Ashley Keedy joined the Law accepted a was hired as School as associ- position as major gifts ate development coordinator officer in the officer in the for applied Advancement Advancement legal instruction. Most recently Office. Formerly office. Previously she was develop- she has been assisting the Law she was individual gifts officer at ment coordinator at the School’s admissions office part-time Mount Holyoke College in South Cornerstone advocacy service in while also acting as a reference Hadley, Mass. Bloomington, Minn. attorney for Thomson Reuters. Karen Lundquist Delanie Nubia Esparza joined the Law Skahen joined joined Student School’s the Law School Services as International as faculty student programs Programs administrative coordinator. department as assistant. Previously she an assistant professor of ESL and was an associate academic adviser legal skills. She has taught the Law TRANSFERS in the College of Liberal Arts, School’s LL.M. Legal Research and University of Minnesota-Twin Cities. Writing course for the past two Jo Hendricks, years and was the lead professor in formerly in Kate Evans the Summer Legal English Program. Finance, is joined the Law now an area School as a Christina Melloh administrator teaching fellow (’84) joined the in the Sentencing in the Center for Law School Law and Policy Program of the New Americans. as program Robina Institute of Criminal Law She received her J.D. from NYU coordinator in and Criminal Justice. School of Law and previously was the Corporate in private immigration practice. She Institute. Most recently she served Steven Kranz, has clerked for both the U.S. Court as director, strategic planning and former managing of Appeals for the Eighth Circuit analysis and global controversies, editor of the and the Minnesota Court of Appeals. with the Mosaic Co., and vice Minnesota president and associate general Journal of Meghan Heesch group general counsel with The Law, Science joined the Law Travelers Companies. and Technology in the Consortium School as a on Law and Values in Health, teaching fellow Stacy Nordstrom Environment & the Life Sciences, in the Center for joined the has transferred to Applied Legal New Americans. Applied Legal Instruction as Law School coordina- She received her J.D. from Harvard Instruction tor for professional programs. Law School and previously clerked department as with an immigration court in Florida administrative Meghan Laffen, through the Attorney General’s assistant. Her previous position was former faculty Honors Program of the U.S. as campaign and marketing coordi- appointments Department of Justice. nator for the Souris Valley United committee Way in Minot, N.D. assistant, trans- Deborah Hill ferred to the joined the Law Lori Peterson Advancement Office as alumni School as has returned to relations and annual giving administrative the Law School associate. assistant for as executive Student Services. assistant, working Previously she was an instructional with general

16 Perspectives FALL 2013 law.umn.edu

303005_guts_04-25_B.indd 16 11/25/13 11:40 AM AT THE LAW SCHOOL

Carol Rachac, Willa Gelvick former associate was promoted EMPLOYEE program director from interim to MILESTONES of the Joint permanent assis- Degree Program tant director for and Consortium, fellowship pro- Thirteen members of the Law School has transferred to a position as Law grams in the Human Rights Center. community reached a years-of-service School curriculum development milestone on October 15. We extend coordinator. David Hanbury, our sincere thanks to all of the formerly adminis- following employees for their Zach Sommer, trative assistant, commitment and contributions to former adminis- is now adminis- their department and the Law School. trative assistant, trator in the transferred Robina Institute 40 YEARS to Finance of Criminal Law and Criminal Justice. CRAIG S. OLSON, Serials/ as principal Acquisition, Law Library accounts specialist. Noelle Noonan, formerly adminis- 35 YEARS PROMOTIONS trative assistant, EDWARD H. GALE, Circulation, Law is now assistant Library Barbara Berdahl director for was hired as an Student Services. 25 YEARS assistant librarian CU VU NGUYEN, Acquisitions, Law of special collec- Jason Stebner, Library tions in the Law formerly commu- Library’s nications special- 20 YEARS Riesenfeld Rare Books Research ist in Student LINDA LOKENSGARD, Director, Center. Previously she was a Services, is now Facilities part-time assistant in the special assistant registrar. collection. 15 YEARS Simona Suen, MARTHA MARTIN, Director of Tom Boyle was formerly Leadership Giving, Advancement promoted from administrative administrative assistant, is 5 YEARS assistant in the now employer LAURIE GRAY, Data Custodian, Dean’s Office to relations associ- Admissions journals manager. ate in the Career Center. ALAN HAYNES, Director, Career Center

JO ANN HENDRICKS, Sentencing Law and Policy Program Administrator, Robina Institute

NORA KLAPHAKE, Assistant Dean and Chief of Staff, Dean’s Office

STEPHANIE MCCAULEY, Office Supervisor, Dean’s Office Front row: Bonnie Johnson (44 years), Kay Johnson (27 years), Brian Lake (33 years), Laurie Newbauer (37 years), Susan Miller (14 years). Back row: Debbie Nelson (40 years), Cheryl Casey (16 years). Not pictured: Mary Alton (11 years) and Mark Swanson (14 years) JULIE NELSON, Executive Assistant, Dean’s Office This past fall, nine staff members chose STAFF to pursue the Law School’s voluntary PATRICE SCHAUS, Dean of Finance, departure program. A reception was Dean’s Office DEPARTURES held to honor their collective 236 years AND RECOGNITION of service to the Law School. DAVID WIPPMAN, Dean

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303005_guts_04-25_B.indd 17 11/25/13 11:40 AM AT THE LAW SCHOOL

Economist Tyler Cowen Delivers John Dewey Lecture

from driverless cars to computers that really understand what you’re saying to artificial-intelligence- based rankings of doctors, lawyers and professors—will spark tremen- dous productivity gains and new avenues of wealth creation. However, he said, this “post-average” era won’t resemble America’s broad- based 20th-century prosperity. Indeed, “the future will be a TYLER COWEN somewhat scary place [for many]… but also exciting and fun” for those ON SEPTEMBER 9, ECONOMIST Ate All the Low-Hanging Fruit of who are educationally and tempera- Tyler Cowen delivered the 26th Modern History, Got Sick, and Will mentally prepared to thrive under John Dewey Lecture, entitled “Is (Eventually) Feel Better. its new paradigm. America Coming Out of its Great The touchstone for Cowen’s The John Dewey Lecture in the Stagnation?” Cowen is the Holbert lecture was his newest book, 2013’s Philosophy of Law honors the C. Harris Professor of Economics at Average Is Over: Powering America American educator, scholar and George Mason University, a frequent Beyond the Age of the Great philosopher whose concepts relate contributor to The New York Times Stagnation. His thesis was that after to a variety of contemporary social, and other journals, and the co- 40 years of structural decline, the economic and political issues. author of the eclectic and influential economy is poised to move out of Dewey (1859-1952) was a professor blog Marginal Revolution: Small stagnation and into genuine growth. of philosophy at the University of Steps Toward a Much Better World. The main reason? Digital technol- Minnesota for one year. Funded by a In 2011, Foreign Policy magazine ogy. “Even if you’re a technological grant from the John Dewey called him one of the top 100 global optimist,” Cowen said, “most of the Foundation, the lecture is spon- thinkers; that same year, Bloomberg progress from tech hasn’t actually sored by the Law School to provide Business Week named him come yet.” For example, today’s a forum for significant scholarly “America’s hottest economist.” He is smartphones are impressive, but contributions to the development of the author or co-author of 18 books, advancing developments will soon jurisprudence. most notably his 2011 best-seller, make them seem like plow horses. The Great Stagnation: How America Those developments—everything By Jeff Johnson

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For more information about Super CLE and other CLE events, go to www.law.umn.edu/cle/index.html

18 Perspectives FALL 2013 law.umn.edu

303005_guts_04-25_B.indd 18 11/25/13 11:40 AM AT THE LAW SCHOOL MINNESOTA LAW REVIEW EXPLORES THE FUTURE OF ORGANIZED LABOR

CRAIG BECKER PROFESSOR LAURA COOPER

HUNDREDS OF LAWYERS joined the Minnesota Law Review at Mondale Hall on October 25 for the journal’s annual symposium. This year’s event, “The Future of Organized Labor: Labor Law in the 21st Century,” featured a distinguished lineup of speakers and panelists from across the country, including a member of the National Labor Relations Board (NLRB), PROFESSOR SARA SLINN AND leading labor law practitioners and PROFESSOR STEVE BEFORT (’74) prominent law professors. Approximately 350 people bargaining model that had remained attended the symposium, and both largely unchanged since the adoption the main room and the overflow of the National Labor Relations Act simulcast room were standing-room- in 1935. Professor Julius Getman only. Those in attendance commented from the University of Texas shared about the high quality of the speakers. insights from his article on the recent Boeing labor dispute, and Professor One lawyer said, “This is the best MARK W. SCHNEIDER labor seminar I’ve ever attended,” Ann Hodges from the University of while congratulating the Law Review Richmond explained how labor on “getting such distinguished guests.” unions can regain momentum by labor law in light of Canada’s higher The symposium started with assisting workers with individual union density. Law School professor keynote addresses from Craig Becker, arbitration cases. Stephen Befort (’74) moderated general counsel for the AFL-CIO, and The symposium’s second panel the panel. G. Roger King, of counsel at Jones focused on international labor law The day ended with a lively Day in Columbus, Ohio, on the and examined its role globally and discussion of achievable labor law current state of unions and American domestically. Mark Schneider, a reform moderated by Law School labor law. Following their addresses, partner at Littler Mendelson in professor Laura Cooper. It featured they participated in a moderated Minneapolis, led off the session by Professor Samuel Estreicher of the discussion led by Ronald Meisburg, introducing the topic. Professor César NYU School of Law, Javier Morillo- co-head of the Labor-Management Rosado Marzán of IIT Chicago-Kent Alicea, president of SEIU Local 26, Relations Practice Group at College of Law addressed the topic and Jim Rowader, vice president and Proskauer in Washington, D.C., and of international framework agree- general counsel for employee and former general counsel of the NLRB. ments, and Law School professor labor relations at Target Corp. The symposium’s first panel, David Weissbrodt examined the Video from the symposium will be “Unions in the Crosshairs: How It compliance of U.S. law with available at www.minnesotalaw Happened and the Road Ahead for International Labor Organization review.org. Panelists’ articles will be Labor,” followed the keynotes. Philip conventions. Finally, Professor Sara published in Issue 5 of Volume 98. Miscimarra, a member of the NLRB, Slinn of Osgoode Hall Law School presented his thoughts on how a in Toronto highlighted key differences By Matt Norris (’14), symposium

Photos by Emily Marshall (’14) Emily Marshall by Photos global economy has changed a between American and Canadian articles editor

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Law School Launches Mock Trial Scholars Program

THE LAW SCHOOL HOSTED ITS School tour and information session, first annual Mock Trial Scholars and a trip to the Hennepin County Program for high school students Courthouse to observe part of an this past August. The one-week actual trial. residential camp gave participants At the end of the week, students the opportunity to sharpen their put their suits on and showed their trial advocacy skills and get a taste stuff at trials presided over by of college life. Minnesota Supreme Court Justice While there are a handful of David Lillehaug, Hennepin County mock trial camps around the District Court Judge Bruce country, the Mock Trial Scholars Peterson, Professor Stephen Program is the only law school- Cribari, and lawyers Jeffrey Paulsen, A student presenting to Professor Stephen Cribari sponsored camp geared exclusively Barry Edwards (’01), and John (left) and Justice David Lillehaug to mock trial training and practice. Braun (’11). As a surprise bonus, It was conceived of by Associate former Minnesota high school mock and Law School mock trial champi- Dean Sharon Reich Paulsen as a trial champions Kara Lillehaug and ons Jennifer Rose (’13) and Graham means of tapping into growing Kristina Tester, who went on to win Berg-Moberg (’13). Half of the interest among high school students the national high school champion- participants asked the Law School in mock trial. ship in 2010, came to judge a final to “please make the camp longer!” Days were filled with lectures, trial and meet with the students to While there are no plans to do that, breakout sessions and lots of provide insider advice and tips. the camp will definitely return next individual practice and feedback. Post-camp feedback was year. Nights in the dorm included uniformly outstanding. Students For more information about the organized social activities, more were especially positive about the camp, or to offer financial assis- practice and work sessions and attention and support they received tance to students who otherwise plenty of hang-out time, all chaper- from their coaches, adjunct profes- could not afford to attend, contact oned by law students. Campers sors Craig Roen (’87) and Craig Associate Dean Sharon Reich enjoyed a campus tour, a Law Buske (’10), and recent graduates Paulsen at [email protected].

Target Corporation Provides Funding for Diverse Law Student Scholarship

intent to practice in Minnesota opportunity this scholarship affords upon graduation. Preference will me—to bring the corporate per- be given to a student from an spective to my legal education,” underrepresented group, with said West. “I understand how rare racial/ethnic background, sexual it is to be given the opportunity to TARGET CORPORATION, THROUGH orientation, disability, and gender interact with the legal department its Diversity in Law Scholarship considered. The selected student of a major corporation such as Program, will provide a scholarship will receive a $5,000 scholarship Target, and I am excited to enhance and practical legal experience for a to defray tuition expenses and the my education with this experience.” diverse University of Minnesota Law opportunity to gain practical legal “The University of Minnesota student, the company has experience in Target’s law depart- Law School has a strong commit- announced. ment through a three-credit field ment to diversity in its student The Target Corporation Diversity placement in the fall semester of body, and Target Corporation’s in Law Scholarship will be awarded the student’s 3L year. Diversity in Law Scholarship annually to a diverse student who Courtney West (’15 J.D./M.B.A.) Program is a great complement to exhibits high academic perfor- was selected as the first recipient of our efforts,” said David F. Fisher, mance, leadership qualities and this Diversity in Law Scholarship. Executive Director of the Corporate service to the community, and “I am grateful for the unique Institute at the Law School.

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UNIVERSITY OF MINNESOTA LAW SCHOOL CELEBRATING 125 YEARS

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he University of Minnesota Law School celebrated its 125th anniversary with a week of scholarly and social activities that culminated in a sold-out gala at McNamara Alumni Center on the evening of October 4. The celebratory events provided opportunities to reflect on the Law School’s history, future and the extraordinary alumni who are accomplishing good in our society. The week included a lecture by A. Douglas Melamed from Intel Corp., a panel discussion on the future of legal education with current Dean David Wippman and three former deans, and the gala, featuring remarks from Dean Wippman, the Honorable Walter F. Mondale (’56), and University of Minnesota president Eric Kaler. The Honorable Kathleen Blatz (’84) served as master of ceremonies for the gala, which also included recognition of key alumni who are shaping the legal landscape for the benefit of society. A theme emerged throughout the week: that despite all the changes in our world over the last 125 years, the Law School continues to attract talented, productive and committed students and faculty who make significant contributions to communities in Minnesota, the U.S. and throughout the world.

A. DOUGLAS MELAMED PRESENTS WILLIAM LOCKHART LECTURE

n Monday, Sept. 30, as the and trained to deal with such value conflicts.” week of celebration for the 3) Demand for lawyers will grow in the coming Law School’s 125th anni- years, because—thanks to globalization, the drive versary began, A. Douglas for ever-higher productivity, and rapid innovations Melamed of Intel Corp. gave in several fields—we are in an era of increasing con- Othe William B. Lockhart flict. “If I’m right,” Melamed said, “the legal industry Lecture on the theme “Lawyers as Conflict Engi- is going to have a robust expansion, [creating] really neers.” Since 2009 Melamed has been senior vice exciting and challenging opportunities for lawyers president and general counsel at Intel, responsible and law schools in the near future.” for the company’s legal affairs worldwide. Highlights This annual lecture honors William B. Lockhart, of his distinguished law career include a partnership dean of the University of Minnesota Law School at the Washington, D.C., firm WilmerHale, where from 1956-72. Instrumental in enriching the Law he chaired the Antitrust and Competition Practice School curriculum and attracting highly qualified A. DOUGLAS MELAMED Group, and five years in the U.S. Department of faculty and students, he also cultivated a strong Justice, where he led the Antitrust Division. In relationship with the Minnesota Bar, which contin- recent years, he has focused on the intersection ues to provide essential support to the Law School. of antitrust and intellectual property law. During his 28 years as a professor at the Law Melamed brought a message of optimism, School (1946-74), he shared his gifts of teaching delivered via an engagingly discursive three-part excellence and scholarly leadership with students argument: 1) Demand for lawyers is driven largely and faculty. After retiring at Minnesota, Dean by “value conflicts that are not resolved in settled Lockhart taught on the faculty of the University law.” Case in point: patents. Are they property, to of California, Hastings College of Law (1974-94). be considered according to the long tradition of He died in December 1995. property law, or “policy instruments” granted by By Jeff Johnson governments to induce innovation? 2) Lawyers are, in their essence, “conflict engineers uniquely suited

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GUY CHARLES PROFESSORS JOAN HOWLAND, ROBERT STEIN (’61), DEAN DAVID WIPPMAN, PROFESSORS GUY CHARLES AND FRED MORRISON

DEANS DISCUSS THE FUTURE OF LEGAL EDUCATION

he future of legal education was writing and business development skills. Our legal the topic of the closing panel for writing program remains one of the best in the the 125th anniversary celebration country, and we are increasingly thinking about week. Three former deans— how we get our students to start thinking about and Professors Guy Charles (now adopting social and professional behaviors that will Tat Duke University Law School), help them develop clients.” Fred Morrison and Bob Stein (’61)—joined Dean Professor Charles cautioned against overreacting David Wippman on stage for a lively talk. to the call for “practice-ready” attorneys: “If it’s true Serving as moderator, Professor Joan Howland that the world is getting more complex and requir- began the discussion by framing the significant ing greater problem-solving skills, a sole focus on challenges law schools across the country have faced trade skills could be misguided. Yes, we need prac- in recent years: declining applications, increasing tice skills, but first the methodology of our thinking student debt and a changing employment landscape must be sound.” for graduates. Howland concluded the discussion with a ques- While acknowledging a fundamental change tion about how law schools should respond to the in the practice of law, especially for large firms, entreaty to “go global.” Morrison pointed out that Professor Stein argued that these changes are due to when he began teaching more than 40 years ago, the recurring, cyclical forces, and that an adjustment in Law School had no international students, while the supply and demand for attorneys can be healthy. today approximately 12% of its enrollees are from He also reminded the audience that the majority outside the United States. Dean Wippman noted of University of Minnesota Law School graduates that while the Law School has been successful in work in small or mid-size firms, as in-house counsel attracting foreign students, it has been less successful or in public interest positions, fields that have not in persuading U.S. students to take advantage of changed as dramatically in recent years. Dean exchange programs and that Law School leaders Wippman, too, acknowledged structural changes in are looking at how the study-abroad experience can the way law is being practiced but emphasized that be worked more easily into the demanding student the need is growing for lawyers who can be problem schedule. Charles closed the panel session with this solvers in an increasingly complex world. thought: “People will follow job offers, so if the In responding to a question about the appropri- demand is there internationally, our students are ate balance between practical skills and theoretical likely to follow.” training, Dean Wippman commented, “If you drill by Kathy Graves, a Minneapolis-based writer down, what most of these employers mean is legal

