SPRING 2004

Scholarships The Law School’s Lifeblood

Thank You Donors 2004 SCHOLARSHIP RECIPIENTS DEAN Alex M. Johnson, Jr.

EDITOR Terri Mische

EDITORIAL ASSISTANCE Mickelene G.Taylor

CONTRIBUTING WRITERS Mary Alton Marty Blake Dan Burk Cheryl Casey Bradley Clary Harriet Carlson Jonathan Eoloff Contents SPRING 2004 Amber Fox Susan Gainen 2 Burl Gilyard THE DEAN’S PERSPECTIVE Bobak Ha’Eri Katherine Hedin Betsy Hodges 3 FACULTY FOCUS Joan Howland Connie Lenz Faculty Research & Development Marty Martin Faculty Scholarship Meleah Maynard Todd Melby Kathryn Sedo Nick Spilman 18 FACULTY ESSAY Carl Warren Susan Wolf Light Thoughts and Night Thoughts Judith Younger on American Marriage PHOTOGRAPHERS Judith T.Yonger Bobak Ha’Eri Dan Kieffer Tim Rummelhoff 22 FEATURES Diane Walters Scholarships The Law School’s Lifeblood DESIGNER Todd Melby Jennifer Kaplan, Red Lime, LLC

The Human Face of Legal Education The Law Alumni News magazine is published twice a year, by the Meleah Maynard University of Minnesota Law School Office of External Relations.The magazine is one of 32 the projects funded through the LAW SCHOOL NEWS membership dues of the Law Moot Court Teams Achieve Best Results in Alumni Association. History of Program Correspondence should be to: [email protected] or Law Law Library’s Millionth Volume Alumni News Editor, N160 Mondale Hall, 229 19th Avenue Second Annual Law School Musical South, Minneapolis, MN 55455-0400.

52 The University of Minnesota is ALUMNI COMMONS committed to the policy that all Distinguished Alumni persons shall have equal access to its programs, facilities and employ- Cover photo courtesy of Class Notes ment without regard to race, col- Dan Kieffer. Not all or, creed, religion, national origin, scholarship recipients are pictured. In Memoriam sex, age, marital status, disability, public assistance status, veteran status or sexual orientation. Dean’s Perspective s I approach the end of my second year as Dean of this wonderful Law School, I continue to reflect on the changes that have taken place since my first tenure as a member of the law faculty (1980–1982) some two decades ago under Bob Stein’s leadership. Of course, the world has changed tremendously since I initially joined the faculty in 1980, and the Law School has changed as well.There are, however, some constants: a• Although some faces have changed, this continues to be a superb teaching and scholarly faculty.Although the legendary J.J. Cound, Leo Raskind, David Bryden, Bob Levy and others have attained emeritus status and no longer actively teach, we are still fortunate to have great teachers and scholars like Professors Ann Burkhart, Laura Cooper and Dan Gifford, all of whom were appointed or reappointed to endowed chairs/professorships in the Law School this academic year. • Obviously the students have changed since 1980 (along with the hairstyles), yet we are still blessed with some of the brightest, nicest, and most hardworking students in the country. Indeed, the LSAT and UGPA statistics place our students among the top ten percent in the country, and that may understate their abilities. • Our recently remodeled clinic space allows our world renowned clinic faculty (now totaling seven) to continue to operate at a high level and to provide most of our students with practical training that is integral to producing exceptional lawyers. • Our law library, led by Kathleen Price in 1980 and expertly today by Associate Dean Joan Howland, continues to be ranked in the top 10 (actually 8th) and deservedly so, as it approaches the acquisition of its one millionth volume this fall. • As I travel within the Twin Cities,the state, around the country, and beyond, I continue to be amazed at the loyalty and level of alumni support for this institution and the reverence and respect the Law School generates among DEAN ALEX M. JOHNSON, JR. non-graduates as well. Of course, there have been new challenges and we have weathered those changes successfully.As I have mentioned prominently in my visits with alumni and in previous columns, our state support has diminished to the point where only approximately ten percent of our budget next year will come from public funds.When our charges, taxes, and fees are taken into account, we will remit almost as much to the University as we will receive in state support. In addition, although we are saddened to see valued and respected faculty members depart, we take solace and joy from welcoming new faculty members who will continue the tradition of scholarly excellence established by their predecessors. What does all of this mean? The Law School, like any dynamic organization or entity, is not and cannot, become static.To do so, is to accept complacency and mediocrity. Like most organizations, the Law School must change with the times in order to maintain its prominence. However, we must remain committed to our core values of excellence in teaching and scholarship, our mission of integrating practice and theory in the pursuit of excellence, and the pro- duction of ethical lawyers.As long as we do so, we will maintain and improve our place in legal academe. To persevere in this time of record budget deficits we are forced to adapt to a new reality in which the Law School will be supported through increased tuition (and we hope increased scholarships to offset the burden on students) along with increased alumni support. And so, as I conclude my second year as your Dean, I look back with awe at the changes that have taken place, not only in the last two decades, but those that have taken place in the last two years.We have withstood a significant financial hit and yet have emerged a stronger and better Law School. We here at the Law School are grateful for your past support and hope you will continue to partner with us to maintain and continue our tradition of excellence.

Dean and William S. Pattee Professor of Law Julius E. on a host of projects connected to her Professor Ann M. Davis Profes- primary interests of labor law and Burkhart sor of Law; workplace dispute resolution. rofessor Ann M. Burkhart spe- Burkhart is cializes in real estate law. One of currently the In recent years, Cooper has noted Pher current topics of research is Curtis Brad- some distinct trends in labor law. studying and analyzing the increasing bury Kellar “There’s certainly an increased privati- nationalization and globalization of real Professor of zation of dispute resolution.The kinds estate law.“Property law traditionally Law. She’s of issues that were fought about in a has been the exclusive province of the stayed at courtroom are now largely resolved in states. But with the enormous growth ANN M. Minnesota a private setting. I think it’s quite an of the secondary mortgage market, BURKHART for a number irreversible trend,” says Cooper.“The increasing pressure exists from the fed- of reasons. other main change is the de-emphasis eral government and from the mort- “The thing I on collective resolution of workplace gage market for standardizations of law like best about the Law School is the disputes and an emphasis on individual and mortgage lending practices,” says world-class faculty, who are extraordi- resolution.” Cooper notes that labor Burkhart. In the secondary mortgage narily smart and collegial,” reflects law tends to be less abstract than other market, the primary lender sells the Burkhart.“We have outstanding stu- areas of legal scholarship:“People feel loan, thereby generating more cash to dents who make the classroom a joy, these issues very personally. Students make additional loans. and we have a dean with a vision for bring to the classroom a lot of personal the future of the law school that will experience.” “Because the secondary mortgage put us in excellent position for the market has been so successful at gener- years ahead.” Professor ating capital within this country, coun- Cooper cur- tries throughout the world are begin- “Our law library and reference staff are rently serves ning to copy our methods,” adds the best in the country.The faculty’s as Chair of Burkhart.“In fact, more than 40 coun- and students’ achievements would be the Labor tries around the world have enacted much less without their assistance,” says Law Group, legislation within the past ten years to Burkhart.“And I’m glad that the law an interna- permit mortgage securitization.” students can assist the community tional associ- through our clinics, work with the leg- ation of labor Burkhart has co-authored several islature, and the work of our legal and employ- books on real estate law, including institutes, such as the Institute on Race LAURA J. ment law Fundamentals of Property Law, the sec- & Poverty.” COOOPER scholars, ond edition of which was published in founded in 2004.“I‘m also working on articles Professor Laura J. 1953. concerning the duty to provide hous- Approximately 50 law professors in the ing to the homeless and segregation in Cooper U.S., Canada, and Europe belong to housing and education,” says Burkhart. wenty-five years ago, Professor the organization, which collaborates to Laura Cooper made history. In publish textbooks on labor and Burkhart, who earned her law degree 1979, she became the first employment law. She’s coeditor of the T forthcoming Labor Law Stories and is from the University of Illinois, joined woman to ever receive tenure at the the Law School faculty in 1982. She University of Minnesota Law School. updating her 2000 co-authored case- served as Associate Dean for Academic Cooper first joined the University fac- book, ADR in the Workplace. Cooper is Affairs from 1989 to 1991. During the ulty in 1975. Cooper has been on sab- the current J. Stewart and Mario 2002–03 school year, she served as the batical leave for 2003–2004, working Thomas McClendon Professor in Law

2 Law Alumni News o SPRING 2004 Faculty Focus and Alternative Dispute Resolution. who stresses Professor Marshall was selected Teacher Cooper also works as a labor mediator that the of the Year in both 1971 and 1979.He and arbitrator. books are received the Stanley V.Kinyon Teach- primarily ing and Counseling Award in 1983, Cooper, who earned her law degree at designed to 1989, 1991, and 1995. In 1995, Mar- Indiana University at Bloomington, has serve as tools shall was honored as the first Law enjoyed her career in Minnesota.“We for teaching. Alumni Distinguished Teacher. have always had a supportive adminis- tration that understood that the way to Marshall is “In my view, there is no more impor- create a great law school is to hire cre- most at home tant professional endeavor than the ative, energetic people and support DONALD G. in the class- practice of law,” says Professor Mar- them in their work. Cooper also prais- MARSHALL room. He shall.“In our legal system, it is the es the Law School’s facilities and its estimates that lawyer practicing diligently, competent- “superb library.” he has now ly, and ethically who more than any taught more than 7500 students over other single individual makes law Cooper has enjoyed the flexibility that the years.“I teach by the Socratic work.To help students prepare them- teaching at Minnesota offers.“I like method. I go into the classroom and selves for fulfillment of that role and being able to think about presentation engage the students in conversation. I responsibility is an honor for the law and materials in new kinds of ways. I rarely lecture,” says Marshall.“I enjoy teacher. It is also an opportunity to live like to try new things in the classroom, that interaction and think that interac- grandly.” o like role-playing or use of electronic tion is the best vehicle for having the resources,” says Cooper.“It is very students learn the irreducible core of By Burl Gilyard. Gilyard is a Minneapolis-based rewarding to see bright students get it. legal education.” freelance writer and a 1992 graduate of the It’s great to be part of that journey.” University of Minnesota. Professor Donald G. Marshall hen Professor Donald Mar- shall joined the Law School Win 1967, he never imagined that he would still be here 37 years later. He had been working in private practice in New Jersey when Dean William B. Lockhart recruited him to come west.