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2 3

1 The Honorable ore than 500 people gath- Walter F. Mondale (’56), ered at McNamara Alumni Michael Freeman (’74) and Center on October 4 for a Matthew Stark gala celebration of the 125th 2 Valerie O’Brien, The Honorable anniversary of the University Richard C. Luis (’74), Terrence of Minnesota Law School. (Terry) O’Brien (’74), and M Board of Advisors chair Jeannine Lee (’81) Juanita Luis (’77) welcomed the crowd of alumni, faculty, staff and 3 Michael Makowesky and friends and introduced Dean David Wippman, Luz Salazar (LL.M. ’12) whom she credited for managing the “Sisyphean 4 University of Minnesota 4 task of recruiting the best students, retaining the President Eric Kaler best faculty, maintaining a top ranking and ensuring 5 Thomas Johnson (’70) jobs for graduates.” 6 Marella Mazzei, exchange In reflecting on the Law School’s 125 years, Dean The dean concluded his remarks with a reminder student from Bocconi Wippman noted, “The Law School achieved its that “the Law School has achieved its success not by University in Italy, and present status as one of the country’s great public looking backward, but by always looking forward.” Minne Bosma, LL.M. student law schools the old fashioned way: We earned it.” The Honorable Walter F. Mondale (’56), the from the Netherlands Dean Wippman recognized the more than 18,000 evening’s guest speaker, toasted the Law School’s 7 The Honorable students who have earned law degrees at the Univer- graduates for what they have done “for justice and Walter F. Mondale (’56) sity of Minnesota. “Individually and collectively, they decency across the world.” The evening’s emcee, the and Stacy Bettison (’99) have shaped Minnesota and the nation, in countless Honorable Kathleen Blatz (’84), welcomed current 8 Bridget Gernander (’01), ways large and small, as lawyers, managing partners, students Anna Mazig (’14) and Jake Vandelist (’14) Dan Schmechel and prosecutors and public defenders, entrepreneurs, to recognize alumni who have made a major contri- Minnesota Supreme Court governors, members of Congress, ambassadors, bution in shaping the rule of law (see sidebar). Justice Wilhelmina Wright leaders of companies like DuPont and Honeywell, University of Minnesota president Eric Kaler 9 The Honorable M. Michael president of the World Bank, nonprofit heads, concluded the evening, remarking that there is “no Monahan (’67) justices and judges, and even a vice president of the reasonable doubt and plenty of expert witnesses that United States.” this is a world-class law school.” Josh Kohanek by Photos

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SHAPING THE LEGAL LANDSCAPE FOR THE BENEFIT OF SOCIETY: ALUMNI MAKING A DIFFERENCE

The following alumni were recognized at the October 4 gala for their role in shaping the legal landscape for the benefit of society: • Hon. Charles Flinn (’65), Hon. Edward Cleary (’77), Michael Cromett (’78), Allen Saeks (’56) and Thomas Foley (’72) for their leading role in arguing 5 6 the U.S. Supreme Court case R.A.V. v. City of St. Paul, a landmark First Amendment case. • Hon. Orville Freeman (’46) and Michael Freeman (’74) for their leadership roles at the local, state and national levels. • Cathy Haukedahl (’79) for her decades-long work toward providing high-quality legal services to low- income clients. • Professor Joyce Ann Hughes (’65), 8 the first African-American female to graduate from the University of Minnesota Law School and the first African-American tenure track professor at a major law school (U of MN). • Arne Sorenson (’83), president and CEO of Marriott International, for his leadership in the realm of corporate responsibility. • Minnesota Justice Foundation for 7 9 connecting volunteer law students and attorneys with low-income people in SPONSORS need of legal services since 1982. Of special note: founders Robert Long (’85), Richard Plunkett (’84), Michael Christenson (’84), Ardys Korstad (’84) and Michael Krause (’84) . • Jeannette Bazis (’92) and Michael Ponto (’89) for their leadership in reaching a positive mutual solution to the Anoka-Hennepin School District’s law- suit on the bullying of LGBT students. • Michael Ciresi (’71), Roberta Walburn (’83) and Hubert H. Humphrey III (’69) for their steadfast work in reaching a favorable and record-setting settlement in State of Minnesota v. Philip Morris. • James Hale (’65) for his role as general counsel at Target and the key role he played in drafting the majority opinion in Miranda v. Arizona. • Michael Hurley (’80) for his many leadership positions with the U.S. State Department, National Security Council and the CIA. • Constance Berry Newman (’59) for her service with the World Bank and as Assistant Secretary of State for African Affairs.

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303005_guts_04-25_B.indd 25 11/25/13 11:40 AM EARTH, WIND & LAWYERS The Evolving Challenges of Environmental Law

By Cathy Madison

ENVIRONMENTAL LAW sounds like today’s latest, greatest, booming specialty—wrestling with global warming and hazardous waste remediation, protecting endangered species and threatened wilderness, monitoring energy transition from traditional sources (gas, coal) to alternatives (solar, wind). But the truth isn’t quite so simple. In trying to characterize this area of the legal profession, the proverbial elephant described by blind men comes to mind. Environmental law is a field of disparate, often narrowly defined subspecialties. Jobs are elusive. Growth is erratic. Nevertheless, those who have chosen it thrive on its unique and evolving nature. Whether they practice in corporate or nonprofit settings, representing the government or litigating for clients, they share an appetite for nuance and a sense of contributing to the common good.

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< CONT FONTAINE: for the sake of controversy, which some groups seem to promote. These environmental concerns are legitimate Right Time, Right Place issues for everyone around the table,” he says. “Environmental law is about finding practical solutions to complex problems, and finding ways to make regulators and the public comfortable that those solutions are going to work.”

JOHNSON: It’s in the Water

GREG FONTAINE (’81), NOW A SHAREHOLDER in Leonard, Street and Deinard, Minneapolis, recalls the explosion of environmental law in the early ’80s, when he worked in the corporate department at the Minneapolis firm Dorsey. In response to client demand, two of his colleagues formed an environmental law department. They asked him to join; he said yes. “Obviously there were some important environmental cases in the ’70s, but they were few and far between for most lawyers,” he recalls. However, when the Superfund WATER RIGHTS AND QUALITY ARE PARA- law passed in 1980, followed in 1984 by the toughening mount for Lee Johnson (’88), who joined Carlson, of the Resource Conservation and Recovery Act, new Hammond & Paddock, a small Denver firm specializing in regulations, lawsuits and changes in traditional liability western water matters, in 1989. Unlike eastern states that schemes exploded. use the riparian rule, Colorado adopted the prior appropri- Fledgling departments grabbed litigators and transactional ation doctrine, a system based partly on that used by the lawyers wherever they could find them. The field grew miners who settled the state. The “first-in-time, first-in- rapidly until the late ’90s or early ’00s, then leveled off for right” rule begets a complicated legal system that must about a decade as, per Fontaine, “many of the things that address and resolve access and water usage issues among environmental attorneys work on to make more efficient or numerous competing interests: municipalities, farmers, to deal with uncertainties became routine matters.” ranchers, developers, energy companies and others. Now the field is growing again, especially in Minnesota, “Global warming issues have the potential to stress the where mining, agribusiness and energy endeavors are raising system,” Johnson says. Such issues can range from severe new environmental issues. Although he has considerable drought patterns to large storm events to changes in the agribusiness experience, Fontaine now helps mining clients nature and timing of the annual snow pack runoff. For find the proper balance between sustainable economic example: Earlier runoff seasons and higher volumes may development and environmental protection. require increased storage capacity to divert water coming Minnesota’s most important natural resource is water. from the high peaks, he explains. “Municipal entities and Fontaine sees its abundance and recreational use as “part of water providers have to plan differently now.” the social fabric. Protection of water resources has always Johnson often encounters political hot buttons. When been contentious, but environmental consciousness is a Colorado raised renewable energy standards for rural more significant factor now than ever. And it’s not just providers, already testy northern counties threatened to agencies and environmental groups that are concerned— secede. “There is some cage-rattling going on,” he says. businesses are concerned, too,” he says. “Lawyers play a key And while sunny Colorado seems a perfect candidate for role in bringing those different perspectives together.” large solar installations, those that create energy by driving Fontaine finds this intersection of public policy, science steam turbines could potentially consume significant and business appealing. He expects to stay busy helping amounts of precious water. clients navigate state and federal regulations that can Although Colorado is considered an alternative energy sometimes overlap and sometimes be in conflict. leader, “the bigger issues for our practice relate to more “I like finding effective solutions. I don’t like controversy traditional oil and gas development. Hydraulic fracking

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“In industrial areas, there is a growing sophistication about environmental footprints, and practices that were deemed acceptable within the last few decades don’t pass muster anymore.” —Andy Mortl (’95)

[injecting water, sand, and other elements into faults to Change, primarily in public perception, has marked his get a higher natural gas output] is driving the market for career. “In industrial areas, there is a growing sophistication water rights through the roof.” In some places, the lease about environmental footprints, and practices that were price for fully consumable water has gone from $300-400 deemed acceptable within the last few decades don’t pass per acre-foot (a measurement of volume: one foot of water muster anymore,” he says. over one acre of land) to as much as $3,000 per acre-foot. As more people become educated about the issues, Change in use patterns and demands, concern about thresholds for acceptable levels of contamination have how fracking affects water quality and supply, and conflicts likewise changed. “They’ve come to understand that there between landowners and mineral rights owners over are thresholds that do not present a meaningful risk to the horizontal drilling are among the issues that will challenge environment or human health,” he says. “Most people used Johnson for the foreseeable future. to automatically associate contamination or pollution with “The variety is really refreshing for me, although some immediate danger. In reality, we’re walking around every days are better than others. I’m not wearing a white hat all day breathing and being exposed to certain things, and it the time—sometimes it’s fairly gray—but I can sleep most does not necessarily increase the risk of anything.” nights knowing that I’ve helped make sure we have a clean, California regulators concur. Their recently established reliable water supply,” he says. “At the end of the day, that’s low-threat closure policies for petroleum-related sites should what counts.” reduce the nuisance cases that used to clog the system. “Historically, living next door to a contamination site could be a potential lottery ticket. Homeowners would contend it somehow interfered with their use or enjoyment MORTL: of their property and extract settlement money,” Mortl explains. “They could collect damages even though the Remediation by Chance regulatory agency was satisfied with or not pushing for cleanup. They were suing because they could.” Mortl sees environmental law as relatively stable, no spikes in sight. It is not a good-guy-vs.-bad-guy scenario, as many may believe. “Technology and awareness have come a long way,” he says. “There’s less incidence of accidental pollution, and it is certainly very rare to see intentional releases. In almost all contaminated sites, none of the releases or contamination was on purpose. It did happen, but it was unintended.”

SCHROEDER: Nuance in Alaska “I KNEW I WAS GOING INTO LITIGATION, but environmental law as a subspecialty was not something HAVING GROWN UP WITH A LOVE FOR on my radar,” admits Andy Mortl (’95). “I kind of stumbled hiking, skiing, kayaking, canoeing and fishing, Michael into it.” Schroeder (’10) pursued environmental law with a classic After starting out at a large San Francisco firm, he joined goal: work for a nonprofit, protect the environment. But the Glynn & Finley, a small boutique in Walnut Creek, Calif., in more he learned about the field through his colleagues and 1999. When founder and environmental lawyer Patrick environmental law classmates, the more his expectations Finley asked for help on a Superfund case that was about to evolved. The field promised much more job diversity than go to trial, Mortl jumped right in. As one case led to he’d realized. another, Mortl discovered an affinity for the technical, “It’s less black and white than people imagine. It’s not just scientific aspects of litigating environmental contamination protecting nature while the oil and gas industry destroys the cases for large oil companies and others. environment. It’s incredibly more nuanced than that,” he says. CONT >

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“It’s less black and white than people imagine. It’s not just protecting nature while the oil and gas industry destroys the environment. It’s incredibly more nuanced than that.” —Michael Schroeder (’10)

< CONT to check off an inventory of decontaminated sites at the end of the year. As he puts it, “You can enjoy getting your hands dirty even though you spend your days at a desk.”

BERGAN: Alternative Roller Coaster

Now assistant district counsel for the U.S. Army Corps of Engineers in Alaska, Schroeder monitors environmental cleanup operations, ensuring that proper procedures are followed and standards are met. Alaska is home to hundreds of remote sites containing old munitions, radio relay stations, runways and missile defense sites from Cold War days. Much of this land was turned over to the state and landowners years ago, but contamination was not addressed. Now the federal government is returning to clean things up. Rugged, independent Alaskans are often suspicious of federal intervention, which forces Schroeder to do a RAISED BY ENVIRONMENTALLY AWARE delicate dance. “There’s the push and pull of citizens asking parents, Sara Bergan (’10) says she was always interested in you to do more but at the same time telling you to stay out where food and energy came from, “but my environmental of their business. People are skeptical about the government law trajectory was kind of long.” She earned a bachelor’s coming onto their property and doing work,” he says. degree in environmental studies and worked in interna- Schroeder spends some of his time reviewing historical tional human rights—“a tough nut to crack”—before documents to determine liability. “It’s interesting to see how deciding that food and energy are also fundamental issues attitudes have evolved,” he says, citing chemical use from with global impact, worthy of her focus. three or four decades ago as an example. “For the most She became executive director of the Great Plains part, [contamination] was not malicious or negligent. Institute, a Minneapolis-based nonprofit organization Today we have a deeper understanding of the impact of focusing on sustainable development issues, especially what we leave behind.” energy and climate change. The nontraditional group He notes that cleanup has remained a priority, even in merged business, utility, agriculture, legislative and regula- recessionary times. “We’ve been fortunate, with annual tory interests to consider long-range, comprehensive budgets as high as $70 million,” he says. “Landowners are solutions to environmental problems. often surprised to find out the Department of Defense is “We took a consensus approach to solving energy issues willing to clean up their property.” at a time when climate change was a dirty word—before it His employer has a large presence in the state, adds became a dirty word again,” she says, reflecting the current Schroeder, although its focus is shifting as military construc- political scene. tion winds down and the need for infrastructure ramps Her broad background steered her toward a Master in up. He doesn’t see the need for his services fading anytime Public Policy (M.P.P.) degree from Princeton, then her soon; in fact, he expects environmental law to grow. J.D. from the Law School; the combination of the two gives “The subject matter is more tangible than in other her what she deems “a thorough and practical education practice areas,” he says. While former classmates who for someone interested in how policy unfolds.” Now an pursued other specialties are surrounded by conflict, he gets associate at Stoel Rives, a 400-attorney firm with offices in

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seven states and Washington, D.C., she works with renew- focused on science, technology and the environment. She able energy and cleantech clients on regulatory matters and hoped to land an environmental consulting job, but alas, project development and finance. such positions were rare. Her primary challenges stem from a dearth of long- She turned instead to litigation, handling insurance range energy policy and planning. Production tax credit defense matters for Zelle Hofmann, an international incentives, for example, expire, are renewed, then expire litigation firm with offices in seven cities. She learned again many times in a decade. “The lack of business much in that nearly five-year stint, yet yearned for her certainty creates a rush to catch [fiscal advantages] while original goal. In 2010, “sheer dumb luck” (and a tip from they’re there, then adjust as necessary when they’re gone a former law school mentor) took her to the Minnesota or expected to go away. It creates a roller-coaster effect,” Center for Environmental Advocacy, where she is now she says. staff attorney, supporting energy, mining and water Longer planning horizons would create a more stable quality issues. energy marketplace, but her wind and solar clients must On the federal level, Hoffman notes increased movement seize the day. That means not only rushing permits but from the Environmental Protection Agency, which is also tracking new definitions, rules and regulations. introducing more rules regulating coal plants and carbon Recent solar legislation in Minnesota, for example, sets emissions, as well as mercury and other toxins. On the state higher renewable energy goals for utilities, which affects level, she notes a political shift among regulators, who seem future planning. more interested in business operation and job creation than “Solar prices have dropped tremendously recently, and it’s environmental regulation. the largest resource out there—a game-changer,” she says. “They seem to think it’s a tradeoff, which is unfortunate,” “Meanwhile, we haven’t even come close to fully tapping she says. “There’s a heavy emphasis on streamlining permits, the resource of wind.” which is fine—they should be streamlined, just not at the Bergan likes combining these noble pursuits—from expense of the environment. We need to make sure we’re supporting alternative energy sources to protecting endan- thoroughly studying the project and taking appropriate gered species—with the variety and complexity of her steps to mitigate the impacts. It doesn’t kill jobs to require large-firm legal work. “It doesn’t get old easily, which is compliance with environmental regulations, because other somewhat true of the field. New technology is part of the businesses are designing those [mitigating] technologies.” equation all of the time, and as the technology develops, it She also observes a misperception that we have solved creates new and interesting questions.” our environmental problems. “People think, ‘We have the Clean Air Act, the Clean Water Act—why are we still worried about these things?’ Those problems have just shifted from local or regional to global, with climate HOFFMAN: change as an obvious example,” she says. “In many ways they have become much larger in scale and now require Nonprofit Advocate new tools to address.” Coal plants cause worldwide pollution, she explains, and mercury emissions increasingly affect global health. Minnesota has stringent environmental standards yet faces challenges from expanding taconite mines and proposed copper and nickel mines, all of which are now wending their way through regulatory tangles. Hoffman has worked to prevent new coal plants from being built, as well as ensuring that environmental laws are properly enforced “with no exemptions, loopholes, or exceptions.” She likes these “big-picture” aspects of her job. “Climate change is the biggest environmental challenge my generation will face, and probably the biggest challenge of my children’s generation. We have to find ways to decrease carbon emissions and adapt to changes that have already been caused and will get worse no matter what we AFTER GRADUATING FROM MICHIGAN STATE do. It’s exciting to come to work every day and work for University, Kathryn Hoffman (’06) began the roundabout changes I believe in,” she says, noting that her litigation trek to her dream job in the trenches, coordinating the skills are as essential as her commitment. “All advocacy recycling program for a St. Paul neighborhood association. work revolves around the law.” It was an informal education in business and compliance, and in time it led her to the Law School and the Hubert H. Cathy Madison is a freelance writer/editor based in the Humphrey School of Public Affairs, where her M.P.P. Twin Cities.

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This is part of an ongoing series highlighting professors’ community work at state, national and international levels. For all the differences in the issues they tackle, the citizens profiled in this series have much in common. They trace the roots of their current service to early educational and professional experiences. They thrive on putting expertise and passion to work on causes they believe in. They bring fresh perspectives back to students in hopes of inspiring them to put their own scholarship into practice.

FOR STEPHEN BEFORT (’74), putting theory to work Mediation Services, observes,“Steve has an intuitive is no mere add-on to teaching. It is the leitmotif of his understanding that parties have overlapping interests and career. Befort’s first position at the Law School was as you just have to suss them out. director of the clinical program, a role in which he served “Some mediators are pushers, some are extremely quiet,” from 1982 to 2003.“Clinical education is all about learning Tilsen adds.“Steve is quiet but makes suggestions to the by doing,” he says.“I try to take being a practitioner into parties and is calm about it.” the classroom because I think it informs how people learn.” The back-and-forth nature of mediation can be wearing, Now the Gray, Plant, Mooty, Mooty & Bennett but Befort finds it challenging and stimulating to manage Professor of Law and the associate dean for research and the expectations and dynamics of multiple parties.And he planning, Befort teaches courses in labor law, employment never forgets how high the stakes can be. For example, in law, employment discrimination, public employment, arbitrating teacher termination cases, Befort knows that if comparative labor and employment, disability in the he finds there was misconduct, the teacher is unlikely ve er workplace, and alternative dispute resolution—courses that to get a teaching job again. he didn’t have the opportunity to take when he was a student at the Law School. Employment law was a new survey course when he began teaching it in 1988, and he “Workplace disputes get difficult, and I believe there’s recalls that it opened doors for him in terms of writing and some service in resolving them in a way that is less teaching for years to come. Befort’s interest in alternative dispute resolution and labor litigious and less nasty.” law was piqued when he represented the Bureau of Mediation Services and worked on public-sector labor cases early in his five eary s (1974-79) as a special assistant in the Accessible Arbitrator Minnesota attorney general’s office. Befort’s human-focused approach, combined with the About 20 years ago, he made his interest in alternative quality of his decisions in more than 250 arbitration cases in dispute resolution official by qualifying for two arbitration ten states, has made him a go-to guy.When other practi- rosters, one with the state of Minnesota and the other with tioners ask Tilsen how they should proceed with their cases, the Federal Mediation and Conciliation Service. He’s had a he often calls Befort to get his input. steady part-time practice in alternative dispute resolution While his professional peers appreciate his helpfulness, ever since. Befort takes accessibility further. Both interest and griev- Befort, who does most of his arbitration and mediation in ance arbitration cases can be abstruse—but as Tilsen points employment and workplace contexts, relates stories of his out, Befort’s legal analyses and writing style make his cases with a matter-of-factness that belies the emotions that decisions easy to understand for the parties directly involved roil among parties in dispute. He calls labor and employ- as well as for others (such as managers and union members) ment law a second cousin to family law because it often who are affected by the outcomes. involves similarly emotion-fraught elements: ongoing relationships, deeply held expectations and feelings of Pairing Mediation with Arbitration betrayal. Recognizing that “sometimes winning a particular Befort’s dual strengths put him at the leading edge of battle can lose the relationship,” Befort tries to resolve “med-arb,” which has been used in other fields but is not disputes in ways that not only are fair and equitable but also yet common in labor law. Med-arb is something of a influence the parties’ future relationships positively. hybrid: parties try mediation first, and if they can’t reach an Josh Tilsen, commissioner of the Minnesota Bureau of agreement, they move directly to binding arbitration.

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In 2012, Tilsen and Befort were co-mediators of contract negotiations between the state of Minnesota and its two largest unions, the American Federation of State, County & Municipal Employees and the Minnesota Association of Professional Employees. Befort was also in the role of mediator-arbitrator. The contentious negotiations—which took place in a context of tight state budgets, slim Republican legislative majorities, and a Democratic governor—drew plenty of political and media attention. Still, Befort stuck to his practice of not talking to the media as he and Tilsen engaged in a three-cornered process with working groups of 20 or more people from each involved party. The evening before the case was slated to go into arbitration, the parties reached an agreement—an outcome about which Befort is typically modest. “I may have helped the process on the way, but the actual resolution did not STEPHEN BEFORT (’74) happen with me in the room; it happened after our mediation ceased and before the arbitration was about to begin,” he says. “I think the parties got an idea of how I was Preparing Students reacting to the economic and social issues, and it got close Befort has taught several courses that put theory into action enough that they thought it was better to hammer out the in fresh ways. One of these is Law in Practice, during which details themselves than have me decide the details for them.” first-year students work on case files, doing interviewing, He admits to a bit of a thrill when such things work out counseling, negotiating and case planning. “Typically that in mediation: “If you can facilitate a settlement, it’s a sort of wasn’t done until later years in law school,” Befort says. “It’s rush of accomplishment that’s different from arbitration… a major innovation to bring practice into the classroom [where] there’s a winner and a loser. It’s not quite the same early on.” as having the parties shake hands at the end and say, ‘OK, Befort believes the in-class simulations he leads in the we have a resolution.’” Alternative Dispute Resolution course are not just playact- Tilsen considers Befort well suited to the delicate ing: “You’re still doing it in front of others, you don’t want balancing act inherent in med-arb. While arbitrators are not to be embarrassed, and you also want to figure out how you permitted to have ex parte conversations with the parties to actually would handle cases in real life. a dispute, Tilsen explains that “a mediator-arbitrator, who “Being exposed to reality perks students up to learn in does engage in those off-the-record discussions, is empow- ways that make a difference,” Befort says. “I’m not just ered to make suggestions—and suggestions from [someone] talking about abstract principles, but also about how those who will ultimately make a binding agreement if you don’t principles play out in real settings.” reach an agreement have a lot more power than those of a Befort’s students clearly appreciate his approach; they mediator who is going to go away if you don’t settle.” have twice honored him with the Stanley V. Kinyon “Med-arb is a powerful tool, but not everybody would Teaching and Counseling Award. be trusted with it by the parties,” Tilsen says. “Steve’s just a highly trusted guy because of his calm demeanor, his Collegial Collaboration long experience, and his evident evenhandedness over Laura Cooper observes much of Befort’s work firsthand. many years.” Also an arbitrator and a mediator, she is the J. Stewart and Mario Thomas McClendon Professor in Law and Bringing the Outside In Alternative Dispute Resolution at the Law School. Cooper Befort has served in numerous volunteer roles for the and Befort co-edit the ABA Journal of Labor & Employment National Academy of Arbitrators, the ABA’s Labor and Law, have co-authored books and articles, and created the Employment Law Section, and the Minnesota State Bar Law School’s concentration in labor and employment law. Association Labor and Employment Law Section and its “Steve has the most diverse experience and breadth of Legal Assistance to the Disadvantaged Committee. He knowledge of anybody in labor and employment law,” says chairs the U.S. Branch of the International Society of Labor Cooper. “It is rare to find in a single person someone who Law and Social Security, was elected in 2010 as a Fellow of has represented unions, employers and labor relations the College of Labor and Employment Lawyers, and serves agencies, been an arbitrator and a mediator, and who on the executive board of the Labor Law Group. The first teaches across the entire breadth of the labor and employ- project Befort undertook for the Labor Law Group ment curriculum.” involved integrating the doctrinal components of labor and employment law with the clinical skills needed to By Karen K. Hansen, a freelance writer and clarinetist practice in those fields. based in St. Paul

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Robina Foundation: augments the institute’s work on previous Robina support for faculty Pledging New Support criminal law reform, making it positions and research, a public n May 2013, the University of possible to accelerate and expand interest scholars program, student Minnesota Law School received research and advocacy on sentencing scholarships, and the Law School’s Ione of the largest gifts in its history: law reforms that enhance public Robina Institute of Criminal Law a pledge of almost $9 million from safety while reducing inequities, cost, and Criminal Justice. the Robina Foundation. The gift has and some of the burdens of incarcera- The Robina Foundation was been divided evenly to support two tion. The University of Minnesota created by James H. Binger (’41) Law School programs: the Robina Law School faculty are nationally shortly before his death in 2004 to Institute of Criminal Law and known for their research on sentenc- fund forward-thinking projects and Criminal Justice and a new immigra- ing systems in the U.S., and the to encourage—at major institution law center, the University of effects of these systems on public tions—the exploration of new ideas Minnesota Law School Center for safety, sentencing proportionality, and transformative approaches to New Americans. Together, these gifts racial and ethnic disparities, and critical social issues. The Law School, support work that has the potential to imprisonment rates. Abbott Northwestern Hospital in help millions of people. The gift establishing the University Minneapolis, the Council on Foreign “We are immensely grateful for the of Minnesota Law School Center for Relations and Yale University were ongoing support we’ve received from New Americans creates a collabora- selected to receive major funding. the Robina Foundation,” said Dean tive initiative by which leading area David Wippman. “This generous gift law firms and nonprofit organizations, will help sustain the Law School’s led by the Law School, can respond Class of 1963: reputation as an international leader to critical legal and social needs of A 50th Reunion and a in legal education and builds on our diverse immigrant groups. The Law Record-Setting Class Gift history of public service and out- School is working with these law ommittee members Bill Dolan, standing scholarship.” firms and nonprofits to expand Terry Fruth, John Karalis, Jon In making the announcement, urgently needed legal services to CLebedoff, Bob Minish and Wippman noted the Law School’s immigrant communities and to Harry Walsh knew that the 50th long tradition of offering practical pursue litigation that leads to improv- reunion of the class of 1963 would training for students through its ing the laws affecting immigrants. generate enthusiasm among their clinical program, one of the nation’s The center, which is the first of its fellow alumni. They also knew that largest. “The new immigration law kind among law schools, is also home they needed to reach out to every center underscores the mission of to the nation’s most dynamic and member of the class personally to the Law School’s clinics to address comprehensive immigration clinic for build momentum for this milestone pressing societal needs,” said law students, offering them outstand- celebration. “We divided up the list Wippman. The Law School’s clinical ing opportunities to gain experience and went to work,” says co-chair Jon program is celebrating its 100th in litigation, policy development and Lebedoff. “Every classmate for whom anniversary this year. advocacy, and community outreach we had a phone number was called in The funding for the Robina and education. the months leading up to Spring Institute of Criminal Law and The Robina Foundation’s gift Alumni Weekend. As the conversa- Criminal Justice builds on previous represents a major contribution to the tions unfolded, our friendships were gifts from the Robina Foundation, Law School’s GENERATIONS renewed and it was clear that our which established the institute in campaign, a seven-year effort to raise 50th celebration was going to be 2011. The additional $4.5 million $70 million. This gift augments a very special event for our class.”

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For generations, the University of Minnesota Law School has MEMBERS OF THE CLASS OF 1963 taken pride in its long record of educating leaders who have gone on to represent the profession with distinction, Co-chair Bill Dolan led the effort was moving away from the former serve in public office at the to mark the occasion with a special economic model: low tuition, highest levels, and bring class gift. “As much as we wanted to subsidized by funds from the state of creative solutions to the world celebrate our experience at the Law Minnesota. As the state removed itself of private enterprise. Now more School, we also wanted to give back more and more from the equation, than ever, our governments, in ways that will make a positive students were asked to make up the businesses and communities difference for both current and future difference, causing dramatic tuition need a new generation of such Law students,” he says. increases. Today, money for scholar- extraordinary leaders. As the April 19, 2013, reunion ships is essential to the Law School’s celebration approached, the guest ability to recruit a talented and The GENERATIONS campaign list continued to grow, with class motivated 1L class every year. “These will bolster the foundation of members making travel plans from aspiring lawyers are facing serious excellence in teaching, legal locations all across the country. challenges in paying for Law School,” research, and scholarship for a The class invited Dean David the donor says. “The obvious new generation of exceptional Wippman and faculty from their response is that students are taking on students. Key priorities for the era to attend. Professor George more loans—and I want to help campaign include: Christie and Professor John Cound mitigate that debt load.” • Scholarships and student were also added to the guest list. This generous alumnus was support When the doors opened for dinner intrigued by a matching gift • Strategic initiatives, curricular at the Minneapolis Club, 35 alumni opportunity provided by the Robina innovations, teaching, and the were in the room—47 percent of Foundation. “When I learned that student experience the living and reachable classmates. Robina would match my commit- • Core support and unrestricted “The turnout from our class was ment to give $5,000 per year for giving remarkable,” Lebedoff observes. “It three years, I immediately made a was so much fun to reconnect with pledge that doubled the impact of As of November 12, 2013, nearly each other after 50 years—it was a my philanthropy for current students. $60 million has been commit- remarkable evening.” Each year, $10,000 is made available ted to the GENERATIONS “The spirit of ’63 will be a positive for scholarships that replace loan campaign by alumni and friends factor at the Law School for a very obligations.” of the Law School. This total long time,” notes Dolan. “Collectively, Recently, the donor learned that represents 85% of the cam- our class committed more than $3.4 Robina also matches three-year paign’s goal of $70 million. million to our alma mater, a new pledges of $20,000 per year. “I had record for a 50th reunion class. Some some extra cash flow as part of my We are deeply grateful for the gifts have been made already, while compensation package from my firm, support of everyone who has others will come from our estates and so I decided to extend my pledge for contributed. If you, too, would retirement plans in the future. a second three-year period at the like to be a partner in support- “I am so proud of ’63,” he says. higher rate,” he says. “My gifts and ing the Law School through the “We enjoyed a great 50th reunion the matching funds generate a total GENERATIONS campaign, and we made a significant investment of $40,000 per year. I could not please contact the Advance- in the future of the Law School.” afford to do it by myself, but with the ment Office at 612-626-8539 or Robina match, I am funding a full www.law.umn.edu/generations. scholarship for a Law School student. html. An Anonymous Donor My investment in the next generation Gives Back of our profession is a source of s a former member of the satisfaction for me, and I feel good Law School Board of that I can help reduce the debt load AAdvisors, this donor under- of current students.” stood how the student experience

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1 2

FACULTY AWARDS, GRANTS AND NEWS

June Carbone law and econom- judges and lawyers. Gross also spoke was appointed to ics of damages, in Berlin at an international confer- the Robina Chair injunctions and ence entitled “Securing the Freedom in Law, Science other remedies and Stability of Cyberspace: The and Technology, for patent Role and Relevance of International effective July 1, infringement Law.” The conference was organized 2013. within the by the German Foreign Office and world’s major patent systems. the University of Potsdam and was Dale convened by Guido Westerwelle, the Carpenter’s Oren Gross German foreign minister. book Flagrant participated Conduct: The in a meeting Jill Hasday was Story of Lawrence convened by appointed to the v. Texas was the United Centennial named the Nations Office Professorship in winner in the LGBT nonfiction of the High Law and to a category at the 25th annual Lambda Commissioner for Human Rights to Solly Robins Literary Awards in June. discuss military courts. The meeting, Distinguished held in Geneva, brought together a Research Fellowship, effective July 1, Thomas Cotter launched a blog, small group of experts with the aim 2013. Her 2012 article in the Comparative Patent Remedies, which of providing advice to the Special Vanderbilt Law Review, “Siblings in provides updates and analyses of the Rapporteur on the independence of Law,” was cited by Israel’s Supreme

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303005_guts_36-43_B.indd 36 11/25/13 11:42 AM 5 Associate Dean for Academic Affairs and Professor Carol Chomsky mingles with incoming students at orientation 2 Professor Mark Kappelhoff 4 Professor Robert A. 6 Michael Hancher, affiliate at the Law and Inequality: 3 Dean Wippman Stein (’61) and Judge fellow, A. Douglas Melamed 1 2013-14 faculty at the faculty A Journal of Theory and welcomes the faculty at David S. Doty (’61) at Stein’s and Professor Claire Hill at the dinner in September Practice symposium the fall faculty dinner book-signing reception Lockhart Lecture reception

3 4 6

Court. The case considered the right Commissioner’s interpretation of the “white-privileged attitudes.” Despite of brothers to live together in the relevant statutory language, Chief his parents’ racial biases, Landsman same country when one brother’s Judge Schreier cited Hickman’s 2007 had different views and joined the custody is subject to the Hague Columbia Law Review article with 1963 March on Washington. The Abduction Convention and the Matthew Krueger (’06), “In Search article is part of a special series other’s is not. of the ‘Modern’ Skidmore Standard.” partnered with “The Race Card Project: Six-Word Essays.” Kristin Joan Howland Hickman was was elected William appointed to the chair-elect/chair McGeveran was Harlan Albert of the ABA appointed the Rogers Section of Legal Vance Opperman Professorship in Education and Research Scholar, Law, effective Admissions to the effective July 1, July 1, 2013, and she has been named Bar Council for the 2013-15 terms. 2013. This associate director of the Corporate Howland has served on the Section’s semester he is a visiting professor at Institute. Her work on judicial Council since 2006 and was vice- the University College Dublin School deference doctrine was cited in a chair of the council for the 2012-13 of Law. memorandum opinion issued by term. The Section’s Council is the Chief Judge Karen E. Schreier of the national accrediting body for Amy Monahan U.S. District Court for the District American legal education. was appointed to of South Dakota in the case of the Julius E. Davis Draper v. Colvin. The case concerned a Maury Chair in Law, challenge against the Commissioner Landsman was effective July 1, of Social Security’s decision to profiled in an 2013. She was terminate an individual’s August 28, 2013, selected for the Supplementary Security Income NPR feature on 2013 Young Scholars Medal, given benefits. In describing the standard growing up with biennially by the prestigious American

of review utilized to review the parents who had Law Institute. The Young Scholars CONT >

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< CONT Medal was founded in 2011 to research director at the Institute on Daniel encourage and acknowledge practical Metropolitan Opportunity, released a Schwarcz academic work with the potential to study in October that showed that was appointed have a positive influence on the law. Twin Cities charter schools under- to a Solly The honor goes to only one or two perform traditional public schools Robins scholars every other year, typically and continue to be highly segregated Distinguished those in their first decade of teaching. by race and income. Research The candidates are nominated by law Fellowship, effective July 1, 2013. school deans. Hari Osofsky was named Robert Stein Fred Morrison, director of the (’61) was former Law reformed Joint reappointed to School interim Degree Program the Everett Fraser dean, and in Law, Science & Chair in Law, Dean David Technology. effective July 1, Wippman had 2013. a commentary Kevin Reitz published in has been elected Susan Wolf Minnesota Lawyer to The American and two co- that responded Law Institute authors published to President (ALI), the leading “Patient Obama’s recent independent Autonomy statement about organization and Incidental changing law school to a two-year in the United States producing Findings in degree program. scholarly work to clarify, modernize Clinical Genomics” in Science. The and improve the law. The ALI drafts, article addressed a major controversy Fionnuala discusses, revises and publishes over how to handle incidental Ní Aoláin is Restatements of the Law, model findings in medical genomic one of the statutes and principles of law that sequencing. This summer she founding editors are enormously influential in the was invited by the Institute of of Just Security, a courts and legislatures, as well as Medicine Roundtable on Translating new blog that in legal scholarship and education. Genomic-Based Research for provides a forum The institute’s elected membership Health to debate new recommenda- for high-level discussion of law, of lawyers, judges and law professors tions from the American College rights and U.S. national security. is limited to 3,000. The total of Medical Genetics and Genomics Just Security aims to promote membership of more than 4,300 on how to handle incidental findings principled and pragmatic solutions includes ex officio members, honor- in clinical genome and exome to the most pressing national ary members and life members sequencing. Also this summer, security problems that decision- (those elected members who have Wolf presented at the National makers face. attained more than 25 years). Institute of Allergy and Infectious Diseases about the challenges of Myron Francis managing incidental findings in Orfield’s study Shen’s recent clinical research and the debates of the exclusion- Education and underway on return of results ary rule, pub- Urban Society and incidental findings in both lished in the article on research and clinical care. University of mayors and Chicago Law urban education, Review, was cited in August by the “Community Support for Mayoral Our faculty are frequently quoted in the Ninth Circuit in United States v. Control of Urban School Districts: media and called upon for their exper- Underwood, for the proposition that A Critical Reexamination,” was tise. There are too many to include here, “the exclusionary rule has helped featured as a key research article on due to space constraints. To see more police more effectively secure the Web site Psychology Progress. faculty news, go to our Web site, http:// evidence without violating the law Psychology Progress alerts the www.law.umn.edu/news/faculty.html. and the rights of American citizens... scientific community to the latest and and that it has improved the quality most significant research, clinical of police training, education and case findings, and neurological break- reporting.” Orfield and Tom Luce, throughs in all areas of psychology.