“I thought initially that I’d stay for two or three years,” recalls Marshall.“I found I loved teaching, so I was not going to return to practice.And my wife and I found that we loved Min- nesota, so the two or three years have stretched into thirty-seven.” Marshall’s expertise is in torts and evidence, but Joseph T. O’Neill (’56), from O’Neill, Grills & O’Neill, Legislative Process he also teaches products liability, Seminar instructor, invited Senator Norm Coleman to the Law School to medical malpractice, insurance, and media law. participate in one of his classes during spring semester. This photo was taken during a tour of the building. Pictured are (l to r) Joe O’Neill,Asso- Today it seems that Marshall is busier ciate Dean Joan Howland, Senator Norm Coleman and Dean Alex Johnson. than ever. Marshall published Common Law Process of Torts in 2003, co-authored with his colleague, Profes- sor David S.Weissbrodt. Now he’s at work on two additional casebooks: one on products liability and the other on defamation and invasion of privacy. “When you get it all done, it’s a fair amount of work,” admits Marshall,

Law Alumni News o SPRING 2004 3 Faculty R&D Faculty R&D Research and Development with Disabilities Act and Possibilities BEVERLY BALOS for Alleviating the American Worker Professor Balos presented a paper at Time Crunch,” which will appear in the Saint Louis University Public Law the Cornell Journal of Law & Public Poli- Review Symposium on Domestic Vio- cy. In addition, Professor Befort has lence and the Law:Theory, Policy & published a professional education arti- Practice entitled “A Man’s Home is cle entitled “Advanced Supreme Court His Castle: How the Law Shelters Update,” a paper that he presented at Domestic Violence and Sexual Harass- the Minnesota State Bar’s 2003 Labor ment.” She also participated in a Con- and Employment Law Institute. Profes- ference on Sexual Trafficking of sor Befort has been appointed as the Women and Girls, sponsored by The Dan Burk spoke at the 2003 Secretary of the Labor and Employ- College of St. Catherine, and presented ment Section of the American Bar Taipei Science & Technology a paper entitled “International Human Association. In that capacity, he Law Forum. Professor Burk’s Rights Documents and the Treatment authored a column for the Section host was Ta-Chou Huang, who of Trafficking of Women.” Professor Newsletter entitled “A Glimpse at the Balos is a member of the Steering is both an LL.M. and J.D. Supreme Court’s Docket: Court Looks Committee of the Sheila Wellstone at ADEA and ADA Cases,” and pre- alumnus of the University of Institute.The Institute is committed to sented a paper entitled “At the Cutting Minnesota Law School, now serving as a clearinghouse for domestic Edge of Labor Law Preemption:A working for the Institute for violence related work and to sponsor- Critique of Chamber of Commerce v. ing the development of information, Information Industry Science & Lockyer,” at the mid-winter meeting of research and evaluation of programs the Development of the Law Under Technology Center in Taipei. and approaches to domestic violence as the NLRA Committee. Professor well as developing appropriat public Befort currently serves as the Law policy recommendations. In that School’s Associate Dean for Academic capacity, Professor Balos participated in Affairs. planning the initial conference spon- sored by the Institute that focused on Domestic Violence, Children and the BRIAN BIX Courts. Professor Bix presented “Background Rules, Incompleteness and Interven- tion” as a Comment at the “Freedom STEPHEN F.BEFORT from Contract” conference held at the Professor Befort continues to be active University of Wisconsin Law School, on a number of projects relating to and participated in a panel discussion labor and employment law. He recently on “Federalism and Marriage” at the published a second edition of his St.Thomas Law School. He is one of Employment Law and Practice book with five co-editors of Family Law: Cases, West Group, as well as an article enti- Text,Problems, the fourth edition of tled “Reasonable Accommodation and which is forthcoming from LexisNexis. Reassignment Under the Americans with Disabilities Act:Answers, Ques- tions, and Suggested Solutions After DAN L. BURK U.S.Airways, Inc. v.Barnett,” which was Professor Burk recently returned from published in the Arizona Law Review. a semester visit at the University of He also completed work on two other California, Berkeley where he taught forthcoming law review articles:“A Fall semester courses on Patent Law New Voice for the Workplace:A Pro- and on Introduction to Intellectual posal for an American Works Councils Property.While visiting at UC Berke- Act,” which will appear in the Missouri ley, Professor Burk presented a faculty Law Review; and “Accommodation at workshop on “DNA Rules: Legal Work: Lessons from the Americans Implications of Biological ‘Lock-out’

4 Law Alumni News o SPRING 2004 Systems” a paper forthcoming in the he spoke at a University of Arizona Ann M. Burkhart was appointed California Law Review; he also present- Intellectual Property Symposium pro- to the Curtis Bradbury Kellar ed this work at a seminar in the gram in Phoenix,Arizona on Department of Agricultural Econom- “Biotechnology in the Federal Cir- Chair in Law and she presented ics. Professor Burk also presented his cuit,” and traveled to the University of her inaugural lecture entitled work on “Open Source Genomics” as Tilburg in the Netherlands, where he “The Twenty-First Century Real part of a public lecture series sponsored presented an intensive course on Estate Lawyer” on March 9, by the Berkeley Center for Law and “Patents,Technology, and Society,” and Technology. In June, prior to begin- also presented an Honors lecture as 2004. Professor Burkhart is an ning his visit at Berkeley, Professor part of the Tilburg Law Lectures. expert in the area of real estate Burk spoke at the University of Chica- law. She teaches property law, go on “Intellectual Property and the BRAD CLARY real estate finance and Firm”; this work is forthcoming in the development, land use planning, University of Chicago Law Review. Dur- Professor Clary will become President ing the Fall Professor Burk also visited of the Association of Legal Writing and comparative property law. Taiwan where he spoke on “Infrastruc- Directors in August, 2004. He contin- ture for Rights Management Systems” ues to serve on the Communication at the 2003 Taipei Science and Tech- Skills Committee of the American Bar nology Law Forum organized by the Association Section of Legal Educa- Science and Technology Law Center of tion. In June 2004, he completed a the Taiwan Information Industry Insti- three-year term on the governing council of the Minnesota State Bar tute. In October, Professor Burk trav- Association Appellate Practice Section. eled to Toronto, Canada, to speak on Professor Clary,Associate Dean Sharon “Feminism and Copyright in Digital Reich Paulsen and Michael Vanselow Media” at the Annual Conference of completed the second edition of their the Association of Internet Advocacy on Appeal text, published by Researchers; this work will appear in Thomson/West in April, 2004. the edited collection Intellectual Property Rights in a Networked World. In Novem- ber he presented at Cornell Law LAURA J. COOPER School a Faculty workshop on his Professor Cooper has been on sabbati- research regarding “Policy Levers in cal leave for the 2003–2004 academic Patent Law,” co-authored with Profes- year, working on three books that will sor Mark Lemley of UC Berkeley.This be published in 2005.They include a paper has since been published in the textbook on workplace dispute resolu- Virginia Law Review. In November, tion, a book of classroom role-playing Professor Burk together with Professor exercises on workplace arbitration and Lemley presented “Biotechnology’s mediation, and a collection of histori- Uncertainty Principle” at the Law, cal essays about the most significant Technology and the Arts Symposium labor law decisions. Her suggested on the “Past, Present, and Future of the techniques for teaching Civil Proce- Federal Circuit” held at Case Western dure will be included in the forthcom- Reserve University School of Law. ing book, Teaching the Law School Cur- Professor Burk began 2004 with a visit riculum. Foundation Press has selected to the University Cattolica del Sacre her set of hundreds of PowerPoint Cuore in Piacenza, Italy, where he slides for teaching Labor Law for dis- taught an intensive three day course on tribution to professors nationally.Pro- Cyberlaw. In February Professor Burk fessor Cooper is being honored in presented “DNA Rules: Legal Implica- March 2004 by the Legal Aid Society tions of Biological ‘Lock-Out’ Sys- of Minneapolis for twenty-four years tems” at the Intellectual Property Sym- of service as a member of the Society’s posium sponsored by Loyola Universi- Board of Directors, including two years ty of Chicago and ITT Chicago-Kent. as its President. He then traveled to Sapporo, Japan, where he spoke on “Fair Use Infra- BARRY FELD structure for Copyright Management Systems” at the conference on “Estab- Professor Feld published several law lishing the Principles of Intellectual review and criminology articles and a Property Policy” at Faculty of Law at book chapter during the 2003–2004 Hokkaido University. During March academic year, including:“Race and

Law Alumni News ♦ SPRING 2004 5 Faculty R&D

the Changing Jurisprudence of Juve- Criminal Justice Policy Review. Professor nile Justice:A Tale in Two Part, Frase’s essay on punishment theory, 1950–2000,” in Our Children, Other entitled “Limiting Retributivism,” People’s Children, 2004;“The Politics of appeared as a chapter in The Future of Race and Juvenile Justice:The ‘Due Imprisonment, edited by Michael Tonry. Process Revolution’ and the Conserva- He also reviewed two recent books on tive Reaction,” in Justice Quarterly, comparative criminal justice. His 2003;“The Constitutional Tension review of The Japanese Way of Justice: Between Apprendi and McKeiver: Prosecuting Crime in Japan, by David T. Sentence Enhancements Based on Johnson, was published by the Crimi- Delinquency Convictions and the nal Law Bulletin. His essay reviewing Quality of Justice in Juvenile Courts,” Harsh Justice: Criminal Punishments and in Wake Forest Law Review, 2003; and the Widening Divide Between America and “Race, Politics, and Juvenile Justice: Europe, by James Q.Whitman, appears The Warren Court and the Conserva- in the George Washington International tive ‘Backlash’,” in Minnesota Law Law Review. In May 2003 Professor Review (May, 2003). In addition, his Frase participated in a meeting of the On March 2, 2004, Professor article “Adult Crime, Juvenile Time” American Law Institute members con- Daniel J. Gifford delivered appeared in the Philadelphia Inquirer on sultative group for the project to revise “Innovation Policies in the March 14, 2004. His recent speeches the Model Penal Code sentencing and United States, Canada, and the include Distinguished Lecture Series, corrections provisions. In November “Race, Politics, and Juvenile Justice,” he submitted a statement and gave tes- European Union:A Look at College of Criminal Justice, Eastern timony to the American Bar Associa- Some Applications of Patent, Kentucky University, Richmond, Ken- tion’s “Justice Kennedy Commission,” Copyright and Competition tucky in February, 2004;“Competence, which is examining the pressing sen- Laws” on the occasion of his Culpability and Capital Punishment,” tencing and corrections issues identi- University of Houston Law School fied by the Justice in his speech at the reappointment to the Robins, Colloquium, Houston,Texas,in Janu- 2003 ABA annual meeting.Also in Kaplan, Miller & Ciresi ary, 2004;“Competence, Culpability, November Professor Frase presented a Professorship of Law. Professor and Capital Punishment: Implications paper, co-authored with criminologist Gifford is a recognized expert of Atkins for Executing Juveniles,” Robert Weidner, analyzing variations American Society of Criminology, in felony sentencing practices in a sam- on antitrust law and administra- Denver, Colorado, in November, 2003; ple of large urban counties, at the 2003 tive law. He teaches courses in and “Competence, Culpability, and annual meeting of the American Soci- the areas of administrative law, Capital Punishment: Implications of ety of Criminology. antitrust law, and unfair Atkins for Executing Juveniles,”“The Constitutional Tension Between competition. Apprendi and McKeiver: Using Delin- DANIEL J. GIFFORD quency Convictions to Enhance Professor Gifford (together with his Criminal Sentences and the Quality of co-author, Professor Robert T. Kudrle Justice in Juvenile Courts,” and Plenary of the Humphrey Institute of Public Speaker,“Race, Politics, and Juvenile Affairs) recently published an article Justice,” at American Bar Association entitled “European Union Competi- Juvenile Defenders Leadership Sum- tion Law and Policy: How Much Lati- mit, Baltimore, Maryland, in October, tude for Convergence with the United 2003. He was interviewed several times States?” in the Antitrust Bulletin. He and on Minnesota Public Radio and quot- Professor Kudrle had previously pre- ed in stories appearing in the Washing- sented that paper at a Conference on ton Post, New York Times, International Global Competition held at the Law Herald Tribune, St. Louis Post-Dispatch, School in honor of Dean Emeritus E. Houston Chronicle, St. Paul Pioneer Press, Thomas Sullivan. Professor Gifford was and Minneapolis Star-Tribune, among recently reappointed to the Robins, others. Kaplin, Miller & Ciresi Professorship. At that time he delivered his reap- pointment lecture “Government Policy RICHARD S. FRASE Towards Innovation in the United Professor Frase’s article, entitled “Legal States, Canada, and the European and Extralegal Determinants of Inter- Union as Manifested in Patent, Copy- County Differences in Prison Use,” right and Competition Laws.” He also co-authored with criminologist recently presented a paper to the law Robert Weidner, was published in the faculty entitled “How do the Social