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303005_guts_36-43_B.indd 38 11/25/13 11:43 AM FACULTY PERSPECTIVE NEW AND VISITING FACULTY

NEW FACULTY Before taking that position in 2008, regarded as he was on the postdoctoral staff of a comparatiste, Benjamin the RUC’s school of finance. due to his strong Casper (’97) His main research area is business commitment joined the faculty law, particularly corporate law. to international in 2013 as a His current research focuses on issues and his visiting associate the governance of state-owned dedication to professor in in enterprises, consumer law and real comparative research and scholarship the clinical estate taxes. in such varied disciplines as law, program. He is director of the Professor Yao’s published articles management and social anthropology. Center for New Americans and include: “On the Purpose of Building Among the academic subjects he has teaches the Federal Immigration Tax Reform: Macro-Control or Rule taught are European legal systems; Litigation Clinic, which engages of Tax Law, Jurist, 3 (2011); “The contract law; law of the European students in strategic impact litigation Identification of ‘Market Dominance’ Union; doing business in Europe; on behalf of immigrants and refugees. in 3Q Case,” Cases Research, 4 (2010); comparative management; and ethics, He has more than 16 years of “The Rule of State Law in Rural law, business, and cultures. experience litigating cases before Property Dispute Resolution,” Social Professor Guyot became dean of immigration courts, the Board of Science, 9 (2010); “Regulation of the Business and Management School Immigration Appeals, U.S. District Information in Advertising Law,” at the Université Jean Moulin Lyon 3 Courts, U.S. Courts of Appeal and Politics and the Law, 5 (2010); “The in December 1990. He was elected the U.S. Supreme Court. Implementation of Market president of that university in 1997. Before joining the Law School, Regulation and the Exercise After a five-year nonrenewable term Professor Casper was in private of Accountability,” Business as president, he returned to the practice. From 2008 to 2013, he Administration, 3 (2010); “The deanship of the business school, was also director of the Pro Bono Dimension of the Ideal and the where he served until September Litigation Project at the Immigrant Reality: The Exploration of 2008. Prior to becoming dean at Law Center of Minnesota. He has Ownership Socialization,” Capital Lyon 3, he was an associate professor, previously served as an adjunct Normal University (Social Science associate dean of the business school clinical professor of immigration Edition), 5 (2008); “The Integration and vice president for international law at the University of Minnesota, of Macro-Control and Government relations. He was elected a full William Mitchell College of Law and Economic Behavior,” Jurist, 3 (2008); professor at the Université de Paris the University of St. Thomas School “The Application of Law Regarding in 1989. of Law. From 1997 to 2001, he was Rural Property Disputes,” Cases He has also been a practicing an attorney for the nonprofit immi- Research, 6 (2007); “Theory and lawyer and a private attorney at gration law office Centro Legal, Practice of the State-Owned Tannery the Court of Appeal in Lyon. He where he focused on deportation Reform,” East China University of practiced primarily in the areas of defense. He graduated with honors Politics and Law Journal, 1 (2005); contract law, commercial law and from the University of Minnesota “The Positioning of Commercial mergers and acquisitions. Law School in 1997. Law in Modern Society,” Commercial Professor Guyot has previously Since 2011, Professor Casper has Law Frontier, 1, 2 (2002). been a visiting scholar and professor served on the amicus curiae commit- Professor Yao’s monographs at the University of Minnesota tee of the American Immigration include: Theoretical Research on the Law School and Carlson School Lawyers Association. He writes and Subject of Economic Law Theory (China of Management, as well as at universi- lectures on immigration law topics Legal Publishing House, 2011); The ties in Australia, New Zealand, the for both local and national audiences. Interpretation and Implementation of Czech Republic, Hungary, Italy, the New Partnership Enterprise Law (China United Kingdom, Spain, Algeria VISITING FACULTY Legal Publishing House, and India. 2007); Introduction to Economic In 2002 he was made a knight Haifang Yao Law (Renmin University Press, 3d ed. of the Legion of Honor, France’s is a visiting 2010) (Deputy Editor); Enterprise and highest decoration. His 2012 book, scholar from Corporate Law (China Legal L’Internationale de l’Intelligence, argues Renmin Publishing House, 2007) (co-editor). that globalization should be driven University of not just by financial imperatives but China (RUC), Gilles Guyot is an attorney and by the sharing of knowledge across where he is an scholar who has taught in major cultures as well. associate professor in the law school. universities all over the world. He is

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Professor Stein Co-Chairs Rule of Law Symposium

The afternoon session began with Justice Breyer’s keynote, “Magna Carta and the Rule of Law.” He was joined in the ensuing discussion by Lord Phillips of Worth Matravers; James R. Silkenat, president of the American Bar Association; William C. Hubbard, president-elect of the ABA; Hilary Heilbron, QC, London barrister; and Essam Al Tamimi, founder and senior partner of the law Left to right: Keynote speaker Justice Stephen G. Breyer, James R. Silkenat, Lord Phillips of Worth Matravers, firm Al Tamimi and Co. in Dubai. Essam Al Tamimi, William C. Hubbard, Hilary Heilbron, Richard J. Goldstone, Professor Robert A. Stein (’61) The Rule of Law Symposium has been held in conjunction with the ON OCTOBER 11 in Boston, said Professor Stein. “The symposium IBA’s annual conference since 2005. Professor Robert Stein (’61) co-mod- provided a very significant examina- Since 2006, the final day of the erated sessions with Paul Volcker, tion of the concept of the rule of law conference has been dedicated to former chairman of the Federal at this time in history. We plan to rule of law issues. Professor Stein and Reserve, and U.S. Supreme Court publish the papers delivered by these Justice Goldstone have co-chaired the justice Stephen Breyer at the Rule distinguished speakers.” symposium in each of the past three of Law Symposium, a key part of the The morning session featured a years in Dubai, Dublin and Boston, annual International Bar Association keynote address by Volcker titled respectively. (IBA) conference. Stein’s co-modera- “Corruption and the Rule of Law.” Established in 1947, the IBA is the tor was Richard Goldstone, former Additional speakers included Homer world’s leading organization of justice on the Supreme Court of Moyer, an attorney with Miller & international legal practitioners, bar South Africa and the first chief Chevalier in Washington, D.C.; Akere associations and law societies. With a prosecutor for the United Nations Muna, vice chair of the anticorrup- membership of more than 50,000 war crimes tribunal for the former tion organization Transparency individuals and 205 bar associations Yugoslavia. International; Peter Rees, general and law societies, the IBA influences “I was so pleased that we were able counsel for Shell Oil; José Ugaz, international law reform and shapes to gather such a distinguished group president of Transparency the future of the legal profession of speakers, including Justice Breyer, International in Peru; and Stephen throughout the world. Paul Volcker, and Lord Phillips of Zimmerman, director of operations Worth Matravers, the former Lord for the World Bank’s Integrity By Kathy Graves, a Minneapolis-

Chief Justice of England and Wales,” Vice Presidency. based writer Bar Association of the International courtesy Photo

FALL 2013 FACULTY WORKS IN PROGRESS Lectures on works in progress at the Law School and other institutions are held on Thursdays from 12:15-1:15 p.m. in Room 385. They are open to the public but require an RSVP to Stephanie McCauley at 612-625-9073 or [email protected].

>>> >>> SEPTEMBER 19 Afra Afsharipour OCTOBER 5 Lyman Johnson University of California Davis 3 Wulf Kaal University of St. Thomas School School of Law University of St. Thomas School of Law and Washington and The Indian Private Equity Model of Law Lee University 26 Joel Waldfogel Dynamic Regulation of the The Dwindling of Revlon University of Minnesota Carlson Financial Services Industry 12 Oren Gross School of Management 10 Pamela Foohey University of Minnesota Law And the Bands Played On: Digital University of Illinois College School Disintermediation and the Quality of Law Venerate, Amend...and Violate of New Recorded Music Bankrupting the Faith

40 Perspectives FALL 2013 law.umn.edu

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FALL 2013 SAVE PUBLIC LAW WORKSHOPS Workshops are held from 4:05-6:00 p.m. in Room 471 unless noted THE otherwise and are open to Minnesota faculty and students enrolled in the affiliated seminar. DATES!

February 11, 2014; 4:00 p.m. Oren Gross >>> The Irving Younger Professorship SEPTEMBER in Law Reappointment Lecture 19 Brett McDonnell 28 Alexandra Klass “The New Way of War: Is There a University of Minnesota Law School University of Minnesota Law School Duty to Use Drones?” Designing Countercyclical Capital Transporting Energy: U.S. March 4, 2014; 4:00 p.m. Buffers Infrastructure Challenges June Carbone 26 June Carbone The Robina Chair in Law, University of Minnesota Law School >>> Science and Technology Marriage Markets: How Inequality is NOVEMBER Appointment Lecture Remaking the American Family 7 Trina Jones “Are Women about to Become Duke University School of Law a Lot More like Men?” >>> Singlism: Does Bias Against Singles March 25, 2014; 4:00 p.m. Exist in the Workplace and Should OCTOBER Jill Hasday 3 Jessica Bulman-Pozen We Care? The Centennial Professorship in Columbia Law School Law Appointment Lecture Partisan Federalism 14 Laura Donohue “Family Law Reimagined” 10 Adam Cox Georgetown University Law Center New York University School of Law Surveillance and Foreign Intelligence April 9, 2014; 4:00 p.m. Robert Stein (’61) Does Immigration Enforcement Gathering in the United States The Everett Fraser Chair in Reduce Crime? Law Reappointment Lecture 17 I. Glenn Cohen 18 Amalia Kessler “Strengthening Federalism: The Harvard Law School Stanford Law School Uniform State Law Movement in Patients with Passports: Medical Inventing American Exceptionalism: the United States” Tourism, Ethics and Law The Origins of American Adversarial 24 Rachel Harmon Legal Culture, 1800-1877 April 29, 2014; 4:00 p.m. Kristin Hickman University of Virginia School of Law The Harlan Albert Rogers Federal Programs and Policing Professorship in Law Federalism Appointment Lecture “Administering the Tax System We Have”

>>> 17 Victoria F. Nourse NOVEMBER 21 Jonathan Adler Georgetown Law 7 Sandra Marshall Case Western Reserve University Unraveling Legislative Intent: University of Minnesota Law School of Law The View from Decision Theory School Compelled Commercial Speech 24 Cesar Rosado “It Isn’t Just About You”— and the Consumer Right to Know Illinois Institute of Technology Victims of Crime, Their >>> Chicago-Kent College of Law Associated Duties and DECEMBER Protecting Workers as a Matter Public Wrongs 5 Jacqueline Peel of Principle: A South American 14 Susan Silbey University of Melbourne Law View of U.S. Work Law Massachusetts Institute of School 31 Susanna Blumenthal Technology Climate Change Litigation and University of Minnesota Law J. Locke, op. cit.: Invocations Adaptation Risk: Lessons for School of Law on Snowy Streets the U.S. from the Australian “A Horror of Being Duped”: Experience? The Apprehension of Fraud in Nineteenth-Century American Law

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303005_guts_36-43_B.indd 41 11/25/13 11:43 AM FACULTY PERSPECTIVE THEORY atW ORK FACULTY BOOK PUBLICATIONS UPDATE MAY 2013–SEPTEMBER 2013

1 FRANCESCO PARISI The Language of Law and Economics: A Dictionary (Cambridge University Press, 2013)

2 ROBERT STEIN (’61) The TheoryTheory aatt WWorkork article in the Forming a More Perfect Union: spring 2013 issue of Perspectives A History of the Uniform Law (pg. 22) featured Professor Ruth Commission Okediji, who has been working to 1 (LexisNexis, 2013) make it easier for blind and visually impaired people to get books in 3 SUSAN M. WOLF accessible formats. (WITH NANCY BERLINGER The dearth of accessible textbooks AND BRUCE JENNINGS) and literature for the blind and 2 The Hastings Center Guidelines visually impaired has been called for Decisions on Life-Sustaining a “book famine.” Until recently, a Treatment and Care Near the major cause has been international End of Life copyright laws. For example, a (Oxford University Press, rev. Spanish-language audio version of and expanded 2d ed., 2013) War and Peace, created in Mexico, was blocked from being shared with 3 For additional faculty-published an unsighted person in Argentina. and -edited casebooks, chapters, In June, the World Intellectual and articles, go to www.law.umn.edu/ Property Organization voted to faculty/recent-publications.html. allow such sharing to begin.

FALL 2013 >>> LEGAL HISTORY WORKSHOPS NOVEMBER Workshops are held from 1:25-3:25 p.m. in Room 15 of Mondale Hall and are 4 Sam Erman open to the public. To receive the paper in advance of the lecture, email University of Southern California Stephanie McCauley at [email protected]. Law School Santiago Iglesias’s Imperial U.S. Citizenship: Puerto Rico and Labor’s Constitution 11 Jeannine DeLombard >>> University of Toronto SEPTEMBER 14 Bianca Premo The Novel and the Reconstruction 30 Naomi Lamoreaux Florida International University Amendments Yale University Enlightenment on Trial: Ordinary 18 Daniel LaChance Contractual Freedom and the Litigants, Colonialism and Emory University and Princeton Evolution of Corporate Governance Modernity in the 18th Century University in Britain, 1862 to 1929 21 Laura Weinrib The Old West and the New >>> University of Chicago Law School American Death Penalty: Capital OCTOBER From Left to Rights Punishment in Harris and 7 Daniel Ernst 28 Kristin A. Collins Oklahoma Counties, 1980-2000 Georgetown University Law Boston University School of Law 25 Barbara Young Welke Center and Yale Law School University of Minnesota Chief Justice Hughes and “Illegitimate Half-Castes” and the Owning Hazard: Genre, Law, Administrative Law, 1930-1941 Citizen Family and History

42 Perspectives FALL 2013 law.umn.edu

303005_guts_36-43_B.indd 42 11/25/13 11:43 AM FACULTY PERSPECTIVE Faculty Profile

FRED L. MORRISON Popham, Haik & Schnobrich/Lindquist & Vennum Professor of Law

Fred L. Morrison joined the Law School faculty in 1969 and became professor of law in 1972. He teaches constitutional law, international law and comparative public law and was Oppenheimer Wolff & Donnelly Professor of Law, 1990-98. He was awarded the University President’s Award for Outstanding Service in 1997.

To catch Fred Morrison mid-summer at the University of Iowa before in his office, dwarfed by unruly paper joining Minnesota in 1969, but piles and textbook stacks, is to assume landlocked he refused to be. Studying he’d rather be elsewhere. Perhaps his in England as a Rhodes Scholar and family cottage in Boothbay Harbor, in Switzerland as a Danforth Fellow He loves teaching—all of it, with Maine, where he and wife Charlotte taught him to treasure international the possible exception of grading spend summers sailing and ferrying perspectives. Fluent in German, he exams (at least deciphering handwrit- six grandchildren on picnic excur- has enjoyed visiting professorships in ing is now unnecessary). “Every once sions. He must have grown up on the Germany and public service lectures in a while in class, you’ll get a ocean, right? and presentations in Ukraine, Kosovo, question from a student that you “I grew up on the plains in Sudan, South Sudan and Kenya. He never thought to ask, and you’ll look Kansas,” he deadpans. visits Beijing annually, insisting law at that issue differently. And it’s always Assumptions and Fred Morrison students should be interested in rewarding to see former students do not mix. His grin and rolled China “because that’s where the succeed.” shirtsleeves, and the absence of one action is.” Improving human rights situations of his 220 collectible silk ties, suggest He devoted a year to private is also rewarding. Morrison spent 10 he is happy right here, right now— practice at Popham Haik, years helping north and south Sudan which says nothing about yesterday Minneapolis, learning “about the real work together even as they split apart. or tomorrow. His is a life of globe- practice of law and how things get “It’s imperfect but better than it spanning adventures, twists and turns done—a useful lesson.” He dove into would have been,” he says, having both exciting and unpredictable. Law School administration, chairing visited South Sudan again last “I have an appetite for things faculty, tenure, finance and benefits summer. “You strive for perfection foreign,” he says. When visiting committees, and serving as interim but need to accept and honor European cities for the first time, dean—twice. improvement.” “I like to get on a streetcar and ride In the 1980s, he was U.S. counsel One might assume that his foreign it to the end, with no knowledge in the International Court of Justice travel—which has also included of where it is going. The nice thing and international law counselor for Croatia, Greece, Botswana, Peru, about streetcars is they always come the State Department. “One day I got Ecuador, Chile, Australia, New back.” a phone call from them asking me to Zealand and Russia—might wane, The son of schoolteachers grew be there that evening. I packed for but one would be wrong. In up with school board politics and two nights, and I was still there six December he’s off to Antarctica, curiosity about law and government. weeks later,” advocating for the U.S. which sounds like a mere exotic With no lawyers in the family, in the Nicaragua litigation. vacation, but no. Seven countries however, he assumed he’d use his His foreign passion helped grow claim parts of Antarctica and others University of Kansas degree to teach Minnesota’s LL.M. program from one have bases there; the complicated political science. student to about 70 today. “Foreign legal regime they’ve created revolves “I wanted to do the best I could, lawyers don’t need to know all the around “whatever research base or but I also wanted to be able to say, answers, but they need to know the ship you’re on. The climate is so ‘Now there’s an interesting bus. I right questions to ask,” he says. extreme that everyone has to get think I’ll get on that one and see “International law is stimulating along if anybody is going to survive,” where it takes me.’ If you’re too because you see issues easily solved says Morrison. fixated on a goal when you’re 21, here that are not as easily solved Thus will unfold yet another then opportunities pass you by.” there, and vice versa. Each country adventure, giving him much to muse He caught those opportunity buses, has a separate culture, so you have to on as he waits for the next bus. completing a jurisprudence B.A. at recognize and deal with problems Oxford, a Princeton Ph.D., and a within that culture. They are all By Cathy Madison, a freelance writer