6 Law Alumni News o SPRING 2004 Benefits and Costs of the Patent Sys- MAURY S. LANDSMAN Joan Howland was awarded the tem Stack Up in Pharmaceuticals?” In 2003 Spirit of Law Librarianship June, Professor Gifford will present a Professor Landsman has completed his paper entitled “Imprecision and research on the moral judgment in law Award.Associate Dean Unpredictability in Competition students. It was published this spring in Howland was recognized for Laws” to an International Conference the South Texas Law Review. Professor her work with the Native on Industrial Organization in Chalkdi- Landsman is continuing his research on American community. Her ki, Greece. He has recently joined the judicial responses to witness bias in the Sedona Conference Working Group courtroom. He will begin an empirical efforts to expand opportunities on the Role of Economics in Antitrust study of Minnesota judges this sum- for Native Americans in Law. He is currently involved in mer.As Director of Clinics and Skills, librarianship and law has taken research on the economics of the Professor Landsman is continuing his place on many fronts and she patent system, on the newly emerging review of the current programs and has served on numerous AALL, conceptions of monopolization and on examining ways to expand and comparative assessments of the antitrust improve existing courses. Professor ALA and Lama committees and intellectual property laws of the Landsman was a participant in a panel dedicated to diversity. She has United States and the European on “Ethics Issues for Labor and been active in organizations and Union. Employment Lawyers” for the Labor committees that emphasize and Employment Law Institute, Min- opportunities for Native OREN GROSS nesota CLE. He presented two sessions Americans.Associate Dean Professor Gross was appointed as the at the University of Minnesota Law Vance K. Opperman Research Scholar. School’s Super CLE Week XXIV: Howland also serves as faculty He recently completed three articles: “What’s New in the Regulation of adviser to the American Indian “Is Torture Warrant Warranted?: Prag- Lawyers” and “Dealing with Bias in Law Student Association and the Courtroom.” matic Absolutism and Official Disobe- has mentored many of its dience” forthcoming in Minnesota Law members. Review;“The Prohibition on Torture JOHN H. MATHESON and the Limits of the Law” (a chapter in a book on torture to be published Professor Matheson will teach a Busi- by Oxford University Press); and “Pro- ness Finance course to 110 Lithuanian viding for the Unexpected: Constitu- law students in the summer of 2004 at tional Emergency Provisions” in Israel Vytautus Magnus University School of YB Human Rights. In December 2003 Law in Kaunas, Lithuania He is co- he presented a paper “Counter-Terror- Director for the Kommerstad Center ism and Law: Historical and Compara- for Business Law and Entrepreneur- tive Lessons” at the Miller Center of ship, a major portion of which is the Public Affairs, University of Virginia, in Minnesota Multi-Profession Business a workshop on “Civil Liberties In Law Clinic, where University of Min- Times of Stress:The American Patriot nesota Law School students have the Act, Its Precedents, and Their Conse- opportunity to do transactional legal quences.” In January 2004 he presented work.This representation typically (but a paper on the prohibition of torture not exclusively) involves start-up busi- in a conference organized by the Jour- ness.The students involved work under nal of Law and Inequality at the Uni- the guidance of an attorney and with Pictured are Richard Leiter, Director and versity of Minnesota. In February he an accountant. Professor Matheson also Professor Schmid Law Library, University participated in the highly prestigious directs the Law School’s Continuing of Nebraska College of Law;Associate Brennan Center Jorde Symposium at Legal Education Programs, which this Dean Joan Howland; and Barbara Bintliff, the University of California at Berke- past year included Super CLE Week Nicholas Rosenbaum Professor of Law ley. In March he presented a paper in XXIV (five full day programs) and the and Director of the Law Library, the Georgetown University Law Cen- Twenty-Fifth Annual Summer Pro- University of Colorado School of Law. ter Constitutional Law Colloquium. gram of Continuing Legal Education He was also invited to speak in confer- Seminars (ten full day programs). He ences in Spain, Israel, and Canada. published an article,“The Limitations During Spring 2004, Professor Gross ran the Law School’s faculty Works-In- of Limited Liability: Lessons for Entre- Progress seminar. He made several preneurs (And Their Attorneys),” in the media appearances, most recently on Minnesota Journal of Business Law PBS’ program of Religion & Ethics, dis- &Entrepreneurship, which can be cussing ethical issues related to use of accessed at http://kommerstad.org/ torture against suspected terrorists. journal/v2n1/matheson.html.

Law Alumni News o SPRING 2004 7 Faculty R&D

Boston University Law Review and “The FRED MORRISION Contingent Attorney's Fee Tax Trap: Professor Morrison continues to be Ethical, Fiduciary Duty, and Malprac- active in issues relating to international tice Implications” in the Virginia Tax law. In January he delivered a paper on Review. In January, Professor Polsky “International Law:An Anchor in presented the Boston University Law Shifting Sands,” to a conference spon- Review article at the American Bar sored by the Law School’s Journal of Association Tax Section’s Midyear Law and Inequality. In early April in Meeting in Kissimmee, Florida in con- cooperation with the University’s Cen- nection with his participation as a pan- ter for Austrian Studies, he organized elist in a program titled “The Case of the first joint colloquium between the Too Generous Regulations.” In legal scholars of the University of June, Professor Polsky and a co-author Minnesota and those at two major filed an amicus brief in the upcoming Austrian universities, the University of United States Supreme Court tax case Vienna and the University of Graz. He of U.S. v.Banks (No. 03-892). spoke on United States attitudes George Mundstock, Dorsey & toward the International Criminal Whitney Professor in Law, left Court. Later in April he presented a KATHRYN SEDO the Law School at the end of paper to a conference in Chicago Professor Sedo is the director of the fall semester 2003. He rejoined examining possibilities for the consti- Tax Clinic. Students in the clinic rep- tutional future of Kosovo. Professor resent taxpayers who have controver- the University of Miami School Morrison also serves as chair of the sies with the IRS (and the State of of Law faculty, where he had University’s Benefits Advisory Com- Minnesota). In 2004, the clinic students taught for 15 years prior to mittee and as a member of the work- represented 119 low income taxpayers. joining the faculty at Minnesota. ing group that manages the health The Tax Clinic was recently awarded a insurance for all University employees. grant of $85,000 from the IRS for Professor Mundstock was a 2004. Professor Sedo is currently the Visiting Professor at Minnesota chair of the Tax Section of the Min- MYRON ORFIELD during the 2000-01 academic nesota State Bar Association. She is co- Professor Orfield over the last year year and joined the faculty in author of the Tax Notes column in with the support of the Charles Stew- Bench and Bar of Minnesota. Last fall 2001. He taught tax I & II, ard Mott and Kelloggs Foundations she served on the planning committee taxation of business completed a major study of racial and for MN CLE’s Annual Tax Institute. organizations, partnership fiscal inequality, transportation and land She gave a presentation at the Tax use trends in Michigan.This report was Institute on “Recent Developments in tax, international tax, and instrumental in the passage of land use Innocent Spouse Law.” Professor Sedo accounting for lawyers. reform legislation in Michigan. Profes- also spoke at the AALS Clinical sor Orfield worked on similar studies Teacher’s Conference in May 2004 in Connecticut and New Jersey with on organization and operation of Best wishes to the support of the Ford Foundation, tax clinics. the Fund for New Jersey, and the you George. Greater Hartford Foundation. Professor Orfield's scholarship was reported on E.THOMAS SULLIVAN in papers throughout the nation Professor Sullivan has published “Glob- including the New York Times, the al Trade Law: Present at the Creation,” Atlanta Constitution, and the Washington which was published by Minnesota Jour- Post. He has also been a guest on nal of Global Trade this year, as a tribute NPR’s Talk of the Nation. to the late Professor Robert Hudec. He continues to work on a new edi- tion to his treatise, Private Antitrust GREGG POLSKY Actions with Professor Doug Floyd of Professor Polsky recently finished work BYU Law School, which will be pub- on three law review articles. One, titled lished in the fall of 2004. He also is “Employment Discrimination Reme- writing, with Professor Herb Hov- dies and Tax Gross Ups,” was co- enkamp, the 2004 Supplement to authored with Stephen Befort and will Antitrust Law, Policy and Procedure (5th be published in October in the Iowa ed. 2003), that will be available this Law Review.The other two were summer. He has written also an article recently published:“Ca Treasury Over- on the Rehnquist Supreme Court, rule the Supreme Court?” in the entitled,“The Supreme Court and Pri-

8 Law Alumni News o SPRING 2004 vate Law:The Vanishing Importance of Tribal Courts” sponsored by the New Daniel A. Farber is leaving the Securities and Antitrust for Emory Law Mexico Law Review in Albuquerque, University of Minnesota Law Journal. In December 2003, he was New Mexico, on March 6, 2004. Pro- appointed by the Minnesota Supreme fessor Washburn also has an essay forth- School where he has been on Court to chair the Court’s Advisory coming in the New Mexico Law Review the faculty since 1981. He will Committee on Judicial Conduct to entitled,“A Different Kind of Symme- be joining the University of review the code of Judicial Conduct try,” in which he offers a comparative California, Berkeley School of and the Rules of the Board on Judicial analysis of state recognition of tribal Standards.At the Law School, he has civil judgments and criminal convic- Law as the Sho Sato Professor chaired this year the Tenure and Pro- tions. Professor Washburn spoke at the of Law and Director of the motions Committee. He also chaired Human Rights Day and Education Environmental Law Program. in February the ABA/AALS reinspec- Forum sponsored by the State of Min- tion of the Yale Law School. In July, he nesota Department of Human Rights will become the Provost and Senior in December 2003; the topic of Pro- Vice President for Academic Affairs at fessor Washburn’s discussion was “Fed- the University of Minnesota. eral Indian Law and Human Rights on Reservations.” In November 2003, Professor Washburn addressed MICHAEL TONRY Macalester College in St. Paul, Min- Professor Tonry has published a num- nesota, on “U.S. Policy Toward Ameri- ber of books and articles since the can Indian Nations:The Past, the Pre- appearance of the spring 2003 Law sent, and Future.” In this talk, Professor Alumni News.These are listed among Washburn placed in historical context faculty publications in this issue. In the federal government’s relationship August, 2003, he gave the opening Professor Farber is pictured here with the with Indian tribes, discussed the cur- three Deans who have served during his address at the 2003 annual meeting of rent status of that relationship and illu- tenure at the Law School. (l to r) Robert the National Association of Sentencing minate the subtle but important trans- Stein, Dean Emeritus 1979-1994; Professor Commissions in Seattle. Early in Octo- formation that has begun to develop in ber he organized a small meeting in the relationship and speculated about Farber; E.Thomas Sullivan, Dean Emeritus Chicago to celebrate Norval Morris’s the future of federal American Indian 1995-2002; and Alex M. Johnson, Jr., 80th birthday by presenting to him a policy. Professor Washburn has two law current dean. festschrift written in his honor by vari- review articles that will be published ous people whom he has influenced. this spring or early summer:“Tribal That book, The Future of Imprisonment, Courts and Federal Sentencing,” in was published by Oxford University Volume 36 of the Arizona State Law Professor Farber is a prolific Press in March 2004. He continues to Journal, and “Federal Law, State Policy, and respected legal scholar serve on the boards of the American and Indian Gaming,” in Volume 5 of who has made many and European Societies of Criminolo- the Nevada Law Review. gy and to edit Crime and Justice—A contributions to the profession Review of Research and Criminology in over the past 22 years.The DAVID WEISSBRODT Europe. University of Minnesota Professor Weissbrodt began in Septem- ber 2003 experimenting with teaching recognized his scholarly KEVIN K.WASHBURN a distance learning class in Human excellence by his appointment Professor Washburn addressed a meet- Rights Law via the Internet and email. to the McKnight Presidential ing in Washington, D.C. on March 18, In October 2003 he spoke on “U.S. Chair in Public Law in 2000. 2004, called by U.S.Attorney Thomas Perspectives on Economic, Social, and Heffelfinger, Chairman of the Native Cultural Rights” at the Law School, He is a nationally recognized American Issues Subcommittee of the State University of New York at Buffa- authority on constitutional law Attorney General’s Advisory Commit- lo. In November he spoke on the and on environmental law and tee, and sponsored by the National “Rights of Non-Citizens” to a seminar also has taught and published Congress of American Indians aimed at at the Open Society Institute, New identifying problems with criminal York City, and on “U.N. Human widely in several other areas jurisdiction in Indian Country and Rights Norms for Business” at the including contracts, developing viable solutions.The meet- Annual Meeting of Business for Social jurisprudence, and legislature. ing was attended by tribal leaders, Responsibility, Los Angeles.Early in Department of Justice and Interior December 2003 Weissbrodt was the officials, and staff from the Senate first plenary speaker at the Human Thank you, Dan! Committee on Indian Affairs. Professor Rights Day and Education Forum in Washburn also addressed a symposium St. Paul. Later in December, he spoke We will miss you. entitled “Enforcing the Judgments of on the “U.N. Human Rights Norms

Law Alumni News o SPRING 2004 9 Faculty R&D

for Business” to a meeting of business ences, which Professor Wolf directs.As scheduled to speak to the Jewish Law leaders organized by Respect/Europe a member of the Ethics Committee of Students group at the law school this in London. In December he also the American Society for Reproduc- spring on “Aspects of Religion and the chaired a U.N. meeting in Brussels on tive Medicine (ASRM), Professor Wolf Family.” She performed briefly, but the “Implementation of the Durban also played a significant role in drafting hilariously, in the Law School TORT Declaration and Program of Action the Committee’s position paper on Musical 2004. She wrote “Light Against Racism” and presented a paper “Informing Offspring of Their Con- Thoughts and Night Thoughts on on the “Rights of Non-Citizens.” Later ception by Gamete Donation,” in Fer- American Marriage,” which is printed in December 2003 he presented a tility & Sterility (2004). In addition to in this issue. She is working, with Pro- “Study on Amnesty International’s directing the Joint Degree Program, fessor J. Robert Levy on a revision of Role in Inter-Governmental Organi- Professor Wolf continues to chair the Foote, Levy and Sander, Cases and Materi- zations,” at the Amnesty International University’s Consortium on Law and als on Family Law. She is also working Secretariat in London. Values in Health, Environment & the on several projects in Family Law Life Sciences, named in 2003 as one of and Trusts. Weissbrodt has been directing the Uni- President Bruininks’s Interdisciplinary versity of Minnesota Human Rights Initiatives.These two programs spon- Library (http://www.umn.edu/ sored ten events in 2003–04 including humanrts), which is one of the largest the Faegre & Benson Lecture Series Library Faculty collections of human rights treaties, on Law, Health & the Life Sciences; a decisions, and other materials available Lunch Series on the Societal Implica- 24 hours per day free-of-charge tions of the Life Sciences; a symposium MARY RUMSEY through the Internet in Arabic, Eng- on “Intellectual Property Rights for Mary Rumsey received the 2003 lish, French, Japanese, Russian, and the Public Good: Obligations of U.S. AALL Spectrum Article of the Year Spanish.During this past year the Universities to Developing Countries”; Award for her article “Libraries Con- Human Rights Library improved its a national conference on “Environ- front the Challenges of Accommodat- accessibility and capacity as a core mental Threats to Children’s Health: ing Disabled Users.”With Internet resource for human rights activists, Legal and Policy Challenges”; and the research expert Genie Tyburski, she co- scholars, and educators in over 130 inaugural Deinard Memorial Lecture authored a chapter in the forthcoming countries. Use of the Library has grad- on Law & Medicine, cosponsored by book, Introduction to Online Legal, Regu- ually increased and has now reached the Center for Bioethics. Both the latory & Intellectual Property Research. about 170,000 individual users with symposium and the conference were She created an interactive computer over three million hits per month. named part of the President’s 21st lesson on foreign legal research for Century Interdisciplinary Conference CALI, the Center for Computer- Weissbrodt has recently published a Series.The Consortium began a proj- Assisted Legal Instruction. In addition book chapter and an article in the ect funded by NIH on the legal and to publishing book reviews in Law American Journal of International Law on ethical implications of haplotype map- Library Journal and Legal Information the human rights responsibilities of ping of the human genome and sub- Alert this year, she was recently invited businesses as well as an article on the mitted two further NIH grant propos- to participate in the American Society relationship between human rights and als. In addition to serving on the of International Law’s Electronic Infor- intellectual property. ASRM Ethics Committee, Professor mation System for International Law Wolf continues to serve on the Board project. of Directors of the American Society SUSAN M.WOLF for Bioethics & Humanities (ASBH); Professor Wolf published an article on the Editorial Board of the Journal of Affiliated Faculty “Clinical, Ethical, and Legal Issues in Law, Medicine & Ethics; the University’s Using Preimplantation Genetic Diag- Stem Cell Ethics Advisory Board; and nosis to Create a Stem Cell Donor” the Ethics Committee of the Minneso- ELIZABETH HEGER BOYLE with Jeffrey Kahn and John Wagner ta Partnership for Biotechnology and Professor Boyle continues to explore and another article on “Law & Medical Genomics, University of Min- immigrants’ experiences with law in Bioethics: From Values to Violence,” nesota and Mayo Clinic. the context of America’s “war on ter- both in the Journal of Law, Medicine & ror.” She published “Formal Legality Ethics. She and Jeffrey Kahn are com- and East African Immigrants’ Percep- pleting a third article on “Genetic Test- JUDITH T.YOUNGER tions of the War on Terror” in Law & ing and Disability Insurance: Ethics, Professor Younger gave an interview to Inequality and will be presenting “Legal Law & Policy” and editing a sympo- the Minneapolis Star Tribune in Fall 2003 Pluralism & Legal Consciousness: Mus- sium on this topic for the Journal of in her continuing attempt to change lim Migrants in America,” at the Law, Medicine & Ethics, supported by a Minnesota law to enable pet owners to American Sociological Association grant from the National Institutes of provide for their surviving pets. (See meeting in San Francisco. Professor Health (NIH) to the Center for Minneapolis Star Tribune, Jan. 19, 2004; Boyle presented papers at the annual Bioethics and the Joint Degree Pro- Paying Our Debts to Our Pets, U. Minn. meeting of the Law & Society Associa- gram in Law, Health & the Life Sci- L.Aumni News, Fall 2001.) She is tion (Chicago) and Participated in the

10 Law Alumni News o SPRING 2004 Social Science Research Council’s journalist Anthony Lewis, presented St. Paul Pioneer Press, the Minneapolis symposium on Youth,Globalization, “The Patriot Act and Civil Liberties in Star-Tribune, the Philadelphia Inquirer, and Law (New York).Her review of an Age of Terrorism” at the University the Orlando Sentinel, the Chicago Sun- Legal Professions (edited by Jerry Van of Tennessee on February 26, 2004. Times, the New York Sun, the Associated Hoy) and What is Sexual Harassment? Professor Kirtley presented a paper, Press, Editor & Publisher, Columbia Jour- From Capital Hill to the Sorbonne (by “Cyber Law: the U.S. Perspective on nalism Review, and in the Swiss news- Abigain Saguy) appeared in Contempo- Jurisdiction” at the annual Ad IDEM paper NZZ am Sonntag and the Brazil- rary Sociology. Media Law conference in Montreal, ian newspaper Folha de S. Paulo. She Quebec, Canada, on November 22, was also profiled in the March 2004 2003. In September 2003, she was an issue of the Twin Cities’magazine, The TIMOTHY R. JOHNSON invited participant in the Media Law Rake, in “Gagging on the Patriot Act.” Professor Johnson’s book manuscript, Resource Center’s third biennial Con- Oral Arguments and Decision Making on ference in London, England, where she the U.S. Supreme Court, will be pub- spoke on contempt of court in the ROBERT KUDRLE lished in May 2004 with the State United States. She delivered a lecture Professor Kudrle published “Hegemo- University of New York Press. He has sponsored by the New Hampshire ny Strikes Out:The U.S Global Role recently published articles in American Humanities Council,“Secrecy, Security in Antitrust,Tax Evasion, and Illegal Politics Research and Political Research and the First Amendment:The Role of Immigration” in International Studies Quarterly. In October, Professor John- the Free Press in Time of War,” in Perspectives. Part of this article comple- son gave the keynote address at the Nashua, New Hampshire on October ments continuing research with Pro- Minnesota Political Science Association 30, 2003. Her many panel appearances fessor Daniel Gifford.They published annual meeting. His talk was titled included:“Let the Sunshine In:The “European Union Competition Law “The Supreme Court Oral Argument Promise of the Internet, the Threat to and Policy: How Much Latitude for Project.” In April, Professor Johnson Personal Privacy, and Florida’s Unique Convergence with the United States?” presented two papers at the Midwest Approach,” at the ABA Forum on in the Antitrust Bulletin, Fall 2003. Political Science Association annual Communications Law Conference in Another of their articles,“The Possi- meetings in Chicago:“Amicus Curiae Boca Raton, FL on January 23, 2004; bilities for Trans-Atlantic Convergence Participation in U.S. Supreme Court “The City Government Perspective on on Antitrust Standards: the United Oral Arguments” (with Matthew Celebratory Riots” at the National States, Canada, and the European Roberts, Calvin College), and “The Conference Addressing Issues Related Union” has been submitted for publi- Origins of the Norm of Precedent on to Celebratory Riots at Ohio State cation. Professor Kudrle also continued the U.S. Supreme Court” (with James University in Columbus on November research on policies towards tax Spriggs, UC Davis, and Paul Wahlbeck, 20, 2003;“Access” at the Practising havens. Some of this work resulted in George Washington University). John- Law Institute’s Communications Law “The New Attack on Tax Havens:Will son has a forthcoming article,“The conference in New York on November it Work,Will it Last?” (with Lorraine Use of Presidential Capital During the 13, 2003; and The William S. Cohen Eden), printed in Stanford Journal of Supreme Court Confirmation Process” Papers Forum,“The Media Threat- Law, Business, and Finance. Professors in the Journal of Politics (with Jason ened? Protecting the Free Flow of Eden and Kudrle also presented the Roberts,Washington University). Information,” at the University of paper “The OECD Tax Haven Initia- Maine, October 29, 2003. Her paper, tive:Who Came Around and Why?” at the annual meeting of the Internation- JANE E. KIRTLEY “Criminal Defamation:An ‘Instrument of Destruction’” was distributed at al Studies Association in Montreal in Professor Kirtley was named a Distin- “Libel and Insult Laws:What More March, 2004. guished Visiting Professor of Law at Can be Done to Decriminalize Libel Suffolk University Law School in and Repeal Insult Laws” convened by BERNARD M. LEVINSON Boston, Massachusetts, for Spring the Organization for Security and Semester 2004, teaching Mass Com- Cooperation in Europe (OSCE) in Professor Levinson was just awarded a munications Law and Information Pri- Paris, France on November 24-25, National Endowment of the Humani- vacy Law. She prepared written com- 2003, and her article,“The American ties Summer Research Award (sum- ments and testified before the Min- Executive Branch:A Culture of Secre- mer, 2004). Chosen in a competitive nesota Supreme Court Advisory Com- cy,” appeared in The Long Term View national selection process, this award mittee on Rules of Public Access to (October 2003).Among her numerous provides research support for his com- Records of the Judicial Branch in St. media interviews, Professor Kirtley ing book, Revelation and Redaction: Paul in February 2004. She delivered a appeared on MPR’s Midday, KSTP Rethinking Biblical Studies and its Intel- lecture,“The First Amendment and radio’s “Ron Rosenbaum and Mark lectual Models, which is under contract Libel Today” at “Heed Their Rising O’Connell Show,” and on WCCO with Oxford University Press. For this Voices: New York Times v.Sullivan—40 Radio’s “Steele Talking,” and was quot- award, his research will investigate the Years Later,” at the University of Ten- ed in the Providence Journal, the Christ- development of the laws in the nessee College of Law in Knoxville on ian Science Monitor, the Los Angeles Hebrew Bible regulating the manu- February 27, 2004, and, together with Times, the Rocky Mountain News, the