Photo by Rick Dublin by Photo University of Chicago J.D. He taught fascinating in different ways.” based in the Twin Cities

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STUDENT PROFILES

NAWARATHNE nation just south of India. were interrupted for three years by a MARASINGHE Marasinghe, the youngest of seven civil war between Tamil rebels and 2013-14 Humphrey Fellow children born to a tea farmer, grew the Singhalese-led government. That up speaking Singhalese. But he spent didn’t stop Marasinghe from learning, lots of time with Tamil-speaking kids, though. He found a nongovernmen- learning enough to watch movies in tal organization that offered English that language. One of these films was classes and improved his fluency. the 1984 hit Vidhi, the story of a Marasinghe didn’t ignore his female attorney who wins her case nation’s troubles. As a youngster, he after an epic courtroom scene. “She helped hide Tamil neighbors from spoke very well,” Marasinghe says. “It marauding gangs. In college, he made me want to become a lawyer.” participated in an ethnic harmony The road wasn’t easy. In fact, it was project and later worked as a legal a hot, bumpy three miles from his officer for the Institute for Human village to the city school. When the Rights in Colombo. He next earned bus didn’t arrive—a frequent occur- a master’s degree in law and became rence—Marasinghe walked. At night, a prosecutor for the Sri Lankan Spend an hour with Nawarathne he studied by kerosene lamp. government. Marasinghe, a talkative, engaging man That dedication paid off when “I like being a prosecutor,” he says. with thick black hair, and it’s easy to Marasinghe secured a spot at the “I have never done a case for money.” imagine him chatting with neighbors prestigious University of Colombo’s He’s held that job for more than a in his native Sri Lanka, an island Faculty of Law. However, his studies decade, rising to the rank of senior

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303005_guts_44-49_B.indd 44 11/25/13 11:43 AM 3 LL.M. students, front row, left to right: Dimitri Kabengele, Abeer Humood, Yuvika Johri, Yongjin Bae, 4 1Ls Thomas Hale-Kupiec and Kyeong-ha Hwang, and Michael Shelleaha Jonas at orientation 2 Meredith A. Leake (’14), Kinalwa. Back row, left to right: in August editor-in-chief of Law and Marie-Noelle Sutter, Diana 1 1Ls Emily Harrison, Tracy Inequality: A Journal of Theory Hernandez, Nari Oh, Matthew 5 Jake Vanderlist (’14) Shoberg, Kendra Fitz and and Practice, speaks at the Capelle, LL.M. Program Director announces the alumni 6 Yi-Ping Chang (’16) and Ceena Idicula at orientation journal’s annual symposium Khary Hornsby (’05), and honorees at the 125th Mickey Stevens (’16) at Career in August in October Jinrong Hou anniversary gala in October Options Night in November

4 5

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prosecutor earlier this year. During hours. She grappled with labor strife that time, he’s also published legal and negotiated complex real estate essays on child witnesses and whether transactions. criminal prosecutions can adequately “I learned to spot the important protect children. things and give a little bit on the While many of the lawyers he unimportant things,” she says. studied with are wealthy, material After that experience, she served success is not what motivates as legal manager at CNH Case New Marasinghe. “I want to do service to Holland, a manufacturer of construc- society,” he says. “I want to honor my tion and farm equipment, and then family. I want to honor my village. If returned to Mexico City to work as I do that, at the end of the day I will senior counsel at Grupo ACBC, a be happy.” shopping mall developer. At Casas GEO, a Mexico City Hernandez’s background lets her DIANA HERNANDEZ construction firm, she served as legal be comfortable with life both inside LL.M. Class of 2014 coordinator, drafting contracts, and outside Mexico’s largest city. She Diana Hernandez doesn’t believe in managing the company’s books, and grew up in Cuernavaca, a city about slowing down. Or pausing. “I get registering trademarks. That experi- an hour’s drive south of the capital. anxious if I’m not doing something,” ence led to a job as legal manager at Her father worked as an accountant; she says. SARE Holding, a leading developer her mother worked at home. An Which may explain why she has of low-income housing. When SARE older brother, Cesar, studied law and accomplished so much in such a short went public, Hernandez created the became a role model for Diana. period of time. firm’s compliance program. For years Hernandez thought Since graduating a decade ago Her next job was at a smaller about returning to college to earn a from the distinguished Instituto business in a smaller city: Landlife master’s degree in law, but career Tecnológico Autónomo de México, Corporation in Guadalajara. After opportunities kept popping up. Hernandez has held positions at five being hired as legal manager, she was Finally, she decided not to put it off companies, each at an increasing level quickly promoted to legal director, a any longer and won acceptance to

of influence and responsibility. position that brought amazingly long the Law School. CONT >

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< CONT After completing her LL.M. degree (“I needed to make sense of things,” her first day on the job, David Wilson, in 2014, Hernandez plans to take he says) and wrote a symphony titled the firm’s namesake, approached her the New York bar exam and find a “In Memory” for his senior recital. with a case file. “I forgot to tell you,” job in a major American city. In the That composition told the story of he said, handing her a thick stack of meantime, she’s enjoying classes. “The an Iraqi civilian killed by American documents. “There’s no break-in professors are nice and really smart,” troops. The victim—a passenger in period.” she says. “It’s completely inclusive.” a car whose driver ignored repeated Leyendecker immediately began warnings to stop—was a young reading, asking questions of col- ERIC PEFFLEY woman. leagues and grappling with legal Class of 2014 “I was furious at the time,” Peffley terms. “It was real scary at first,” she says of witnessing the incident. “It says. “It’s the type of law where you was a very confusing day.” have to hit the ground running and At the Law School, Peffley has figure things out.” continued to be influenced by his She did just that—and more. military service. He spent the summer Leyendecker thrived at the firm, of 2012 working for the prosecutor’s working for two-plus years helping office at the United Nations people from a diverse array of International Criminal Tribunal for religious and ethnic backgrounds. Rwanda, which led to a paper on She felt drawn to the work, partly genocide, just published in the because her father had emigrated Minnesota Journal of International Law. from Cameroon to the United States. He’s also interned at Minneapolis- “I feel a personal connection to based The Advocates for Human people coming from other countries,” Rights and worked as a research she says. “If I’m able to help, I feel I Eric Peffley joined the U.S. Army on assistant for Professor David should.” August 22, 2001. Weissbrodt, the distinguished scholar Which is why Leyendecker, a When al-Qaeda terrorists destroyed of international human rights law. native of St. Cloud, Minn., decided the World Trade Center towers a few After graduation in the spring of she wanted to move up from legal weeks later, the 17-year-old high 2014, Peffley hopes to get a job as assistant to attorney. Now in her school senior knew his life had staff attorney at the U.S. Capitol or second year at the Law School, she changed. He turned to his buddy, the U.S. Department of State. “I want has completed a year of required who’d also signed up for the military, to have a say in international and courses and is looking forward to and said, “Wow, what did we get national policy,” he says. more specialized offerings such as the ourselves into?” Immigration & Human Rights Clinic Less than two years later, Peffley LEAH LEYENDECKER and coursework in international law. found himself in Iraq, operating as a Class of 2015 Outside the classroom, Leyendecker gunner in a Humvee. In those early has been active in the Black Law days of the war, Humvees lacked Students Association, helping orga- protective armor and bulletproof nize events and moderating a panel glass, resulting in the deaths of many discussion on race and jury selection. gunners. But Peffley escaped harm. She’s also working on a paper for the “I was pretty lucky,” he says. Minnesota Journal of International Law Upon returning home, Peffley on Cameroon’s penal code. studied music composition at Bethel What’s in Leyendecker’s future? University in St. Paul, Minn., and She hasn’t yet decided. worked as an Army water treatment She interned this past summer specialist. Three years later, he at the Minneapolis offices of Gray volunteered to return to Iraq with a Plant Mooty, one of the nation’s 500 psychological operations battalion. largest law firms. “Everyone was very His job: improve relations between welcoming,” she says. Perhaps that’s U.S. forces and Iraqis during a Leah Leyendecker’s initial encounter one reason why, after completing her confusing array of attacks, bombings, with life at a law firm was a shocker. second year at the Law School, she’ll and explosions. “It was extremely The University of St. Thomas be returning to Gray Plant Mooty challenging,” he says. graduate had just landed a job as a next summer. But no matter what she When he arrived home a second legal assistant at Wilson Law Group, chooses to do in the long term, time, Peffley incorporated his war a Minneapolis firm with a large Leyendecker says, she’ll always find experience into his undergraduate practice in immigration law. time to help newcomers to the studies. He added a philosophy major Instead of the usual office tour on United States gain legal status.

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ALLISON KVIEN in Chestertown, Md., she chose HerbLaw and other research Class of 2016 environmental studies as a major, but experiences gave Kvien’s passion a she wasn’t sure what direction it new direction. “I definitely got an would lead her. idea how detailed that sort of work Traditional lab work and field was,” she says. experiences had little appeal. So In-depth analysis appealed to her Kvien started making calls to places so much that she wrote her senior that might provide another kind of thesis on Rapanos v. United States, a experience. One of these was the contentious and multifaceted 2006 Environmental Crimes Section of U.S. Supreme Court case involving a the U.S. Department of Justice. Michigan entrepreneur who hoped Remarkably, she snared a summer to turn a wetlands area into a internship at the agency—the only shopping mall. undergraduate to do so. She did so When Kvien wasn’t reading legal well there that she was invited back opinions or altering resource guides for a second summer. at Washington College, she was in the Her grandmother and uncle were That’s when a supervisor handed pool, churning out laps as a member peanut farmers. Her mother is a her a document known in the of the swim team. She also took an biologist who started The Peanut department as “HerbLaw,” saying, acting class with a friend. As a result, Grower, a magazine dedicated to the “Take a look at this and see if it’s she’s mulling over auditioning for a field. And her father? He’s a crop and worth your time.” HerbLaw, an role in an upcoming production soil scientist who also organizes internal resource guide written by of the Theatre of the Relatively alternative energy conferences. a former staffer, was filled with Talentless (TORT), the annual Law No wonder Allison Kvien has a valuable information, but it was far School musical. deep passion for environmental issues. from user-friendly. Kvien spent And her future career plans? Kvien grew up in Tifton, Ga.— painstaking weeks editing and Environmental law, naturally. the state is America’s biggest peanut reorganizing, and a co-worker producer—before moving with her noticed the improvement. By Todd Melby, a freelance writer family to Maryland at age 15. As an “Is that HerbLaw?” the colleague and radio producer based in undergraduate at Washington College asked. “It doesn’t look like it anymore.” Minneapolis

MARCH 7-8, 2014 PANTAGES THEATRE | MINNEAPOLIS

The 12th annual Theatre of the Relatively Talentless (TORT) musical, “Clue: A Murder Mystery in Mondale,” will be presented on March 7-8, 2014, at the Pantages Theatre in downtown Minneapolis. As always, you can expect singing, dancing, humor, and cameo appearances by faculty, alumni, SAVE THE DATE and members of the legal community. TORT productions are written, directed, produced, and performed entirely by law

VISIT THE WEB AT law.umn.edu/tort.html students. The emphasis is on creativity and fun; talent is OR EMAIL [email protected] recklessly disregarded.

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Immigration and Human to the one-year deadline. They 10 Supreme Court justices most Rights Clinic Student denied asylum on that basis. likely to favor business interests, Argues Asylum Case Before Student attorneys Gaelen five are members of the current U.S. Court of Appeals Schumann (’14) and Hayley Roberts court, with two of them— Steptoe (’14) and adjunct profes- Chief Justice John Roberts and sor Emily Good (’03) partnered Justice Samuel Alito—ranking at with the Immigrant Law Center of the very top among the 36 justices Minnesota’s Pro Bono Litigation in the study. Project, represented by Benjamin University of Minnesota law Casper (’97), Kate Evans, and Sheila students and Law Review editors Stuhlman, to challenge the ruling Chris Schmitter (’13), Lisa Beane and to argue that the Eighth Circuit (’13), Brian Burke (’13), Tom Pryor has jurisdiction over the question. (’13), and Matt Rotenberg (’13) were This federal appeal follows the BIA responsible for bringing the piece proceedings in which Immigration to the journal and managing it and Human Rights Clinic students during the editing process. Jordan Sundell (’11), Kevin Lampone Lee Epstein teaches law and (’12), Matthew Webster (’11) and political science at the University Jonathan Moler (’11) and clinic of Southern California; William director and supervising attorney M. Landes is an economist at the Professor Stephen Meili submitted an University of Chicago; and Judge Gaelen Schumann (’14) amicus curiae brief on the congres- Richard A. Posner sits on the sional intent behind the one-year federal appeals court in Chicago On May 15, clinic student attorney filing deadline and its exceptions. and teaches law at the University Gaelen Schumann (’14) argued of Chicago. before the Eighth Circuit on behalf Minnesota Law Review of a client who had been tortured Lead Article Profiled in Three Students Awarded by military officials in his country The New York Times Peggy Browning Fellowships of origin but was denied asylum The lead article in the Minnesota This past summer, three members because he filed his application Law Review’s 97th volume was of the class of 2014—Alexandra 33 days after the one-year deadline profiled in the Sunday, May 5, Dellarco, Bryan Dooley, and Henry in his case. The attorney on behalf edition of The New York Times. Ha—were awarded, through a highly of the government acknowledged “How Business Fares in the Supreme competitive process among more that this was not a case that “felt Court,” a study authored by Lee than 500 law student applicants good” but argued that the court Epstein, William M. Landes, and nationwide, prestigious 10-week did not have jurisdiction to consider Judge Richard A. Posner, examined Peggy Browning Fellowships in the denial. the claim that the current U.S. public interest labor law. The client came to the United Supreme Court is more favorable to Browning Fellows spend their States on a military training pro- business than previous Supreme summer at labor unions, worker gram. Several months after he Courts have been. centers, the U.S. Department of arrived, he learned from his wife Writing for The New York Times, Labor, union-side law firms, and that his name was on a government reporter Adam Liptak noted, nonprofit organizations working to blacklist in his home country. A “Whether the Roberts court is improve workers’ rights. Dellarco few months later, his wife informed unusually friendly to business worked at the Federal Mine Safety him that government officials had has been the subject of repeated and Health Review Commission in come to his house looking for him. discussion, much of it based on the Office of the Commissioners and They took his children for question- anecdotes and studies based on Office of the General Counsel, and ing and arrested his friends. The small slices of empirical evidence. Dooley worked at Communications client applied for asylum five weeks The new study, by contrast, takes Workers of America, both in later. An immigration judge and a careful and comprehensive look Washington, D.C. Ha worked in New the Board of Immigration Appeals at some 2,000 decisions from York City at the union-side law firm (BIA) decided that because of these 1946 to 2011.” Kennedy, Jennik & Murray. events and the subsequent time it Having examined this 65-year Dellarco has worked as a union took the client to apply for asylum record of decisions, the authors organizer and as an intern in a labor he did not qualify for an exception of the study concluded that, of the relations department for a regional

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Alexandra Dellarco (’14) Bryan Dooley (’14) Henry Ha (’14)

transportation authority. She is cur- reporting on employment relation- Selection criteria for the highly rently researching the legal issues ships sparked an interest in labor regarded Browning Fellowships surrounding mandatory seasonal and employment law. include academic excellence and influenza vaccination policies for Ha has worked at a small a demonstrated commitment to healthcare personnel and also is Minneapolis law firm; the Equal workers’ rights through educational, interested in labor relations con- Employment Opportunity work, volunteer and personal cerning progressive discipline and Commission in Minneapolis and experiences. The program is wrongful termination. She is a staff Washington, D.C.; and the New York intended to encourage and inspire member of Law and Inequality: City Council. He is president of the students to pursue careers in public A Journal of Theory and Practice, Student Employment and Labor interest labor law by offering them published at the Law School. Law Association and was a student unique, diverse and challenging Dooley studied journalism as an attorney in the Workers’ Rights work in fighting for social and undergraduate. Before coming to Clinic. During this fall semester, he is economic justice. the Law School, he spent four years working at the Minneapolis office of The fellowship is supported by the working as a reporter at a daily the National Labor Relations Board Peggy Browning Fund, a nonprofit newspaper in Idaho. He covered (Region 18) and clerking for the U.S. organization established in memory local government, issues related to District Court. Ha is also a notes and of Margaret A. Browning, a promi- migrant workers, and the limitations articles editor on the ABA Journal nent union-side attorney who was on the collective bargaining rights of Labor & Employment Law, whose a member of the National Labor of state teachers. His experiences in editorial home is the Law School. Relations Board from 1994-97.