Law Alumni News o SPRING 2004 11 Faculty R&D

mission of slaves and their relation to Islam,” convened by Johann Wolfgang C. FORD RUNGE cuneiform law. He has also been Goethe University in Frankfurt, Ger- awarded a Visiting Professorship many (October 2003). Professor Levin- Professor Runge is Distinguished (offered for 2004–2005) as the Martin- son has been invited to offer a plenary McKnight University Professor of Buber-Stiftungsprofessur, Johann Wolf- lecture,“Biblical Law and Pentateuchal Applied Economics and Law. He serves gang Goethe-Universität, Frankfurt, Theory,” at the XVIIIth Congress of as director of the Center for Interna- Germany.Within the last six months the International Organization for the tional Food and Agricultural Policy at Professor Levinson has published “Is Study of the Old Testament,Leiden, the University of Minnesota.This year the Covenant Code an Exilic Compo- Netherlands (August 2004). Professor he initiated a new “Food and Health” sition? A Response to John Van Seters,” Levinson also presented “The Case for emphasis for the Center, focused on in In Search of Pre-Exilic Israel: Proceed- the Pre-Exilic Composition of the obesity in the North and malnutrition ings of the Oxford Old Testament Seminar Covenant Code’s Altar Law” at the in the South. In December, he released (edited by John L. Day) and was invit- Upper Midwest Regional Meeting of a report for the Council for Biotech- ed to present at several international the American Academy of Religion, nology Information (CBI) with and national conferences.The first was Society of Biblical Literature, and research associate Barry Ryan, titled, a presentation entitled “‘Du sollst American Schools of Oriental “The Economic Status and Perfor- nichts hinzufügen und nichts weg- Research, St Paul, MN (April 2004). mance of Plant Biotechnology in nehmen’ (Deut 13,1): Rechtsreform He was invited to assume the presti- 2003:Adoption, Research and Devel- o und Hermeneutik in der Hebräischen gious Martin Buber Professorship at opment in the United States.” Bibel” (“‘You Must Neither Add to It the Johann Wolfgang Goethe-Univer- nor Take Away from It’: Legal Reform sität, Frankfurt, Germany, for academic and Hermeneutics in the Hebrew years 2004–06, but had to decline this Bible”), presented in German at an honor because of existing commit- international conference,“Religion ments here. and Law in Judaism, Christianity, and

The Horatio Ellsworth Kellar Distinguished Visitors Program rofessor Stephen L. Carter presented the Horatio Ellsworth Kellar Distinguished Visitors Program lecture “The Star Wars Effect: Just PWar Theory in Popular Film” on March 23, 2004. Stephen Carter is the William Nelson Cromwell Professor of Law at Yale Law School.

Professor Carter received his Bachelor’s degree from Stanford Universi- ty and his law degree from Yale. He served as a law clerk for Judge Spottswood W.Robinson, III, of the United States Court of Appeals for the District of Columbia Circuit, and to Supreme Court Justice Thur- good Marshall. He also practiced law briefly with a firm in Washington. Professor Carter joined the Yale faculty in 1982. He teaches in the areas Professor Stephen L. Carter and Dean of constitutional law, contracts, intellectual property, law and religion, Alex M. Johnson. legal ethics and law and science.

A recent review in the New York Times referred to Professor Carter as The Horatio Ellsworth Kellar one of the nation’s leading public intellectuals. He has received hon- Distinguished Visitors Program was estab- orary degrees from eight schools, among them Notre Dame, Colgate lished in 1996 by Curtis B. Kellar (’40) in and the Virginia Theological Seminary. He was the first non-theologian memory of his father Horatio Ellsworth to receive the prestigious Louisville-Grawemeyer Award in religion. He Kellar, in keeping with his father’s many is a member of the American Law Institute and a fellow of the Ameri- interests, Curtis Kellar created an can Academy of Arts and Sciences. He is a trustee of the Aspen Institute, interdisciplinary lecture series that con- where he moderates seminars for executives and political leaders on val- nects emerging issues in law with other dis- ues-based leadership. He publishes widely in law reviews and the popu- lar press, and lectures on religion and politics on campuses across the ciplines such as art, drama and literature. country.

12 Law Alumni News o SPRING 2004 Faculty Scholarship

The Internet in Context 275 (Philip E.N. Howard & Steve Jones, eds. 2003) (with Doreen Starke-Meyering & Laura Faculty Scholarship J. Gurak). ANN M. BURKHART Articles and Book Chapters BEVERLY BALOS Scholarship The Public and Private Ordering of Books Articles and Book Chapters Marriage, University of Chicago Legal The Wrong Way to Equality: Privileging Forum (forthcoming 2004). Fundamentals of Property Law (2nd Consent in the Trafficking of Women for Sex- Cautions and Caveats for the Application of ed. 2004) (with Barlow Burke & R.H. ual Exploitation, 27 Harv.Women’s L. J. Wittgenstein to Legal Theory, in Topics in Helmholz). 37 (2004). Contemp. Phil. (Joseph Keim Campbell, Articles and Book Chapters A Man’s Home is His Castle: How the Law Michael O'Rourke, & David Shier, eds., Shelters Domestic Violence and Sexual forthcoming). The Constitutional Underpinnings of Home- Harassment, 23 St. Louis U. Pub. L. Rev. Background Rules, Incompleteness, and Inter- lessness, 40 Hous. L. Rev.211 (2003). 77 (2004). vention: Comment on Kostritsky, 2004 U. Legal Scholarship for Social Justice: Panel Wisconsin L. Rev.__ (forthcoming BRADLEY G. CLARY Discussion, 30 Wm. Mitchell L. Rev.295 2004). Scholarship (2003). State Interest and Marriage—The Theoretical Books Perspective, 2003 Hofstra L. Rev.93 STEPHEN F.BEFORT (2004). Advocacy on Appeal (2d ed. 2004) (with Sharon Reich Paulsen and Michael Some Reflections on Methodology in Jurispru- Books Vanselow). dence (translated into Italian), 8 Ars Employment Law and Practice (2nd Interpretandi 397 (2003). Articles and Book Chapters ed.West Group 2003). Raz on Necessity, 22 Law & Phil. 537 Thinking About Law School:The Big Articles and Book Chapters (2003). Picture, 80 U. Detroit Mercy L. Rev. A New Voice for the Workplace:A Proposal 467 (2003). for an American Works Councils Act, 69 Mo. DAN L. BURK L. Rev.__ (forthcoming 2004). Articles and Book Chapters LAURA J. COOPER Accommodation at Work: Lessons from the DNA Rules: Legal Implications of Biological Books Americans with Disabilities Act and Possibili- “Lock-Out” Systems, 90 Cal. L. Rev.__ ADR in the Workplace (2d ed. forth- ties for Alleviating the American Worker Time (forthcoming 2004). Crunch, 12 Cornell J.L. & Pub. Pol’y __ coming 2005) (with Dennis R. Nolan, (forthcoming 2004). Feminism and Copyright in Digital Media, and Richard A. Bales). in Intellectual Property Rights in a Workplace ADR Simulations and Reasonable Accommodation and Reassign- Networked World:Theory and Prac- ment Under the Americans with Disabilities Teacher’s Guide (2d ed. forthcoming tice (Richard Spinello & Herman Tavani 2005) (with Carolyn Chalmers). Act:Answers, Questions, and Suggested Solu- eds., forthcoming 2004). tions After U.S.Airways, Inc. v. Barnett, 45 Editors, Labor Law Stories, (forthcom- Ariz. L. Rev.931 (2003). Intellectual Property and the Firm, 71 ing 2005) (with Catherine L. Fisk). U.Chi. L. Rev.3 (2004). Other Policy Levers in Patent Law, 89 Va. L. Rev. Articles and Book Chapters 1575 (2003)(with Mark A. Lemley). A Glimpse at the Supreme Court’s Docket: The Case of Gissel Packing Company, in Court Looks at ADEA and ADA Cases, Reflections in a Darkling Glass:A Compara- Labor Law Stories (Laura J. Cooper & Lab. & Emp. L. (ABA Newsletter,Winter tive Contemplation of the Harvard College Catherine L. Fisk, eds.) (with Dennis R. 2004). Decision, 40 Canadian Bus. L.J. 219 Nolan) (forthcoming 2005). (2003). Advanced Supreme Court Update, Labor Teaching ADR in the Workplace Once and and Emp. Institute 2003 § 4 (MIN- Tailoring Patent Policy to Specific Industries, Again:A Pedagogical History, 53 J. Legal NESOTA CLE). 7 Marq. Intell. Prop. L. Rev.1 (2003). Educ. 1 (2003). Public Sector Update 2002–03, in Emp. L. Biotechnology’s Uncertainty Principle, in Handbook § 3A (2003). Perspectives on Properties of the BARRY FELD Human Genome Project:Advances in Articles and Book Chapters BRIAN BIX Genetics,Vol. 50, 305 (F.Scott Kieff ed., 2003) (with Mark A. Lemley). Race and the Changing Jurisprudence of Books Federalism in Cyberspace Revisited, in Who Juvenile Justice:A Tale in Two Part, A Dictionary of Legal Theory (2004). Rules the Net? Essays on Internet 1950–2000, in Our Children, Other Governance and Jurisdiction 119 People’s Children (D. Hawkins and K. Family Law: Cases,Text, Problems, (4th (Adam Theier & Wayne Crews, eds., Kempf-Leonard, eds., 2004). ed.) (ed. with Ira M. Ellman, Elizabeth 2003). Scott, Paul Kurtz & Lois A.Weithorn) The Politics of Race and Juvenile Justice:The (forthcoming LexisNexis). American Internet Users and Privacy:A Safe “Due Process Revolution” and the Conserva- Harbor of Their Own? in Society Online: tive Reaction, 20 Just. Q. 765–800 (2003).