NEW STUDENT ORGANIZATIONS

ACPG at the University ACPG enables students to create Students in Entreprenerds learn of Minnesota a community with the common about the legal issues small This fall, students at the Law goal of consumer protection, and businesses face and explore what School formed the American it organizes events promoting lawyers can do to address those Consumer Protection Group consumers’ interests while offering needs. The emphasis is on improv- (ACPG), an organization dedicated networking opportunities for all ing the local business community, to helping identify fraudulent University students. with creative problem-solving companies to prevent them from efforts and green or sustainable taking advantage of consumers. Entreprenerds projects particularly encouraged. The ACPG also works with govern- Entreprenerds was organized By improving its members’ ment and private agencies to make this fall to bring together law exposure to local enterprises, sure that appropriate action is students who are interested in Entreprenerds hopes to deepen taken against such firms. During helping small businesses achieve their understanding of the actual, the academic year, the group their goals. Students engage with practical needs of businesses— invites speakers from academia, local small-business owners and which can only make them better government, and nongovernmental lawyers by attending presentations able to serve their future clients. organizations to campus to discuss by expert speakers, taking field consumer protection issues. The trips, and doing volunteer projects. By Valerie Figlmiller

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ALUMNI PROFILES

five years parachuting, becoming a at firms in Minneapolis and Chicago, marksman and gaining honors in with a position as director of interna- aircraft recognition. tional and graduate programs at the After earning an LL.B. from the Law School in between. “Working London School of Economics, with foreign students facing the same University of London, in 1992, she issues I addressed 15 years prior was spent the early part of her career in extremely fulfilling,” she says. Jani has Minneapolis, attracted by opportuni- also participated in career nights in ties in the law. the Twin Cities and alumni events in Upon graduation from the Law Chicago. School, she worked in the Minnesota In 2011, Jani established her own attorney general’s office, where she practice, Jani Law Group, in Chicago, managed the antitrust and environ- and gave rein to her entrepreneurial RIDDHI JANI mental protection divisions. “Working bent, born of working alongside her Class of 1995 at the Office of the Attorney General parents, business owners in inner-city Riddhi Jani was born in Rajkot, instills the highest sense of profes- London, from a young age. India, and raised and educated in sional responsibility and code of Having previously worked on London. Her career has likewise ethics,” she remarks. “It was a rock- deportation cases, with all their spanned diverse areas. Jani took solid foundation for my career.” gratifying and emotionally wrenching advantage of the option her British She turned to the private sector aspects, Jani now focuses on securing secondary school offered to enlist after six years with the government, visas for specialized and extraordi- with the Royal Air Force, spending working as an immigration attorney nary-ability workers, investors and

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303005_guts_50-64_B.indd 50 11/25/13 11:44 AM 4 Paul Shneider (’13), Timothy Billion (’13), Rachel Doely and Peter Doely (’13) at the Welcome to the Bar Breakfast in 1 Jeannine Lee (’81), chair of the October Law School’s Board of Advisors, 3 Jonathan Lebedoff (’63) and at the 125th anniversary gala 2 Professor Myron Orfield and the Bill Dolan (’63) at the class of 5 Bruce Mooty (’80) and in October Honorable Jack Davies (’60) 1963’s 50th reunion in April John Mooty (’44)

3 5

multinational executives. incidents were still new. “There was a She established an unintended niche need,” he says. “I volunteered for it market when she recently convinced and began to work in it more and immigration authorities to reverse more until it became full-time in their decision to deport a foreign 2012.” national who left an abusive American Terms and issues such as big data, spouse and instead grant her a green the cloud, privacy by design, and card. Word of this unusual reversal de-identified data fill Granberg’s spread among other foreigners in workdays. As he balances the privacy similar predicaments. “When studying interests of individual members, law, it’s sometimes hard to envision patients, customers, corporate entities, that the specialized knowledge you hospitals, other health plans and life gain has value, and not purely in a sciences companies, he finds it most commercial sense,” she says. “It can You have to collate disparate facts and rewarding “to really think creatively really change someone’s path.” find ways to effectively communicate and advise the client as to how they and advise your client about the best can appropriately use health care data MITCH GRANBERG course based on available informa- in a way that makes the health care Class of 1998 tion.” system better.” In his position as chief privacy Privacy is a hot topic now, but For Granberg, it’s about much counsel for Optum, a division of when Granberg was in law school, more than the data. “Privacy is about UnitedHealth Group, a health HIPAA—the Health Insurance human dignity and it is a human insurance services company head- Portability and Accountability Act, right,” he says. quartered in Minnesota, Mitch which contains stringent privacy As opportunities for attorneys to Granberg seems a long way from his provisions—hadn’t yet been enacted. work in privacy compliance grow, early career as a military intelligence And when he joined Optum as an Granberg is among those helping officer stationed in the Republic of associate general counsel in 2007, prepare them. The Law School Korea and in Texas. However, he says, after eight years as a litigator with recently invited him to be on a panel “Being a military intelligence staff Dorsey in Minneapolis, handling for a CLE program called The Ethics officer is a lot like being an attorney. privacy and investigating privacy of Corporate Compliance. It was CONT >

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< CONT such a good experience that he hopes courses in criminal law, statutory ment, she chose the D.C. office over to find more ways to be involved in interpretation, federal courts and Minneapolis for the diversity of the the future. He says, “The U of M criminal procedure. business and legal communities—and really helped me learn how to think Before he joined the Indiana better weather. critically and in a detailed way about faculty, Scott had never been a Prior to joining GPM, Frank problems without getting lost in the classroom teacher. “I am happy to worked on landlord-tenant disputes details and did a good job of training report that the classroom part is my in the Hennepin County Housing me to think about the law and favorite,” he says. “I hope I challenge Court as a law clerk with the regulations and how they apply in the students to think about the big Volunteer Lawyers Network. During real world.” picture of practice and to be ethical an externship with Judge Joan N. prosecutors and defense attorneys.” Ericksen of the U.S. District Court in Scott also works his connections to Minnesota, she observed Ericksen link students with potential employers. and her colleagues handle criminal He received the Indiana University and civil trials in the very kinds of law school’s Outstanding Interactive courts in which Frank now litigates. Professor Award in April 2012. “It’s always helpful to see real lawyers As co-chair of the LGBT in action and see what’s going on Committee in the ABA’s Criminal behind the scenes,” she says. Justice Section, Scott recently helped About three quarters of her author and sponsor a resolution on practice with GPM’s Franchise & the gay panic defense to drive policy Distribution group involves repre- changes in criminal defense and senting franchisors in federal and state improve training around LGBT courts. While it is essentially contract issues. litigation, she enjoys the fact that RYAN SCOTT That’s a rich mix of perspectives to trademark issues are involved and that Class of 2005 bring to students. But it’s not all. franchise contract terms range from For Ryan Scott, associate professor at Scott had so much fun participating 10 to 20 years. She says, “We really Indiana University’s Maurer School in the Law School’s Theatre of the get to know our clients’ businesses of Law since 2009, studying law at Relatively Talentless that he imported and help them make good decisions.” the U of M lit the intellectual spark the idea of an original musical to Frank has also been helping startup that propelled him into academia. In Indiana, where it’s playing well. He companies launch and grow their particular, as an articles editor of the tells everyone it started at Minnesota. businesses and is working with a Law Review, he discovered that he growing number of American enjoyed reading scholarship and franchisors expanding abroad and working with scholars. foreign franchisors entering American When Scott clerked with Judge markets. Michael McConnell of the U.S. Frank may be firmly planted in a Court of Appeals in Salt Lake City, he large law firm, but she is still working gained insight into how judges think. for nonprofits, now as a volunteer for Scott delved further into the work- the Washington Legal Clinic for the ings of courts and sentencing during Homeless and for the Asian Pacific a one-year Bristow Fellowship in “the American Bar Association best litigation shop in the country,” Educational Fund. For the Law he says—the Office of the Solicitor School, she’s been busy creating more General, which represents the United opportunities for the many alumni in States before the Supreme Court and the nation’s capital to assist students approves all appeals. MAISA JEAN FRANK and each other. Quarterly networking While he was an associate at Class of 2010 happy hours are happening, a O’Melveny & Myers in Washington, Maisa Jean Frank, an associate with lunchtime speakers series is launched, D.C., from 2007-09, Scott was part of Gray Plant Mooty (GPM) in and an email list server gives alumni a the team that won two cases before Washington, D.C., might well have place to post job openings and make the Supreme Court: Skilling v. United returned to nonprofit work had she referrals. Frank says, “It’s great for States and, unanimously, the pro bono not fortuitously been paired with alums of all ages and people contem- case Abuelhawa v. United States. the venerable firm through the plating moves.” Those experiences gave him a deep Minnesota State Bar Association’s understanding of courts and strong 1L Minority Clerkship Program. By Karen K. Hansen, a freelance opinions about sentencing, subjects When GPM offered her a position writer and clarinetist based in that show up in his writing and his after her second summer of employ- St. Paul

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Mike Hatch (’73) Receives Hatch said in a DFL press release reputation in both the legal profes- Mondale Public Service about his award that he became sion and as a proven authority in a Award interested in politics and making a specialized area of law; background difference when, as a U.S. Merchant and experience; complexity and Marine on the Great Lakes, he saw scope of matters handled; global or smoke rising from Detroit during national importance of issues the riots of the 1960s. He earned a confronted; creativity; uniqueness B.A. in political science at the of new approaches adopted; proven University of Minnesota-Duluth in leadership; and professionalism. 1970, then a J.D. at the Law School. Findlay was nominated by the After attending a precinct caucus in Minneapolis-based law firm 1974, he knew politics was his career Fredrikson & Byron. pathway—but he has found his way Baer and Findlay accepted their back to the Law School to make honors at the Burton Awards 14th several cameo appearances in Annual Awards Program and Gala Mike Hatch (’73), a former Theatre of the Relatively Talentless in June, at the Library of Congress Minnesota attorney general, was (TORT) student productions. in Washington, D.C. The formal selected to receive the Joan and event is co-hosted by the Library Walter Mondale Award for Public Timothy R. Baer (’85) of Congress and the Burton Service. He accepted the award, and Board of Advisors Foundation. which is given by the Minnesota Member D. Cameron Findlay The nonprofit Burton Foundation DFL Party, at its second annual Win Burton Awards for Legal was founded by William C. Burton, Humphrey-Mondale Dinner in April. Achievement a former New York State assistant Hatch was elected and served attorney general and a strong as Minnesota’s attorney general advocate of plain language in legal from 1999-2007. While in office writing. Its award program was he took action against banks, launched in 2000 and has grown in utility companies, insurers and prestige, prominence and competi- health care organizations that broke tiveness over the years. Professors the law. He also took on financial from Harvard Law School, the waste, excessive administrative University of Pennsylvania Law expenses, denials of health care School, and the University of claims and other abuses, and filed California at Irvine School of Law, two federal privacy lawsuits to among others, select the award safeguard consumers’ private winners. information against disclosure Timothy R. Baer (’85), executive In previous years, the University to third parties. vice president, general counsel, and of Minnesota Law School received From 1983-90, at the appoint- corporate secretary for Target a Record of Distinction Burton ment of Gov. Rudy Perpich, he Corp., and University of Minnesota Award, and numerous students served as commissioner of the Law School Board of Advisors have won Burton Awards, earning Minnesota Department of member D. Cameron Findlay, who the Law School a position as one Commerce, and from 1980-82 he serves as senior vice president, of only five schools to receive chaired Minnesota’s DFL Party, general counsel and secretary for Burton Awards seven or more stepping up from his position as a Medtronic Inc., are both recipients times. Numerous alumni have won member of the DFL Executive of 2013 Burton Awards for Legal Burton Awards in other categories Committee and chair of the Second Achievement. as well. Congressional District. Baer is the winner of the Public He also worked in private practice Interest Award, presented to “an Peter J. Carlton (’96) at Hatch, Eiden & Pihlstrom, which individual who serves as general Named Chief Counsel to he headed from 1992-98. At present counsel in one of America’s corpo- New NLRB Member he is a trial and litigation attorney rations and, on a pro bono basis, New National Labor Relations with Blackwell Burke in Minneapolis, has made a significant contribution Board (NLRB) member Philip A. practicing in the areas of complex or has had a significant impact on Miscimarra, who was confirmed by litigation, regulatory compliance, the public interest.” the U.S. Senate in July, announced unfair competition, insurance and Findlay is a Legends in Law in August that he has selected Peter

health care. winner, selected on the basis of J. Carlton (’96) as his chief counsel. CONT >

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< CONT chief judge, Matthew Johnson, had announced that he would not seek reappointment when his term ended on Oct. 31. In announcing the appointment in September, Minnesota governor Mark Dayton said, “Judge Cleary has demonstrated a strong commitment to public service throughout his career and to justice as a member of the judiciary. He has Carlton has worked as an NLRB received the highest possible Cummins and his brother, attorney since 2001, most recently recommendations from attorneys Brendan Cummins, co-founded as chief counsel to Terence Flynn, who have appeared before him and Cummins & Cummins, based in one of three NLRB members given from colleagues who have worked downtown Minneapolis. Justin recess appointments in January with him.” Cummins prosecutes cases of 2012 by President Obama. He has Cleary was appointed to the retaliation, harassment and discrimi- served in various capacities for Court of Appeals by Gov. Dayton in nation in employment, housing and eight board members, including 2011, having served as a judge for other areas. He also litigates labor chief counsel, assistant chief the state’s Second Judicial District law, wage, non-compete, consumer counsel, and senior counsel. (Ramsey County) since 2002. and constitutional claims. In addi- Carlton has a B.A. in English from Before that he was director of the tion, he provides strategic advice to the University of Michigan and a Minnesota Lawyers Professional individuals and labor organizations Ph.D. in English from the University Responsibility Board (1997-2002), a in non-litigation as well as contrac- of Virginia. From 1985-92, he was an lawyer in private practice for nearly tual matters. assistant professor in the English 20 years, and an assistant public Cummins has taught courses on department at St. John’s University defender for Ramsey County. employment law and civil rights in Collegeville, Minn. At the Law Cleary is a member of the litigation at the Law School, and School, he worked on Vol. 79-80 of Minnesota Sentencing Guidelines he spearheaded the development the Minnesota Law Review, and Commission, the Minnesota and of the Workers’ Rights Clinic. He after graduation he clerked for Ramsey County bar associations is a past chair of the Minnesota Judge George G. Fagg of the U.S. and the Minnesota District Judges State Bar Association’s Labor & Court of Appeals for the Eighth Association. He has been an adjunct Employment Law Section and a past Circuit. He was an attorney at Jones professor at the Law School since officer of the National Employment Day in Washington, D.C., before join- 2000. In 1994 his book Beyond the Lawyers Association’s Eighth Circuit ing the NLRB. Burning Cross: A Landmark Case of and Minnesota Boards. Race, Censorship, and the First The Karla R. Wahl Dedicated Judge Edward J. Cleary (’77) Amendment was published by Advocacy Award was established in Appointed Chief Judge of Random House. In 1996 the book 2000 by Minnesota NELA to honor Minn. Court of Appeals won the American Library the memory of Karla Wahl and to Association’s Oboler Memorial continue her tradition of promoting Award, which honors the nation’s employee rights. Wahl was a best work on intellectual freedom. dedicated and loyal advocate of civil rights who worked to protect Justin Cummins (’97) and advance the rights of employ- Receives NELA Dedicated ees in Minnesota. Advocacy Award Justin Cummins (’97) received William Donohue (’74) the 2013 Karla R. Wahl Dedicated Appointed General Counsel Advocacy Award from the of the University of Minnesota chapter of the National Minnesota Employment Lawyer Association Law School alumnus William Judge Edward J. Cleary (’77) has (NELA) at a banquet held May 20 in Donohue (’74) has been appointed been appointed chief judge of St. Paul. The award recognizes general counsel of the University of the Minnesota Court of Appeals, Cummins’s work in advancing Minnesota, filling the position effective in November. The previous employment law and civil rights. previously held by Mark Rotenberg.

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MSBA executive director Tim the MSBA’s 2010 endorsement of a Groshens said, “Phil Duran has marriage-equality resolution, the been a very active member of the Minnesota AIDS Project and the Association for over a decade. Chicago office of Lambda Legal As an advocate for various issues Defense and Education Fund. He during that time, I have seen him has served on the board of the engage numerous bar committees Minnesota Lavender Bar Association and leaders, giving him a breadth of and the Minneapolis Civil Rights understanding of the organization Commission. In 1997, he received a that has made him a very effective Community Service Award from the officer.” Human Rights Campaign for his Donohue has been deputy Duran, who served as MSBA work in his native Michigan. general counsel since 1996 and has secretary in 2010-11, treasurer in Duran received a B.A. with honors served in the Office of the General 2011-12 and president-elect in in history from Michigan State Counsel (OGC) since 1982. He was a 2012-13, is legal director at OutFront University in 1989 and his J.D. litigator representing the University Minnesota, the state’s largest GLBT magna cum laude from the in state and federal courts for many advocacy organization. Duran is the University of Minnesota Law School years, and has spent the past first MSBA president from the in 2000. several years overseeing the overall lesbian, gay, bisexual, and transgen- Duran was joined on the MSBA administration of the office, direct- der (LGBT) community and the first board by Michael Unger (’81), who ing University litigation and super- president from Generation X. took office as secretary and is on vising OGC lawyers responsible for Duran said he looks forward to track to become president for the litigation and labor employment. serving as MSBA president at a time 2015-16 bar year. Richard Kyle will In making the announcement, when the dynamics of the profes- serve as MSBA president for the President Eric W. Kaler said, “The sion are changing. “Law school 2014-15 bar year. role of the general counsel is a enrollments are down, while law With more than 16,000 members, critical one to this institution. I am school student loan debt is up,” the MSBA is the state’s largest and confident that Bill’s leadership quali- said Duran. “The profession is also most influential voluntary organiza- fications, experience, and deep encountering new competition from tion of attorneys, providing continu- institutional knowledge will enable online services which mimic, but do ing legal education and public him to successfully lead the OGC not adequately substitute for, actual service opportunities for lawyers and serve as a key member of my legal advice. We are also concerned and assistance to the legal system. senior leadership group.” about increasing attacks on our Donohue assumed the position financially stretched judicial system. Judge Harriet Lansing in May. The MSBA has an important role to (’70) Elected Uniform Law play in shaping the future of the Commission President Phil Duran (’00) Elected legal community.” Minnesota State Bar In addition to serving as president Association President of the MSBA, Duran will continue to represent the organization on Minnesota Governor Mark Dayton’s Task Force on the Prevention of School Bullying. He also chairs the Sexual Orientation/Gender Identity subcommittee of the Minnesota Judicial Council’s Committee for Equality and Justice. He is a staff attorney for the Management Assistance Program for Nonprofits, Judge Harriet M. Lansing (’70) where he helps start-up organiza- was elected to a two-year term tions with incorporation, tax and as president of the Uniform Law Phil Duran (’00) took office July 1, other issues. Previously he worked Commission (ULC) at its annual 2013, as the Minnesota State Bar with Patient Resource Consultants meeting in Boston in July. She Association (MSBA) president for in Michigan as a client advocate. recently completed a two-year the 2013-14 bar year. Duran’s extensive advocacy term as chair of the Executive

In welcoming Duran as president, experience also includes work for Committee, the ULC’s governing CONT >