Law Alumni News o SPRING 2004 13 Faculty Scholarship

The Constitutional Tension Between Appren- Robert Hudec: Scholar, Diplomat, Mentor, di and McKeiver: Sentence Enhancements OREN GROSS Innovator, and Friend, 13 Minn. J. of Based on Delinquency Convictions and the Articles and Book Chapters Global Trade 193 (2004). Quality of Justice in Juvenile Courts, 38 Is Torture Warrant Warranted?: Pragmatic Wake Forest L. Rev. 1441 (2003). Other Absolutism and Official Disobedience, 88 Race, Politics, and Juvenile Justice:The War- Minn. L. Rev.__ (2004). God, the State, and I, paper delivered at a ren Court and the Conservative “Backlash”, conference sponsored by the University The Prohibition on Torture and the Limits of 87 Minn. L. Rev.1447 (2003). of Prishtina Faculty of Law, Prishtina, the Law, (Sanford Levinson ed. 2004). Kosovo, July 2003. RICHARD S. FRASE Enemy Among Us (review of David Cole, Institutions for Protecting Constitutional and Enemy Aliens). New York L. J. Mag. 37 Articles and Book Chapters Human Rights, paper presented at a con- (Feb. 2004). ference organized by the Constitutional Explaining Sentencing Severity in Large Providing for the Unexpected: Constitutional Court of Ukraine, July 1999, in Roles of Urban Counties:A Multilevel Analysis of Emergency Provisions, 33 Israel YB Hum. the Ombudsman and the Constitu- Contextual and Case-Level Factors, 84 The Rts. 13 (2003 tional Court in Protecting Human Prison J. 184 (2004) (with Robert R. Rights, 37. Weidner and Iain Pardoe). JOAN S. HOWLAND Historical and Comparative Perspectives on Articles and Book Chapters MYRON ORFIELD the Exceptional Severity of Sentencing in the Articles and Book Chapters United States, reviewing: Harsh Justice: Let’s Not ‘Spit the Bit’ in Defense of the Criminal Punishments and the Widening ‘The Law of the Horse’:The Historical and Comment on “In Through the Back Divide Between America and Europe,by Legal Development of American Thorough- Door: Social Equity and Regional Gov- James Q.Whitman (2003), 36 Geo.Wash. bred Racing, 14 Marq. Sports L. Rev.473 ernance,” by Scott Bollen. Housing Policy Int’l L. Rev.227 (2004). (Spring/Summer 2004). Debate 13, no. 4 (2003): 659–668. The “Digital Divide”:One More Item to Economic and Racial Segregation in Greater Book Review Add to the List of the Legal Profession’s Wor- Miami Elementary Schools:Trends Shaping 39 Criminal Law Bulletin 488 (2003) ries? 27 Minn.Women Law. Mag. 4 Metropolitan Growth, Brookings Institu- (reviewing David T. Johnson,The Japan- (2003). tion Center on Urban and Metropolitan ese Way of Justice: Prosecuting Crossing the “Digital Divide”:Yet Another Policy (2003). Battle for American Indian Communities, http://www.brookings.edu/es/urban/pu DANIEL J. GIFFORD Proceedings of the XVI American blications/200308_orfield.htm. Articles and Book Chapters Indian Sovereignty Symposium 24 The Region:The True City, in Towar d t h e (2003). Livabble City, (Emilie Buchwald, ed.) European Union Competition Law and Poli- (2003). cy: How Much Room for Convergence with MAURY S. LANDSMAN the United States? 48 Antitrust Bull. Politics and Regionalism, in Urban Sprawl: 727 (2003) (with Robert T. Kudrle). Articles and Book Chapters Causes Consequences and Policy Responses 237–254 (Greg Squires, ed.) Antitrust’s Troubled Relations with Intellectu- Moral Judgment of Law Students across Three (2003). al Property, 87 Minn .L. Rev.1695 (2003). Years: Influences of Gender, Political Ideology Developing Models for a Coherent Treatment and Interest in Altruistic Law Practice, 45 SHARON REICH PAULSEN of Standard-Setting Issues Under the Patent, South Texas L. Rev.891 (2004). Books Copyright and Antitrust Laws, 43 Idea 331 (2003). JOHN H. MATHESON Advocacy on Appeal (1st ed. 2001, 2d The Antitrust/Intellectual Property Interface: Scholarship ed. 2004) (with Bradley G. Clary and Michael J.Vanselow). An Emerging Solution to An Intractable Articles and Book Chapters Problem, 31 Hofstra L. Rev.363 (2003). Other Alternative National Merger Standards and The Limitations of Limited Liability: Lessons the Prospects for International Cooperation, in for Entrepreneurs (And Their Attorneys), 2 Cite Station (a series of interactive Pol. Econ. on Int’l Trade L. 208 Minn. J. Bus. L. & Entrep., Issue 1 computer-based exercises for use in legal (Daniel L. M. Kennedy & James D. (2003), at http://kommerstad.org/jour- writing and moot court courses) (forth- Southwick eds. 2002) (with Robert T. nal/v2n1/matheson.html coming 2004) (with Bradley G. Clary, Kudrle). Liability of Agent to Third Parties: On the Pamela Lysaght & Danielle Istl). Competition and Intellectual Property Law Contract and Warranty of Authority (2003), and Policy in the Knowledge-Based Econo- an interactive computer exercise at GREGG POLSKY my: Standards and Intellectual Property: http://lessons2.cali.org/web/ba02/index. Articles and Book Chapters Some Comments, htm (with Eric J. Gouvin). Employment Discrimination Remedies and http://www.ftc.gov/opp/intel- Tax Gross Ups, 90 Iowa L. Rev.__ lect/020418danieljgifford.pdf [FTC hear- FRED MORRISION (forthcoming October 2004) (with ing document]. Articles and Book Chapters Stephen Befort). Public International Law: An Anchor in The Contingent Attorney’s Fee Tax Trap: Shifting Sand, 22 J. of L. & Inequality Ethical, Fiduciary Duty & Malpractice Impli- 337 (2004). cations, 23 Va.Tax Rev.615 (2004).

14 Law Alumni News o SPRING 2004 Can Treasury Overrule the Supreme Court?, Reducing the Prison Population, in Con- 84 B.U. L. Rev.185 (2004). fronting Crime: Crime Control JUDITH T.YOUNGER How Should an FLP’s Note Be Treated? The Under New Labour (Michael Tonry Articles and Book Chapters ed., 2003). Debate Continues, 98 Tax Notes 1171 Light Thoughts and Night Thoughts on (2003). (letter to the editor) American Marriage, U. Minn. L.Alumni Why the FLP Note Used in the ECS Deal KEVIN K.WASHBURN News __ Spring 2004 (forthcoming). is “Property”, 98 Tax Notes 1160 (2003). Articles Contributor to Black’s Law Dictionary (letter to the editor) Tribal Courts and Federal Sentencing, 36 (8th ed. forthcoming). Ariz. St. L. J. (forthcoming 2004). E.THOMAS SULLIVAN Other Federal Law, State Policy, Indian Gaming, 4 Articles and Book Chapters Nev.L. J. 285 (2003/2004). Appellants’ Brief and Reply Brief in Matter of the Trusts created under Trust Agree- The Supreme Court and Private Law:The A Different Kind of Symmetry, 34 New ments dated Dec. 31, 1974 and 1980 Vanishing Importance of Securities and Mexico L. Rev. (forthcoming 2004). (with others), Minnesota Court of Antitrust, __ Emory L.J.__ (2004). Appeals. Global Trade Law: Present at the Creation, DAVID WEISSBRODT Amicus Brief, McKee.Johnson v. Johnson 13 Minn. J. of Global Trade 199 (2004). Books 44 N.E. 2nd 259 (Minn. 1989) filed at Race Consciousness As A Public Good, 36 invitation of Minnesota Supreme Court. The Common Law Process of Torts Syllabus, Fall 2003, at 2. (2003) (with Donald Marshall). Society’s Gatekeepers: How Well Are We Doing?, 35 Syllabus, Spring 2003, at 4. Articles and Book Chapters Library Faculty Founders’ Reflections:The Beginning of Min- MICHAEL TONRY nesota Advocates, and Minnesota’s Place in the CONNIE LENZ Books Human Rights World, 15 Human Rights Articles and Book Chapters Observer 4 (Issue 1,April 2003). Youth Crime and Youth Justice: Com- Faculty Services in Academic Law Libraries: The rights of non-citizens, U.N. Doc. parative and Cross-National Perspec- Emerging Roles for the Collection Develop- E/CN.4/Sub.2/2003/23 (2003). tives (2004) (ed. with Anthony Doob). ment Librarian, 96 Law Libr. J. 283 Cross-National Studies of Crime and Genesis of the UN Norms of Responsibility (Spring 2004). and their Significance, 2 New Academy Justice (U.S. Bureau of Justice Statistics Enhancing Collection Development Through Review 35 (Spring 2003). 2004) (ed. with David P.Farrington and Reference Participation, The CRIV Sheet, Patrick Langan) A Review of the Fifth-Fourth Session of the Feb. 2004, at 5. Sub-Commission on the Promotion and Pro- The Future of Imprisonment (ed. Book Reviews 2004). tection of Human Rights, 21 Neth. Q. Hum. Rts. 291 (2003)(with Penny Parker, Thinking About Crime: Sense and Sen- Legal Information Alert, Oct. 2003, at Laura Gerber, Muria Kruger, and Joe W. 10 (reviewing Sarbanes-Oxley Desk- sibility in American Penal Culture (Chip) Pitts, III). (2004). book). Do Human Rights Treaties Make Things Crime and Justice—A Review of Worse?, Foreign Policy, January/February MARY RUMSEY Research,Vol 30 (ed. 2003). 2003, at 88. Confronting Crime: Crime Control Articles and Book Chapters Under New Labour (ed. 2003). SUSAN M.WOLF Case Study, in Introduction to Online Legal, Regulatory & Intellectual Articles and Book Chapters Articles and Book Chapters Property Research (Genie Tyburski ed., Crime, in Handbook of Social Prob- Genetic Testing and Disability Insurance: 2004). lems, (George Ritzer ed., 2003). Ethics, Law & Policy (with Jeffrey P.Kahn) Introduction to Foreign Legal Research. (forthcoming). Varieties of Youth Justice, in Youth Crime Chicago: Center for Computer-Assisted and Youth Just. (Michael Tonry & Law & Bioethics: From Values to Violence, 32 Legal Instruction, 2004. Anthony Doob eds., 2004). J.L. Med. & Ethics 293 (2004). Visionaries in Law Librarianship: McCarthy, Evidence, Elections and Ideology in the Mak- Ethics Committee of the American Society for Finley and Tyburski Blaze New Trails for the ing of Criminal Justice Policy, in Con- Reproductive Medicine, Informing Offspring Profession, AALL Spectrum, Jul. 2003, at fronting Crime: Crime Control of their Conception by Gamete Donation, 81 16.With Paul Healey. Under New Labour (Michael Tonry Fertility & Sterility 527 (2004)(with Introduction to Statutes. Chicago: Center ed., 2003). others). for Computer-Assisted Legal Instruction, Is Sentencing in England and Wales Institu- Clinical, Ethical, and Legal Issues in Using 2002.With Suzanne Thorpe. tionally Racist?, in Confronting Crime: Preimplantation Genetic Diagnosis to Create Libraries Confront the Challenges of Accom- Crime Control Under New Labour a Stem Cell Donor, 31 J.L. Med. & Ethics modating Disabled Users, AALL Spectrum, (with Amanda Matravers) (Michael Tonry 327 (2003) (with Jeffrey P.Kahn & John Apr. 2002, at 6 (2003 AALL Spectrum ed., 2003). E.Wagner). Article of the Year Award recipient).