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< CONT body, which implements policies Wahl Judicial Excellence Award long overdue.” adopted at its meetings. Before that from the executive council of the Jones was confirmed 53-42 after she served a two-year term as chair Minnesota State Bar Association Senate Democrats were forced into of the Scope and Program Public Law Section. a last-minute scramble for votes to Committee, the group that recom- The ULC is composed of more head off a Republican filibuster of mends projects to the ULC. than 350 legal professionals and his nomination. Sen. Heidi Heitkamp Judge Lansing, a senior appeals state officials appointed by all U.S. (D-N.D.) cast the decisive cloture court judge in St. Paul, has been a states, the District of Columbia, vote. ULC member since 1993 and has Puerto Rico and the U.S. Virgin Jones has served as Minnesota’s served as a Minnesota uniform law Islands to draft and promote U.S. attorney during the Obama and commissioner on the committee to uniform laws that solve shared Clinton administrations. He got his revise the Uniform Certification of problems. Uniform acts approved at start in Minnesota’s U.S. attorney’s Questions of Law Act, the Uniform the 2013 annual meeting were the office during the early 1990s as an Limited Liability Company Act and Uniform Act on the Prevention of assistant U.S. attorney under the Uniform Limited Partnership and Remedies for Human Thomas Heffelfinger (’76). He was Act. In addition, she serves on the Trafficking, the Uniform Powers of nominated by President Bill Clinton Standby Committee for the Uniform Appointment Act, Amendments to and served as Minnesota’s U.S. International Choice of Court the Uniform Child Custody attorney from 1998–2001; in 2009 Agreements Act and is a member Jurisdiction and Enforcement Act President Obama nominated him for of the Joint Editorial Board for Pertaining to International his current term. International Law and the Proceedings, and Amendments to After graduating from the Law International Legal Developments the Uniform Harmonized Business School, Jones enlisted in the U.S. Committee. Organizations Code. Marine Corps, where he served as Judge Lansing was first an infantry officer with the 7th appointed to the Minnesota Court U.S. Senate Confirms B. Todd Marine Regiment and subsequently of Appeals in 1983 and served as a Jones (’83) as Permanent as both a trial defense counsel and full-time judge until the end of May Director of ATF prosecutor in a number of courts 2011. She was one of the original martial proceedings. He left active appointees when the Court of duty in 1989 and was recalled as a Appeals was founded in 1983 and Marine Corps reservist for Operation was subsequently elected to five Desert Storm in 1991. He was successive terms. honorably discharged in 1998. An She began her legal career as experienced prosecutor of drug staff counsel to the St. Paul Housing trafficking, firearms and vio- and Redevelopment Authority in lent-crime cases, Jones also 1970. After working as an assistant practiced with Oppenheimer, Wolff city attorney in 1972 and in private & Donnelly; Robins, Kaplan, Miller & practice at a St. Paul firm from Ciresi; and Greene Espel. 1973-76, she served as St. Paul’s The ATF has been without a city attorney from 1976-78. She was In July, the U.S. Senate confirmed permanent director since 2006, a trial judge on the Ramsey County Minnesota U.S. Attorney B. Todd when its law enforcement functions Municipal Court from 1978 until Jones (’83) to be the next director under the U.S. Department of the her appointment to the Court of the Bureau of Alcohol, Tobacco, Treasury were transferred to the of Appeals. Firearms and Explosives (ATF). U.S. Department of Justice, and ATF An active participant in legal Jones will be the agency’s first director nominees became subject education, Judge Lansing has permanent head since 2006. He to Senate confirmation. Nominees served as an adjunct professor in has been Acting Director of the preceding Jones failed to obtain Minnesota law schools and in the ATF since 2011. Senate approval, largely because of Judicial Appellate Institute at New In a statement, President Obama objections by pro-gun groups. York University Law School. She has said, “Todd Jones is a tough and received numerous distinguished tested law-enforcement professional President Obama Taps service awards, including the with decades of experience, and Arne Sorenson (’83) as 2011 Advocate Award from the his confirmation to lead the Bureau International Trade Advisor Minnesota State Bar Association of Alcohol, Tobacco, Firearms and Arne Sorenson (’83), president and Civil Law Section and the Rosalie Explosives is both welcome and CEO of Marriott International, was

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Sorenson, Lockheed Martin Corp. labor and government sectors. CEO Marillyn Hewson, and AES In addition to his executive Corp. CEO Andrés Gluski were responsibilities at Marriott, selected to serve on the President’s Sorenson is chairman of the Export Council, the principal company’s Global Diversity and national advisory committee on Inclusion Council, which monitors international trade. The council, and evaluates progress toward which is part of the International increased diversity within the Trade Association, advises the Marriott workforce and within its president of government policies network of suppliers and business and programs that affect U.S. trade partners. He co-founded Marriott’s performance; promotes export Global Sustainability Council in one of three business executives expansion; and provides a forum 2007, and in 2008 launched chosen in September 2013 to advise for discussing and resolving Marriott’s rainforest preservation President Barack Obama on matters trade-related problems among the partnership with the Amazonas of international trade. business, industrial, agricultural, Sustainable Foundation in Brazil.

UPCOMING ALUMNI EVENTS Keep an eye out for our monthly digest email providing up-to-date information regarding

volunteer opportunities 1 2 and alumni events, or visit community.law.umn.edu.

> RECENT GRADUATES HAPPY HOUR January 15, 2014, at Mason’s in Minneapolis. Watch for details in December at community.law.umn.edu 3 > TORT PRE-SHOW ALUMNI RECEPTION Students and alumni are WELCOME TO THE BAR OCTOBER 25, 2013 invited to a pre-show reception Graduates from the class of 2013 and their families and friends gathered for tentatively scheduled for breakfast before the Minnesota Bar Admissions Ceremony at the St. Paul March 8, 2014. More details RiverCentre. Dean David Wippman and Jeannine Lee (’81), chair of the Law will be available in January School’s Board of Advisors, congratulated the recent graduates on their at law.umn.edu/TORT.html. achievements and welcomed them officially to the Bar and to the University > SPRING ALUMNI WEEKEND of Minnesota Law School alumni community. April 25-26, 2014 See back cover or community. 1 Class of 2013 graduates 2 Jeannine Lee (’81) addresses 3 Nearly 180 members of the law.umn.edu/saw for details. Jennifer Rutz, Jacquelyn Lutz, the graduates and their families, Class of 2013 and their families and Paula Polasky enjoy congratulating them on their attended the breakfast a chance to reconnect and admittance to the Bar and sharing celebrate their admittance the Law School community’s to the Minnesota Bar pride in their achievements

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Class Notes NEWS ABOUT YOUR CLASSMATES AND COLLEAGUES

1953 Mike Hatch, a former Tom Shroyer was Stanley Efron of Henson & Efron in Minneapolis was Minnesota state attorney re-elected to a three-year recognized by The Best Lawyers in America for his work in general, received the Joan term as a member of the corporate law. and Walter Mondale board of directors for Moss Award for Public Service & Barnett in Minneapolis. 1967 given by the Minnesota He serves as the firm’s Richard Nygaard of Schwebel, Goetz & Sieben in DFL Party. president and chief Minneapolis was named a 2013 Minnesota Super Lawyer. executive officer, and is a member of the accountant Judge Joseph Wieners retired as a full-time judge law and litigation practice areas. 1968 in Dodge County, Minn., in August after serving for 21 Jim Schwebel of Schwebel, Goetz & Sieben in years. Judge Weiners began his legal career as a law 1978 Minneapolis was named a 2013 Minnesota Super Lawyer. clerk for the Honorable John Bartholomew of the Wis- Jack S. Levey authored consin Eighth Circuit Court of Appeals. He spent a few a chapter titled “Impact Harry A. Sieben Jr. years in private practice in Wisconsin and also was an of Subleasing and of Sieben, Grose, instructor at the University of Wisconsin-Stout, teaching Assignment Clauses Von Holtum & Carey in labor law and hotel-restaurant law. on Transfers of Minneapolis was named Businesses” in The a 2013 Minnesota Super William F. Klumpp Jr. received the Julius E. Gernes Sublease and Assignment Lawyer. Prosecutor Award of Excellence from the Public Law Deskbook: Legal Issues, Forms, and Drafting Techniques Section of the Minnesota State Bar Association. The for Commercial Lease Transfers, a compendium 1969 award was presented in recognition of his dedication published by the American Bar Association’s Section Joseph T. Dixon Jr. of Henson & Efron in Minneapolis and commitment to public service and the public of Real Property, Trust and Estate Law. He is a senior was recognized by The Best Lawyers in America for his practice of law. Klumpp is a prosecutor in the District attorney in Plunkett Cooney’s Columbus, Ohio, work in bet-the-company litigation and commerical Court Trial and Appellate Division of the Minnesota office and focuses his practice in the areas of real litigation. He has been honored by the Minnesota State attorney general’s office. estate, commercial leasing and contracts, and Bar Association as a North Star Lawyer. business law. 1974 Robert R. Weinstine, a founding partner at Winthrop William Donohue became general counsel of the William L. Patberg of & Weinstine in Minneapolis, was selected by Chambers University of Minnesota, effective May 22, 2013. Prior to Shumaker, Loop & USA as a leading practitioner in its 2013 edition. He was his appointment, he served in the Office of the General Kendrick in Toledo, Ohio, also selected as a 2013 Super Lawyer and named to the Counsel for more than 30 years. was included in the 2013 Super Lawyers annual Top 100 list, as well as recognized edition of The Best Lawyers in The Best Lawyers in America for his work in commercial 1976 in America, in the area of litigation. John Goetz of Schwebel, Goetz & Sieben in Minneapolis environmental law. He was named a 2013 Minnesota Super Lawyer. was also ranked a Leading Lawyer in the area of natural 1970 resources and environment in the 2013 Chambers USA Judge Harriet Lansing, senior appeals court judge in St. Hart Kuller of Winthrop & Weinstine in Minneapolis was “Guide to America’s Leading Business Lawyers.” Paul, was elected to serve a two-year term as president recognized by The Best Lawyers in America for his work of the Uniform Law Commission. in bankruptcy and creditor debtor rights/insolvency and 1980 reorganization law. Keith J. Broady was 1971 elected to a two-year William F. Forsyth of Henson & Efron in Minneapolis was 1977 term on the board of recognized by The Best Lawyers in America for his work in Judge Edward J. Cleary was appointed by Governor directors of Lommen, family law. Mark Dayton to be the chief judge on the Minnesota Abdo, Cole, King & Court of Appeals. Stageberg in Minneapolis. 1973 Alan C. Eidsness of Henson & Efron in Minneapolis was Peter Riley of Schwebel, Goetz & Sieben in Minneapolis Max Hacker of Schwebel, Goetz & Sieben in Minneapolis recognized by The Best Lawyers in America for his work in was named a 2013 Minnesota Super Lawyer. was named a 2013 Minnesota Super Lawyer. family law and family law mediation.

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SEND US YOUR NEWS > Your classmates and the Law School would love to know what important things are going on in your life, and we welcome your submissions for the Class Notes section of Perspectives. To be included in the next issue, your items must reach us by March 1, 2014. Submit your news via email at [email protected], or via mail to the Office of Advancement, Suite 321, University of Minnesota Law School, 229 19th Ave. S., Minneapolis, MN 55455. We look forward to hearing from you, and thanks for keeping in touch!

Neil Nelson of the Scott 1983 1986 County Attorney’s Office George I. Connolly, senior vice president, Bradley Brekke, vice president of asset protection for was named a certified Wealth Management Group, Securian Financial Group Target Corp., was the keynote speaker at the Security criminal law specialist by Inc., was elected to the American College Board 500 networking and management conference at the the Minnesota State Bar of Trustees. Sheraton Times Square Hotel in New York City on Association. November 5, 2013. Brekke discussed “Breaking the Corrine Heine, formerly a shareholder at Kennedy & Mold…Delivering Value-Added Security” and shared 1981 Graven in Minneapolis, was appointed city attorney of insights into his team’s efforts to mitigate physical and Jon J. Hoganson of Winthrop & Weinstine in Minnetonka, Minn. operational risks across a large and renowned retail Minneapolis was selected by Chambers USA as a leading company. practitioner in its 2013 edition. He was also selected as a Arne Sorenson, CEO of Marriott International Inc., was 2013 Minnesota Super Lawyer for his work representing among a handful of business executives chosen to ad- 1988 banking clients in commercial real estate financings. vise President Barack Obama on matters of international Susan D. Lenczewski trade and to serve on the President’s Export Council, joined Moss & Barnett in Jeannine L. Lee of a national advisory committee on matters related to Minneapolis. She will work Leonard, Street and international trade. with the firm’s business Deinard in Minneapolis law and wealth was selected as one of the 1984 preservation and estate Top 50 Women Minnesota Timothy M. Barnett of Winthrop & Weinstine in planning teams. Super Lawyers. Minneapolis was selected by Chambers USA as a leading practitioner in its 2013 edition. He was also selected as a Sara Jones joined the Minneapolis Heart Institute David Moran, a 2013 Minnesota Super Lawyer. He works with closely Foundation as a major and planned giving officer. She shareholder at Winthrop held midmarket businesses, specializing in franchise has worked in philanthropy, including at the University and Weinstine in transactional work and traditional M&A and joint of Minnesota Law School, for the past 12 years, following Minneapolis, was named venture matters. her legal career with the Minnesota attorney general’s to Minnesota Business office and in private practice. magazine’s “The (Real) Philip T. Colton of Winthrop & Weinstine in Minneapolis Power 50” list. He was was named a 2013 Minnesota Super Lawyer. Thomas H. Frieberg of Frieberg, Nelson & Ask in also selected as a 2013 Minnesota Super Lawyer. Beresford, S.D., was elected president of the State Bar Annamarie A. Daley of Barnes & Thornburg in Minne- of South Dakota. Carol Taylor, vice apolis was featured in the 2013 Minnesota Super Lawyers president, counsel, and Magazine. 1989 compliance officer of Steven S. Bartelt was promoted to director of legal Amerisure Mutual 1985 affairs for the Marcus Corporation, based in Milwaukee. Insurance Company, Jeffrey R. Ansel of Winthrop & Weinstine in Minneapolis received the Federal was named a 2013 Minnesota Super Lawyer. He was also John M. Dornik joined Siegel Brill in Minneapolis as a Home Loan Bank of named among the Lawyers of the Year in the area of partner. He is an established trial lawyer representing Indianapolis’s Community Spirit Award for her work banking and finance for Minneapolis in The Best Lawyers clients in personal injury, medical negligence, wrongful with Vista Maria. Vista Maria is a nonprofit organization in America. death and aviation matters. that provides care, support, treatment and education for girls victimized by abuse and neglect. Robert Lazear of Schwebel, Goetz & Sieben in Minneap- Joseph P. Tamburino of olis was named a 2013 Minnesota Super Lawyer. Caplan & Tamburino Law 1982 Firm in Minneapolis was Stacy D. Rubsam joined CliftonLarsonAllen in Derek Sorenson of Quarles & Brady in Phoenix was named a certified criminal Minneapolis as a tax partner. ranked in the 2013 edition of the Chambers USA law specialist by the directory. He was also recognized in the 2013 edition Minnesota State Bar Todd B. Urness of Winthrop & Weinstine in Minneapolis of The Best Lawyers in America for his work in real Association.

was named a 2013 Minnesota Super Lawyer. estate law. CONT >

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< CONT Thomas A. Walker of Winthrop & Weinstine in Minne- Business at the University of St. Thomas in Minneapolis. 2000 apolis was recognized by The Best Lawyers in America for Her most recently published scholarship includes a Elizabeth C. Perkins was his work in employee benefits (ERISA) law. chapter on post-grant review in The Changing Face of re-elected to serve a U.S. Patent Law and its Impact on Business Strategy second three-year term as Patrick W. Weber of Winthrop & Weinstine in Minneapo- (Edward Elgar Publishing Inc., 2013). a member of the Seventh lis was recognized by The Best Lawyers in America for his Circuit Bar Association’s work in banking and finance law. 1995 board of governors. Matthew R. McBride of Winthrop & Weinstine in 1990 Minneapolis was named a 2013 Minnesota Super Lawyer Shanna L. Strowbridge Eric T. Cooperstein was and was included in the Super Lawyers annual Top was elected a shareholder elected the 95th president 100 list. of Moss & Barnett in of the Hennepin County Minneapolis. She focuses Bar Association. His Laura A. Pfeiffer of Winthrop & Weinstine in Minneapolis her practice on business private law practice was named a 2013 Minnesota Super Lawyer. law and real estate law. focuses on legal ethics, risk management and 1996 2003 practice management. Juan Avila joined Arthur, Johnathan “JR” Maddox Chapman, Kettering, joined Henson & Efron in Gregory B. Perleberg joined Buchalter Nemer in Los Smetak & Pikala in Minneapolis. He focuses Angeles as a shareholder in the intellectual property Minneapolis as a senior on the development and and corporate practice groups. associate attorney in May protection of clients’ 2013. His practice is intellectual property and 1991 focused on construction other business assets. Amarnath Budarapu of Baker & McKenzie in Dallas was law, professional malpractice, personal injury, premises elected chair of the firm’s North America corporate and liability and products liability. 2004 securities practice group. His practice includes advising Jeffrey DeBruin joined IO Data Centers in Arizona as companies and underwriters in structuring and 1997 senior counsel. His practice includes transactional and executing corporate transactions. He will continue to Justin Cummins, co-founder of Cummins & Cummins in financing matters, general corporate matters and serve as chair of Baker & McKenzie’s global capital Minneapolis, received the Karla R. Wahl Dedicated corporate governance support. markets practice group. Advocacy Award from the Minnesota chapter of the National Employment Lawyers Association in Jaime Driggs of Henson & Efron in Minneapolis was Chad Baruch was named the head men’s basketball recognition of his work in advancing employment law honored by the Minnesota State Bar Association as a coach at Paul Quinn College in Dallas. and civil rights. North Star Lawyer.

1992 Hoyt R. Stastney of Michael Hawkins of Fish & Richardson in Minneapolis Jonathan O. Steen, co-founder of Redding, Steen & Quarles & Brady in was named one of Minnesota Lawyer’s Up & Coming Staton in Jackson, Tenn., was elected president of the Milwaukee was recognized Attorneys for 2013. Tennessee Bar Association. by The Best Lawyers in America for his work in Stuart Nelson joined 1993 banking and finance law, Faegre Baker Daniels in William A. Stock of financial services Minneapolis as an Klasko, Rulon, Stock & regulation law, securities, capital markets law and associate. He will focus his Seltzer in Philadelphia securities regulation. practice on patent was named one of the prosecution and other IP nation’s most powerful 1998 litigation. employment attorneys in Rudy Hutagalung joined PT Bank CIMB Niaga, immigration law by Indonesia’s fifth largest bank, as head of legal and Matthew D. Sloneker was elected a shareholder of Human Resource Executive magazine. He was also corporate affairs. Lind, Jensen, Sullivan, & Peterson in Minneapolis. recognized by The Best Lawyers in America for his work in He practices in the firm’s litigation group. immigration law. 1999 Nabil Sabki joined Latham & Watkins in Chicago as a Amelia Wilson co-authored “Applying Method to 1994 partner in the corporate department. Prior to joining the Madness: The Right to Court Appointed Susan J. Marsnik was promoted to the rank of professor Latham & Watkins, he worked in Kirkland & Ellis’s Guardians Ad Litem and Counsel for the Mentally Ill in of ethics and business law at the Opus College of Chicago office. Immigration Proceedings,” an article appearing

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in volume 16 of the University of Pennsylvania’s Journal Margaux C. Soeffker, Jacob Tyler Rodenbiker of Vogel Law Firm in Bismarck, of Law and Social Change. senior attorney at N.D., was appointed by Governor Jack Dalrymple as Tressler Law in North Dakota’s newest uniform law commissioner. 2005 Minneapolis, was named Inchan Hwang of Gray Plant Mooty in Minneapolis was a 2013 Minnesota Rising Karla Vehrs of Lindquist & Vennum in Minneapolis named one of Minnesota Lawyer’s Up & Coming Star by Super Lawyers. was named one of Minnesota Lawyer’s Up & Coming Attorneys for 2013. Attorneys for 2013. 2006 Elizabeth Kniffen of Zelle Hofmann in Minneapolis Nena Fox, a senior 2007 was named one of Minnesota Lawyer’s Up & Coming associate at Fredrikson & Anthony N. Kirwin was Attorneys for 2013. Byron in Minneapolis, promoted to partner at was included in the Lindquist & Vennum in Bridget McCauley Nason Minneapolis/St. Paul Minneapolis. He is a was elected a shareholder Business Journal’s 40 member of the firm’s at LeVander, Gillen & Miller under 40 list for her work commercial litigation in Minneapolis. She in planning for the Global Robotics Innovation Park. practice. concentrates her practice primarily in the areas of Nadia B. Hasan joined the new Minneapolis office of Archana Nath of Oppenheimer Wolff & Donnelly in municipal law and Cozen O’Connor as a partner. She focuses her practice Minneapolis was named one of Minnesota Lawyer’s Up &

criminal prosecution, providing legal advice and services on business litigation. Coming Attorneys for 2013. CONT > to the firm’s governmental clients.

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MINNEAPOLIS RECENT GRADUATE AND STUDENT RECEPTION Nearly 80 recent graduates and current students gathered 3 at Kieran’s Irish Pub in downtown Minneapolis in October for a happy hour networking reception. The event was hosted by Brad Hammer (’12), Lariss Jude (’12), and Kate Baxter-Kauf (’11). 1 Alumni and students enjoyed the opportunity to connect and catch up in a relaxed atmosphere 2 David Couillard (’10), Eric Marshall (’10) and Bryan Smith (’13) 3 Jacob Schutz (’13), Jennifer Rutz (’13) and Betsy Whitlatch (’13) 4 Hosts Lariss Jude (’12), Brad Hammer (’12) and Kate Baxter-Kauf (’11)

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< CONT 2008 Commission (1987) and Dolan v. City of Tigard (1994), the as an associate. She practices in the areas of family law Andrew E. Brehm of SuperValu was named one of unique facts of the case, Florida wetlands policy, and the and municipal prosecution. Minnesota Lawyer’s Up & Coming Attorneys for 2013. justices’ pointed questions at oral argument. 2012 Sarah Riskin joined 2009 Peter D. Stiteler joined Lind, Jensen, Sullivan & Peterson Nilan Johnson Lewis in Sean Patrick Lynch joined Cullen Weston Pines & Bach in in Minneapolis as an associate. He will practice in the Minneapolis as an Madison, Wis. His practice will focus on litigation, includ- firm’s litigation group. associate practicing ing workers’ compensation and criminal defense. in the firm’s labor and Margaret “Meg” Wade employment group. 2010 joined the business Claire Joseph, an associate at Briggs and Morgan in division of the Davis Julie Strother was Minneapolis, was honored with the Ramsey County Bar Brown Law Firm in inducted by the Minnesota Association Excellence in Diversity Award for her work Des Moines, Iowa. She DFL Women’s Summit into with Minnesotans United for All Families in defeating maintains a general the DFL Women’s Hall of the proposed constitutional amendment that would business practice. Fame as a Rising Star on have limited marriage to opposite-sex couples. June 8. 2013 Nicole Murphy joined the finance and restructuring David M. Hanna joined Brinks Gilson & Lione in Chicago Katherine M. Swenson, an associate at Greene Espel in group at Faegre Baker Daniels as an associate in the as an intellectual property associate. Minneapolis, co-authored an article entitled “Koontz firm’s Minneapolis office. Previously, she was an v. St. Johns River Water Management District: Trudging associate in the restructuring group in the Chicago office Kelsey Knutson joined the Through a Florida Wetland with Nine U.S. Supreme Court of Kirkland & Ellis. Davis Brown Law Firm in Justices,” which was published in Zoning and Planning Des Moines, Iowa, as a Law Report in May 2013. The article identifies plausible 2011 member of its litigation outcomes of Koontz, taking into consideration the Kelsey A. Hanrahan joined the law firm of Dougherty, division. She will also court’s reasoning in Nollan v. California Coastal Molenda, Solfest, Hills & Bauer in Apple Valley, Minn., work from the firm’s office in Ames, Iowa.

1 2

RECENT EVENTS ALUMNI CONNECT NATIONWIDE SKI-U-MANIA Late summer and fall were busy with alumni events around On September 28, as part of the University’s the country, including two California receptions in conjunc- Homecoming festivities, nearly 40 Law School alumni tion with the ABA’s Annual Meeting in San Francisco. On and students joined the Advancement Office for the August 7, Dean Wippman, Robert Barton (’09) and Holland Ski-U-Mania celebration at McNamara Alumni Center & Knight hosted a reception for Los Angeles-area and before the homecoming football game against the Southern California alumni at Holland & Knight’s offices. Iowa Hawkeyes. The following evening, Dean Wippman and Bay Area Ambassadors Liza Ring (’85), Brian Johnsrud (’96), 1 Alumni and friends mingle at the Los Angeles alumni reception at Michael Wu (’01) and Gil Castro (’09) hosted a reception Holland & Knight in August for alumni and students in the Bay Area and those attend- 2 Current law students (left to right): Melba Melton, Seth Nadler, Trent Kennedy, ing the ABA meeting. Several informal happy hours were Michael Gazdecki, Matt Norris, Coco Qi, Noble Simpson, Julia Decker, also hosted by alumni ambassadors in New York City and Lars Llenk, Trevor Zarnstorff and Matt Little at Ski-U-Mania Washington, D.C., in October.

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PARTNERS IN EXCELLENCE EVERY GIFT COUNTS!

TOGETHER WE MAKE A DIFFERENCE Together, gifts of all sizes to the Partners in Excellence Annual Fund make a significant collective impact on the University of Minnesota Law School and our students. Your unrestricted contribution is used where it’s most “During this special 125th needed while providing the Law School with the flexibility to respond to anniversary year we, as alumni, new challenges and opportunities as they arise. have a great opportunity to DID YOU KNOW? reflect not only on what the » Funding from the state of Minnesota now covers a very small percentage Law School has done for us of our budget and goes exclusively to fund the Law Library, which is personally, but also on how available to and shared with the entire University and the greater it has transformed our community, including government offices and the bench and bar. » Annual in-state tuition and fees are $40,058. Nonresident students communities and world for pay $47,330. the better through the lawyers » Matching funds from the Robina Foundation are now available to donors and leaders it graduates.” willing to give $5,000 per year for three years to fund partial student scholarships. This is a great way to double the impact of your contribution GARY HAUGEN (’74) and to make a difference in the life of a talented student. Don’t lose out on 2013–14 PARTNERS IN EXCELLENCE this opportunity—help the Law School make the most of these matching NATIONAL CHAIR funds before they’re gone!

YOUR CONTRIBUTION ALLOWS US TO: » Recruit the nation’s brightest students and offer more scholarship support. » Enhance clinical education and experiential opportunities that provide To become our partner in students with practical hands-on experience. excellence, visit » Continue to graduate alumni who go on to become exceptional lawyers www.giving.umn.edu/law or who change their communities and world for the better, as the Law School contact Dinah Zebot, Director of has done for 125 years. Alumni Relations & Annual Giving, at 612-626-8671 or YOUR GIFT MAKES A DIFFERENCE. [email protected]. PLEASE SUPPORT YOUR LAW SCHOOL TODAY!

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TO SEE THE FULL TRIBUTE, GO TO NEWS ARCHIVES Class of 1939 Class of 1955 Class of 1968 (www.law.umn.edu/news/archive.html) and Donald E. Engebretson Eugene R. Belland John A. MacMaster click on the year, then month, provided. May 24, 2013 February 5, 2013 September 11, 2013 Wayzata, Minnesota Fairbanks, Alaska East Helena, Montana FRIEND Class of 1949 William D. Birch Class of 1973 Leo T. Foley July 2, 2013 Katherine E. Sasseville March 9, 2011 Wayzata, Minnesota May 16, 2013 Hopkins, Minnesota Fergus Falls, Minnesota Darrell J. Davis Class of 1950 July 6, 2013 Class of 1982 Howard N. Groven Golden Valley, Jeffrey V. Romaine June 9, 2013 Minnesota August 6, 2013 Eden Prairie, Minnesota Scottsdale, Arizona John J. Killen Jr. Charles B. Haverstock July 1, 2013 Class of 1985 THOMAS M. CROSBY JR. August 6, 2013 Duluth, Minnesota Janice B. Neetenbeek JUNE 2013 The Villages, Florida May 31, 2013 Thomas M. Crosby Jr., former chair, Erling W. Nelson Miami, Florida treasurer and trustee of the Robina Kenneth E. Tilsen June 1, 2013 Foundation, died of pancreatic cancer September 2, 2013 Amery, Wisconsin Class of 1989 on May 26, at age 74. Crosby Hudson, Wisconsin Paul H. McDowall was a longtime supporter of and Class of 1956 June 5, 2013 advocate for the University of Class of 1951 Thomas M. Gordon Eden Prairie, Minnesota Minnesota Law School. Charles H. Lauder April 24, 2013 July 15, 2012 Huntington Beach, Class of 1992 ADJUNCT FACULTY North Oaks, Minnesota California Manuel J. Benegas Jr. June 26, 2013 Class of 1952 Alfred H. Lee Brentwood, Tennessee Harold E. Farnes November 8, 2012 May 15, 2013 Thorsby, Alabama Waconia, Minnesota Class of 1957 Robert G. Sether Manson Reedal February 11, 2011 August 21, 2013 Indian Wells, California Tucson, Arizona

James Van Valkenburg Class of 1960 ERIKA MOZANGUE May 25, 2013 Theodore E. Deaner DRAYTON Edina, Minnesota August 29, 2013 AUGUST 2013 Rochester, Minnesota Erika Mozangue Drayton, deputy Class of 1953 chief of the Civil Division of the Harry S. Caldis Class of 1961 United States Attorney’s Office for the May 19, 2013 William B. Edwards District of Minnesota, died of cancer St. Paul, Minnesota March 31, 2013 on Aug. 18 at the age of 45. She was Fort Myers, Florida an adjunct professor at the Law School Gregg S.K. Orwoll and one of the founders of its Civil August 20, 2013 Class of 1966 Rights Enforcement law clinic. She Rochester, Minnesota James E. Carr lived in Brooklyn Park, Minn. April 20, 2013 Class of 1954 Cadillac, Michigan James W. Krause May 16, 2013 Paul H. Gooding Pauma Valley, California April 25, 2013 Sun Lakes, Arizona

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303005_guts_50-64_B.indd 64 11/25/13 11:45 AM DEAN DEAN BOARDBOARD OF ADVISORS OF ADVISORS David WippmanDavid Wippman James L.James Chosy L. (’89)Chosy (’89) WilliamWilliam E. Drake E. (’66) Drake (’66) ASSISTANTASSISTANT DEAN ANDDEAN CHIEF AND OFCHIEF STAFF OF STAFFJohn F.John Hartmann F. Hartmann (’87) (’87) Nora KlaphakeNora Klaphake CatharineCatharine F. Haukedahl F. Haukedahl (’79) (’79) Joan D.Joan Humes D. Humes(’90) (’90) DIRECTORDIRECTOR OF COMMUNICATIONS OF COMMUNICATIONS E. MichaelE. Michael Johnson Johnson (’91) (’91) CynthiaCynthia Huff Huff Jay KimJay (’88) Kim (’88) ThankThank you, you, Partners Partners at at Work Work Lynn S.Lynn Krominga S. Krominga (’74) (’74) EDITOREDITOR AND WRITER AND WRITER JeannineJeannine L. Lee (’81)L. Lee (Chair) (’81) (Chair) Jeff JohnsonJeff Johnson MarshallMarshall S. Lichty S. (’02)Lichty (’02) K. ThorK. Lundgren Thor Lundgren (’74) (’74) COMMUNICATIONSCOMMUNICATIONS ASSOCIATE ASSOCIATE RebeccaRebecca Egge Moos Egge (’77) Moos (’77) ThankThank you to you all volunteers,to all volunteers, alumni, alumni, GROUPGROUP 1 (5-9 1 ALUMNI)(5-9 ALUMNI) Valerie ValerieFiglmiller Figlmiller Daniel W.Daniel McDonald W. McDonald (’85) (’85) organizations,organizations, and firms and firms that participatedthat participated Cyrus A.Cyrus Morton A. Morton (’98) (’98) in thein sixth the annualsixth annual Partners Partners at Work at Work • Gaskins• Gaskins Bennett Bennett Birrell Birrell Schupp Schupp 100% 100% DIRECTORDIRECTOR OF ADVANCEMENT OF ADVANCEMENT Dennis DennisL. T. Nguyen L. T. Nguyen (’98) (’98) MichaelMichael Tompos Tompos David B.David Potter B. (’80)Potter (’80) challenge,challenge, which which ended ended on June on 30,June 2013. 30, 2013. • Kaplan,• Kaplan, Strangis Strangis and Kaplan and Kaplan 100%100% RoshanRoshan N. Rajkumar N. Rajkumar (’00) (’00) Overall,Overall, 61% of 61% alumni of alumni at 34 atorganizations 34 organizations • Lind,• Lind,Jensen, Jensen, Sullivan Sullivan & Peterson & Peterson 100% 100% DIRECTORDIRECTOR OF ALUMNI OF ALUMNI RELATIONS RELATIONS The HonorableThe Honorable James M.James M. mademade a gift ato gift the to Law the School. Law School. AND ANNUALAND ANNUAL GIVING GIVING Rosenbaum Rosenbaum (’69) (’69) • O’Melveny• O’Melveny & Myers & Myers 100%100% The Partners The Partners at Work at Workchallenge challenge is a is a Dinah C.Dinah Zebot C. Zebot Lisa A. LisaRotenberg A. Rotenberg (’85) (’85) • Schwebel,• Schwebel, Goetz Goetz & Sieben & Sieben 100%100% friendlyfriendly competition competition to increase to increase alumni alumni Amy C.Amy Seidel C. (’98)Seidel (’98) • Zimmerman• Zimmerman and Reed and Reed 100% 100% CONTRIBUTINGCONTRIBUTING WRITERS WRITERS JosephJoseph P. Sullivan P. Sullivan (’67) (’67) PerspectivesPerspectives is a general is interest a general magazine interest publishedmagazine inpublished the fall and in the fall and givinggiving participation participation at organizations at organizations Alex DysteAlex Dyste The HonorableThe Honorable John R. John Tunheim R. Tunheim (’80) (’80)spring of thespring academic of the year academic for the year University for the ofUniversity Minnesota of MinnesotaLaw School Law School that employthat employ five orfive more or Universitymore University Kathy GravesKathy Graves Kevin WarrenKevin Warren communitycommunity of alumni, friends,of alumni, and friends, supporters. and supporters. Letters to the Letters editor to the editor GROUPGROUP 2 (10-24 2 (10-24 ALUMNI) ALUMNI) of Minnesotaof Minnesota Law School Law School alumni. alumni. Karen K.Karen Hansen K. Hansen or any otheror communicationany other communication regarding contentregarding should content be sentshould to be sent to Alan K.Alan Haynes K. Haynes Cynthia HuffCynthia ([email protected]), Huff ([email protected]), Director of DirectorCommunications, of Communications, A specialA special thank-you thank-you to to • Anthony• Anthony Ostlund Ostlund Baer Baer& Louwagie & Louwagie 100% 100% Joan HowlandJoan Howland University ofUniversity Minnesota of MinnesotaLaw School, Law 229 School, 19th Avenue 229 19th South, Avenue South, • Bassford• Bassford Remele Remele 89% 89% Cathy MadisonCathy Madison 421 Mondale421 Hall, Mondale Minneapolis, Hall, Minneapolis, MN 55455 MN 55455 thosethose organizations organizations that that Todd MelbyTodd Melby • Merchant• Merchant & Gould & Gould 84% 84% Matt NorrisMatt Norris finishedfinished at the at topthe topof of The UniversityThe ofUniversity Minnesota of Minnesotashall provide shall equal provide access equal to and access to and • Gibson,• Gibson, Dunn Dunn & Crutcher & Crutcher 83% 83% Nicole SmileyNicole Smiley eacheach respective respective group group > > Robert RobertStein Stein opportunityopportunity in its programs, in its programs,facilities, and facilities, employment and employment without regard without regard • Larkin• Larkin Hoffman Hoffman Daly &Daly Lindgren & Lindgren 82% 82% Andy SteinerAndy Steiner to race, color,to race,creed, color, religion, creed, national religion, origin, national gender, origin, age, gender, marital age, marital status, disability,status, public disability, assistance public status,assistance veteran status, status, veteran sexual status, sexual COVERCOVER ILLUSTRATION ILLUSTRATION orientation,orientation, gender identity, gender or identity, gender expression.or gender expression. GROUPGROUP 3 (25 3 OR(25 MORE OR MORE ALUMNI) ALUMNI) StephenStephen Webster Webster ©2013 by University©2013 by ofUniversity Minnesota of MinnesotaLaw School Law School PHOTOGRAPHERSPHOTOGRAPHERS • Oppenheimer• Oppenheimer Wolff Wolff & Donnelly & Donnelly 87% 87% Rick DublinRick Dublin • Lindquist• Lindquist & Vennum & Vennum 78% 78% CORRECTIONSCORRECTIONS AND CLARIFICATIONS AND CLARIFICATIONS InternationalInternational Bar Association Bar Association • Faegre• Faegre Baker Baker Daniels Daniels 77% 77% Josh KohanekJosh Kohanek On page 48On of pageour spring 48 of our2013 spring issue, 2013we inadvertently issue, we inadvertently ran the wrong ran the wrong Emily MarshallEmily Marshall photograph.photograph. It should have It should featured have Justice featured Paul Justice Anderson Paul (‘68) Anderson and (‘68) and • Fredrikson• Fredrikson & Byron & Byron 77% 77% David NaylorDavid Naylor Judge JamesJudge Rosenbaum James Rosenbaum (‘69), as stated (‘69), in as the stated caption. in the We caption. regret theWe regret the • Leonard,• Leonard, Street Street and Deinard and Deinard 67% 67% Tony NelsonTony Nelson error. error. Tim RummelhoffTim Rummelhoff

DESIGNERDESIGNER LaunchLaunch Lab Creative Lab Creative For theFor full the results full results of the ofPartners the Partners at Work at challenge,Work challenge, go to gowww.law.umn.edu/generations/partners-at-work.html. to www.law.umn.edu/generations/partners-at-work.html. FALL 2013 NONPROFIT ORG. U.S. POSTAGE FALL 2013 421 Mondale Hall PAID 229 19th Avenue South TWIN CITIES, MN Minneapolis, MN 55455 PERMIT NO. 90155 Perspectives THE MAGAZINE FOR THE UNIVERSITY OF MINNESOTA LAW SCHOOL PERSPECTIVES THE MAGAZINE FOR THE UNIVERSITY OF MINNESOTA LAW SCHOOL