Law Alumni News o SPRING 2004 15 Faculty Scholarship

International Air, Space & Water, EISIL and Insult Laws:What More Can be and Politics (Paul Djupe & Laura (Electronic Information System for Done to Decriminalize Libel and Repeal Olson eds.) (2003). International Law), http://www.eisel.org Insult Laws” convened by the Organiza- (Sponsored by the American Society of tion for Security and Cooperation in BERNARD M. LEVINSON International Law). Europe (OSCE) in Paris, France, Nov. 24–25, 2003. Book Book Reviews The American Executive Branch:A Culture Revelation and Redaction: Rethink- 32 Int’l J. Legal Info. __ (2004) of Secrecy, The Long Term View,Vol. 6, ing Biblical Studies and Its Intellec- (reviewing The International Criminal No. 1 (2003). tual Models (forthcoming). Court: Recommendations on Policy and Bloggers and Their First Amendment Protec- Articles and Book Chapters Practice -Financing,Victims, Judges and tion, Nieman Reports,Vol. 57, No. 3, Fall Immunities)(forthcoming) . 2003. Is the Covenant Code an Exilic Composi- 96 Law Libr. J. ___ (2004) (reviewing tion? A Response to John Van Seters, in In Amicus brief, Office of Independent Counsel Search of Pre-Exilic Israel: Proceedings Deli Yang, Intellectual Property and v. Favish, No. 02–954, filed Aug. 21, 2003 Doing Business in China)(forthcoming) . of the Oxford Old Testament Seminar (pending before the Supreme Court of (John L. Day, ed. 2004). Legal Information Alert, Nov./Dec. the United States). Deuteronomy, in The Oxford Jewish 2003, at 11 (reviewing World Online What’s in a Name? Privacy, Property Rights Business Law). Study Bible (Adele Berlin & Marc Zvi and Free Expression in the New Communi- Brettler eds., 2003) 356–450. 95 Law Libr. J. 441 (2003) (reviewing cations Media, in Craig L. LaMay, ed. James Crawford,The International Law Journalism and the Debate Over Pri- Commission’s Articles on State Respon- vacy: 107–131 (2003). C. FORD RUNGE sibility) Coming of Age in Minnesota, Federal Articles and Book Chapters Legal Information Alert, Jan. 2003, at Communications Law Journal,May “Sustainability and Enclosure: Land, 12 (reviewing English Private Law). 2003. Intellectual Property and Biotechnology.” Privacy vs. Public Right to Know, Donald (In progress.“Genetically modified and APRIL SCHWARTZ Johnston, ed. 3 Encyclopedia of Inter- healthy,” (with David G.Victor). Interna- Articles and Book Chapters national Media and Communications: tional Herald Tribune, February 19, 573-583 (2003) 2003. (http://www.iht.com/arti- Reflections on Brown v. Board of Education, cles/87159.html) in AALL Spectrum,Apr. 2004 at 6. Legal Foundations of Press Freedom in the United States, Global Issues (U.S. State Ending Hunger in Our Lifetime: Food Secu- Department IIP E-Journal), vol. 8, no. 1, rity and Globalization (with Ben Senauer, SUZANNE THORPE Feb. 2003. Philip Pardey and Mark Rosegrant). Articles and Book Chapters Johns Hopkins University Press for Inter- TIMOTHY R. JOHNSON national Food Policy Research Institute Researching Swedish Intellectual Property (IFPRI). Spring 2003. Law, 31 Int’l J. Legal Infor. 473 (2003). Book “A trade battle that will cost America Oral Arguments and Decision Mak- dear,” (with David Victor). Financial Affiliated Faculty ing on the United States Supreme Times, May 15, 2003. Court (2004). “Agrivation:The Farm Bill from Hell.” Articles The National Interest 72 (Summer 2003): ELIZABETH HEGER BOYLE 85–93. The Use of Presidential Capital During the Articles and Book Chapters “The Economic Status and Performance Supreme Court Confirmation Process, Jour- of Plant Biotechnology in 2003:Adop- Formal Legality and East African Immigrant nal of Politics (forthcoming 2004) tion, Research and Development in the Perceptions of the War on Terror, 22 L. & (with Jason Roberts). United States.” A study prepared for the Inequality 301 (2004) (with Fortunata Delaying Justice:The Supreme Court’s Deci- Council for Biotechnology Information Songora). sion to Hear Rearguments, Political (CBI),Washington, D.C., December 1, Research Quarterly Vol. 56, #3 (Sep- 2003. WILLIAM G. IACONO tember): 351–360 (2003) (with Valerie Articles and Book Chapters Hoekstra). WILLIAM E. SCHEUERMAN The Supreme Court, the Solicitor General, Books Iacono,W.G., & Patrick, C.J. (2004). and the Separation of Powers, American Polygraph (“lie decector”) Testing:Cur- Politics Research (formerly American Liberal Democracy and the Social rent status and emerging trends. In Politics Quarterly) Vol. 31, #4 (July): Acceleration of Time (Baltimore & A.K.Hess & I.B.Weiner (Eds.), The hand- 426–451 (2003). London: Johns Hopkins University Press, book of forensic psychology (3rd ed.) June 1994). Other JANE E. KIRTLEY Social Acceleration: Conceptions, Roe v.Wade,Webster v. Reproductive Health Causes, Consequences, co-edited with Articles and Book Chapters Services,Wolman v.Walter, Good News Club Hartmut Rosa (London & New York: et al. v. Milford Central School, Rosenberger NARA v. Favish, 124 S. CT. 1570 (2004). Verso, forthcoming April 2005). v. University of Virginia,and Santa Fe Inde- Criminal Defamation:An “Instrument of pendent School District v. Doe, in The Destruction”, a paper distributed at “Libel Encyclopedia of American Religion

16 Law Alumni News o SPRING 2004 Articles and Book Chapters The Proceduralist Paradigm of Law, in Klas- Speed, States, and Social Theory:A Response Social Acceleration, in Social Accelera- siker Auslegen. Habermas Faktizitaet to Hartmut Rosa, Constellations,Vol. tion: Conceptions, Causes, Conse- und Geltung, (ed. Jean-Christoph 10, No. 1 (2003). Merle) (forthcoming 2004). quences (with Hartmut Rosa) (2005 Book Reviews forthcoming). Critical Theory and the Challenge of Ethical Review of Jacobson and Schlink, ed. Frankfurt School, and Carl Schmitt,in Pluralism, in The Many and the One: Weimar Jurisprudence, International Encyclopedia of Law and Society Religious and Secular Perspectives Journal of Constitutional Law,Vol. I, (forthcoming, 2005). on Ethical Pluralism in the Modern World 311, (ed. Richard Madsen and No. 3 (2003), pp. 550-53. o Democratic Experimentalism or Capitalist Tracy Strong) (2003). Synchronization? Critical Reflections on Directly-Deliberative Polyarchy, Canadian Emergency Powers and the Compression of J.L. & Juris.,Vol. 22, No. 1 (2004). Space and Time, Israel Yearbook for Human Rights,Vol. 33 (2003).

The William B. Lockhart Lecture rofessor Pamela S. Karlan delivered the William B. Lockhart Lecture on November 4, 2003.The lecture was entitled,“Pricking the Lines:The Due PProcess Clause, Punitive Damages, and Criminal Punishment.” Pamela S. Karlan is the Kenneth and Harle Montgomery Professor of Public Interest Law at Stanford Law School, where she teaches courses in constitutional law and litiga- tion, regulation of the political process, and procedure.

Professor Karlan received her B.A., M.A. and J.D. from Yale University. She clerked for Judge Abraham D. Sofaer of the United States District Court for the Southern District of New York and for Justice Harry A. Blackmun of the United States Supreme Court. Before entering law teaching, Professor Karlan served as Assistant Counsel at the NAACP Legal Defense and Education Fund, where she specialized in voting rights and employment discrimination litigation. She currently serves as a Dean Johnson and Professor Pamela commissioner on the California Fair Political Practices Commission, the state S. Karlan. agency responsible for interpreting and enforcing political campaign, lobbying and conflict of interest laws. The Lockhart Lecture is the oldest and most distinguished lecture at the Professor Karlan has co-authored several leading casebooks including: The Law of Law School.The lecture series, named Democracy: Legal Structure of the Political Process (rev. ed ed.2002) and Civil Rights after the fifth Dean of the Law School Actions: Enforcing the Constitution (2000). She has written numerous articles that William B. Lockhart, is now in its 26th have appeared in law reviews and legal journals. She also has participated in exten- year.Through the lecture series sive pro bono litigation in civil rights and civil liberties cases, participating in two distinguished scholars, judges scholars, dozen cases before the United States Supreme Court, including two voting rights judges and lawyers enrich the cases that she argued and won on behalf of black voters in Louisiana and Republi- education program and challenge the can voters in Virginia. In 1997, the American Lawyer named her one of the “Pub- thinking about important issues at lic Sector 45,” a group of “young lawyers outside the private sector whose vision the Law School. and commitment are changing lives.

Law Alumni News o SPRING 2004 17 Faculty Essay Light Thoughts and Night Thoughts on American Marriage

BY JUDITH T.YOUNGER, JOSEPH E.WARGO ANOKA COUNTY BAR ASSOCIATION PROFESSOR OF FAMILY LAW0

“My wife and I—we’re pals. Marriage is fun. Yes:two can live as stupidly as one.”1

arriage is a “hot show fewer nuclear families13—one topic”2 these days, the man, married to a woman living with subject of often- their children—and more cohabiting14 emotional public and single parent families.15 Some com- debate.Two opposing mentators deplore the changes, citing Mcamps fuel it: broadly stated, they are broken homes, disappointed adults, suf- those who want to preserve and fering children.16 Others applaud them, strengthen marriage and those who finding in the changed demography, want to change it in some critical way. “astonishing new diversity.”17 Whatever In the former camp are federal3 and one’s personal views on these subjects, state4 governments who have taken a a few, often overlooked, home truths strong stand for marriage as a legally need restatement. First, marriage has protected and privileged, exclusively not been an immutable institution; sec- heterosexual relationship between one ond, marriage cannot possibly provide man and one woman.They want to the benefits proponents expect of it keep same-sex couples out of marriage unless it is stable; third, if we really while, at the same time, enticing single want stability, we may have to give up parents into it.5 Also, in this camp is the JUDITH T.YOUNGER some other cherished values; fourth, as so-called Marriage Movement,6 which a society we can’t hide behind mar- seeks increased public commitment to marriage as the riage, we need to increase our support for all families, ideal family living arrangement.7 On the opposite side of married or not. the fence and for change, are gay and lesbian groups and their supporters who want to redefine marriage to include First, marriage in western society has not been an same-sex couples;8 others who want to strip marriage of immutable institution. It has already undergone radical its legal protections and privileges, privatizing it complete- changes. In the United States alone and only since about ly;9 and the American Law Institute which takes the posi- the 1960s,18 marriage has become a fundamental constitu- tion that marriage or the lack of it should be irrelevant tional right.19 Wives have become equal, rather than sub- when couples are “divorcing.”10 It suggests, therefore, that ordinate, to husbands;20 interracial marriage, once prohibit- the states treat all couples—married, merely cohabiting, ed,21 is now widely accepted; and marital failure rather same-sex or heterosexual—alike, by applying the same than fault of a spouse is a ground for divorce.22 If history property and support rules to them when they break up.11 offers any lesson, it is that marriage will continue to change: be privatized, for example, or expanded to include In the wake of all the talk, people continue to marry and same-sex and even polygamous23 unions. divorce, cohabit and part.The pattern, if any is discernible, seems to be one of serial relationships.12 It is no wonder Second, only stable marriage could possibly provide the then that family demographics are changing. Statistics benefits proponents are expecting from it—support and

18 Law Alumni News o SPRING 2004 Light Thoughts and Night Thoughts on American Marriage nurture of family members, alleviation of poverty, better Thus, we trade in our old cars for new ones, change our adjusted, thriving children, and, incidentally, a means of habits from smoking to nonsmoking, our careers in shifting the cost of these benefits from government-fund- midlife, our hair color, or companions, as the whim strikes ed programs to private family units. If marriage is, indeed, us.Together, these notions lead to the widely held societal capable of meeting these great expectations, it will have to view that love is the only honorable basis for selecting a become more durable than it presently seems to be, lasting mate and the only honorable basis for sticking with the at least long enough for couples to raise their children. selection once made.When love fades, there is nothing left Now, nearly half of recent first marriages end in divorce,24 in most marriages. Nothing remains to support the fami- and first marriages that end in divorce last, on average, ly’s continued existence. Instead of staying together to try only 7 to 8 years.25 With this in mind, pro-marriage to build a new foundation, modern couples, believing that groups are pushing marriage training26 and more restric- every choice is revocable, including their earlier choice of tive divorce laws,27 but both seem doomed to fail as stabi- each other, divorce. If we really want stable marriages lizers. Marriage training, after all, is a form of advertising. therefore, we may have to accept the fact that love is While advertising may induce people to try a product, it ephemeral and choice must have limits. can’t ensure that they will continue to use it. Neither can restrictive divorce laws keep people married. Experience Let me illustrate the point with a real case,32 the story of a shows a startling lack of equivalence between the content stable marriage in which neither love, nor free choice of divorce law and the incidence of divorce. Some trou- played a part.The Supreme Court of Alaska gives us the bled couples, like Bill and basic facts as follows: Hilary Clinton, stay together through times of strain though ...Lillie Rahm-Riddell, who they might easily divorce …If we really want was in her early nineties, met under permissive divorce laws. Robert J. Riddell, who was During the Monica Lewinsky stable marriages in his mid-sixties. Riddell scandal, for example, Bill and ingratiated himself to Lillie Hilary could have been free of and became her handyman. each other merely by living therefore, we may He soon moved in with her separate and apart for a year, a and started to isolate her divorce ground under District have to accept the from her family and friends. of Columbia law.28 To take an Riddell married Lillie...while example from “art” which fol- guardianship proceedings lows life with fidelity in this fact that love is were pending to determine arena: a look at Blondie and Lillie’s competency to man- Dagwood Bumstead of my ephemeral and choice age her personal and finan- favorite comic strip,“Blondie,” cial affairs.Those proceedings finds them sticking together resulted in the appointment through various stresses in must have limits… of the Public Guardian as their marriage.They do so Lillie’s primary conservator; though Dean Young,who several months later, prompt- draws the strip in Florida, could easily divorce them on ed by reports of domestic violence, the superior court the no-fault ground of irretrievable breakdown.29 Con- entered an order restraining Riddell from contacting versely, couples who really want to divorce manage to do Lillie. Lillie moved to an assisted-living home in Wash- so even if the laws are restrictive.30 They get annulments or ington state. Riddell spirited her away from the home foreign divorces, collude with each other and lie to estab- and took her to Oregon, where they lived together lish whatever the permissible divorce ground. Or they until Lillie died...The entire time that Lillie knew Rid- merely divorce themselves by deserting their families. In dell, she suffered from Alzheimer’s disease and/or senile fact, changes in divorce laws probably have little to do dementia.33 with divorce rates, as historians of divorce have discovered.31 Thus stability in marriage cannot be achieved In the course of their relationship Riddell abused Lillie either through advertising or legislation. It will have to physically.34 He drafted two wills, which Lillie signed, the come, if at all, from some other source. first left him substantial amounts; the second left him everything.35 Lillie signed checks for Riddell’s benefit; he This brings me to the third home truth: to achieve stable gained access to information about her bank accounts and marriage, we may have to relinquish other values.Today in social security.36 Indeed, Lillie’s social security checks went America we suffer acutely from two prevailing societal unaccounted for after Riddell entered her life.37 notions.The first is that “love,” by which is usually meant physical attraction, is a sufficient basis for marrying and After Lillie’s death, Riddell pursued her remaining assets. founding a family.Thus, we “fall in love” and marry.The In the proceedings that followed, he filed claims as a cred- second is the idea that free choice in every day life is itor of her estate,38 attempted to probate the second will vitally important; it is, therefore, equally important (and, he drafted for her to sign, leaving him all of it,39 and, indeed possible) to correct a wrong choice once made. when a will predating his relationship with Lillie was

Law Alumni News o SPRING 2004 19 Light Thoughts and Night Thoughts on American Marriage

admitted to probate, sought statutory allowances and an 3. In the Defense of Marriage Act, 1 U.S.C. § 7 (1988), Congress elective share as her surviving spouse.40 Riddell’s claims as defined marriage for federal purposes as “only a legal union creditor of Lillie’s estate were denied,41 and the will bene- between one man and one woman as husband and wife,” and fiting him was refused probate as the product of his undue the word “spouse” as “a person of the opposite sex who is a influence on Lillie.42 The validity of Riddell’s marriage to husband or wife.” Congress also purported to free states from 43 giving full faith and credit to marriages between same sex part- Lillie was upheld, however, despite the Alaska Supreme ners. See 28 U.S.C. § 1738C (1998). Court’s earlier conclusion in the probate proceedings that “overwhelming evidence sug- 4. Same sex marriage is still illegal in the United States and indi- gests Lillie was incompetent and vidual states have passed defense of did not understand the extent of marriage acts of their own. See her estate or the status of her Developments in the Law,The Law of ARV EV 44 …Marriage should Marriage and Family, 116 H .L.R . personal relationships.” The 1996, 2006 (2003) [hereinafter Devel- finding of a valid marriage enti- opments]. See, however, Goodridge v. tled Riddell to statutory not be expected Department of Public Health, 798 allowances and an elective N.E. 2nd 941 (Mass. 2003) (policy share.45 My first reaction to this to substitute for the and practice of denying marriage result was incredulity. Lillie was licenses to same sex couples violates incompetent. Riddell married Massachusetts constitution). her for money and treated her exercise of individual 5. Promoting marriage is part of badly during the marriage.Why President Bush’s marriage policy and was the Court rewarding him? responsibility therefore, the states’ as well using After mulling it over for a few TANF funds. See Get Me to the months, I saw some light. Per- Church on Time,THE ECONOMIST,July haps the Court was rewarding in forming 12, 2003, at 29; Katherine Boo, The Riddell for keeping the mar- Marriage Cure,THE NEW YORKER, riage together—elevating stabili- relationships and August 18 & 25, 2003, at 104–106; ty over love and free choice.The The Marriage Movement, A Statement of Principles, http://www.marriage- case may preview the future— founding families… movement.org/html/report.html one in which we’ll see a radical (The Governor’s Marriage,The Fed- shift in the American way of eral Marriage Movement) [here- thinking about marriage. inafter Marriage Movement]; Jeffrey Rosen, How to Reignite the Culture Wars,NEW YORK TIMES This brings me to the fourth and final home truth.We MAGAZINE, September 7, 2003, at 49–50. need to recognize marriage for what it is—a frail and del- 6.The Marriage Movement describes itself as follows: icate structure, in danger of collapse if overburdened with We are teachers and scholars, marriage counselors and mar- too great expectations. Marriage should not be expected riage educators.We are clinicians, service providers, policy ana- to substitute for the exercise of individual responsibility in lysts, social workers, women’s leaders, religious leaders, and forming relationships and founding families. Nor should it advocates for responsible fatherhood.We are people of faith, be expected to substitute for collective responsibility in asking God’s blessing in the great task before us.We are agnos- providing public programs, which support all families.46 As tics and humanists, committed to moral and spiritual progress. a former colleague of mine sadly said,“The comparative We are women and men, liberals and conservatives, of different lack of family support systems in the United States is so races and ethnic groups. See Marriage Movement supra note 5 (Why We Come extreme as to make it unique among modern nations.”47 It Together). is time to remedy this. o 7. Id. (Why We Come Together,Where Do We Stand Today? The FOOTNOTES Contemporary Marriage Crisis). 0 Judith T.Younger is the Joseph E.Wargo Anoka County Bar 8. Developments, supra note 4, at 2004–2027. Association Professor of Family Law, University of Minnesota 9. E.g., Michael Kinsley, Abolish Marriage; Let’s Really Get the Govern- Law School. She is a veteran of two long marriages—her par- ment Out of Our Bedrooms,WASHINGTON POST, July 3, 2003, at ents’ and her own. She has also survived a number of other A23. relationships. She thanks her research assistant Jeffrey T. Sealey for his cheerful help and support in the research and produc- 10. PRINCIPLES OF THE LAW OF FAMILY DISSOLUTION ch. 6, §§ tion of this piece.Thanks, too, to Suzanne Thorpe of the Law 6.01–6.06 (2000). Library for her indefatigable help in finding essential documents. 11.The merely cohabiting are called “domestic partners.” Id. § 6.03(1).They are “two persons of the same or opposite sex, 1. PHILIP LARKIN,COLLECTED POEMS xxii (Anthony Thwaite ed., not married to one another, who for a significant period of 1988). time share a primary residence and a life together as a couple.” Id.; See also Kay S. Hymowitz,The Cohabitation Blues, COMMEN- 2. Peter Steinfels, Efforts to Redefine Marriage Stumble Over Same- TARY, March 2003, at 66. Sex Unions, N.Y.TIMES, June 21, 2003, at A16.

20 Law Alumni News o SPRING 2004 Light Thoughts and Night Thoughts on American Marriage

12. See DEP’TOFHEALTH AND HUMAN SERVICES, CDC,VITAL AND 32.There are two reported opinions from the Alaska Supreme HEALTH STATISTICS, ser. 23, No. 22, COHABITATION,MARRIAGE, Court.They are: Riddell v. Edwards, 32 P.3d 4 (Alaska 2001) DIVORCE, AND REMARRIAGE IN THE UNITED STATES 1–5 (2002). [hereinafter Riddell I]; Riddell v. Edwards, 76 P.3d 847 (Alaska 2003) [hereinafter Riddell III].There is a third unreported opin- 13.The percentage of married couples living with their own chil- ion from the Alaska Supreme Court: Riddell v. Edwards Mem. dren dropped from 40.3% in 1970 to 24.1% in 2000. Jason Op. & J. No. 1050 (Alaska Oct. 10, 2001) [hereinafter Riddell II]. Fields & Lynne M. Casper, U.S. CENSUS BUREAU, U.S. DEP’TOF In addition, there are two orders by Judge Weeks of the Alaska COMMERCE,AMERICA’S FAMILIES AND LIVING ARRANGEMENTS: Superior Court.They are: In re Estate of Rahm, No. 1KE-97-154 POPULATION CHARACTERISTICS 3 fig. 1 (2001). PR (Alaska Super. Ct.April 17, 2000) (Order on Validity of Mar- 14. See, id. at 3. riage) [hereinafter Rahm I]; In re Estate of Rahm, No. 1KE-97- 154 PR (Alaska Super. Ct. Nov. 1, 2000) (Memorandum and 15.The census also showed the proportion of all families that Order) [hereinafter Rahm II]. were single parent families grew from 13% in 1970 to 31% in 2000. See id. at 7. 33. Riddell III, supra note 32, at 849. 16. E.g., Marriage Movement supra note 5 (Is Marriage a Private 34. Id. at 850 (quoting Super. Ct). Matter? The Public Costs of Divorce). 35. Riddell I, supra note 32, at 6. It expressly disinherited Lillie’s 17. E.g.,AL AND TIPPER GORE,JOINED AT THE HEART, 331 (2002). brother, daughter and grandchildren. Id. 18. Going back a bit further to the three systems of law with 36. Rahm II, supra note 32, at 2. which Christians were most acquainted,Athenian, Roman, and 37. Id. Jewish, we find marriage treated as a private contract and its dissolution freely allowed; though under Jewish law it was the 38. Riddell II, supra note 32, at 2. one-sided privilege of husbands. 2 GEORGE ELLIOT HOWARD,A 39. Riddell I, supra note 32, at 6. HISTORY OF MATRIMONIAL INSTITUTIONS, 12 (1964).According to Howard, it was Augustine who gave the final touch to the 40. Riddell III, supra note 32, at 849. Christian theory of indissoluble marriage. Id. at 26–27. 41. Riddell II, supra note 32, at 9 19. See Developments in the Law, the Constitution, and the Family,93 42. Riddell I, supra note 32, at 6, 10. HARV.L.REV. 1156, 1250 (1980). 43. Rahm I, supra note 32, at 9; Riddell III, supra note 32, at 849, 20. See, e.g.,CAL.FAM.CODE § 720 (1994) (Spouses “contract toward each other obligations of mutual respect, fidelity, and 851. support”). 44. Riddell I, supra note 32, at 10.The Superior Court judge who 21. See Loving v.Virginia, 388 U.S. 1 (1967). ruled initially on the question of the validity of the marriage thought that Riddell’s conduct and Lillie’s mental state did not 22. See, e.g.,HERBERT JACOB,SILENT REVOLUTION:THE TRANSFORMA- rise to that “combination of incompetence and egregious TION OF DIVORCE LAW IN THE UNITED STATES (1988). behavior” that would bring it within the rule allowing post- mortem challenges to marriage. Rahm I, supra note 32, at 14. 23.The ancient Hebrews were, after all, polygamous.“Men who The Alaska Supreme Court agreed. Riddell III, supra note 32, at could afford them kept numerous wives and concubines simul- 851. taneously, and monogamy was common because of poverty, not principle.” JAMES A. BRUNDAGE,LAW,SEX, AND CHRISTIAN SOCIETY 45. Riddell III, supra note 32, at 851.The Supreme Court thus IN MEDIEVAL EUROPE 52 (1987). reversed the Superior Court judge who made the original decision on Riddell’s attempts to get statutory allowances and 24. ROSE M. KREIDER & JASON FIELDS, U.S. CENSUS BUREAU,NUMBER, an elective share. Id. at 856.The Superior Court had upheld the TIMING AND DURATION OF MARRIAGES AND DIVORCES: 1996 1 validity of the marriage but, because of Riddell’s conduct, (2002). imposed a constructive trust on the property in Riddell’s hands 25. Id. in favor of Lillie’s estate.Rahm II, supra note 32, at 1, 7.The sin- gle dissenter in the Supreme Court, Justice Carpenti, cited Rid- 26. Marriage Movement supra note 5 (What Should We Do? A dell’s “fraudulent conduct toward Lillie,” his “bullying family and Call to the Nation). friends,” his “physical intimidation of friends, family, lawyers and 27. Id. caregivers” and his physical abuse of Lillie, as justification for the imposition of a constructive trust. Riddell III, supra note 32 28. D.C. CODE ANN. § 16-904(a)(2) (2001 & Supp. 2003). at 859. 29. FLA.STAT.ANN. § 61.052(1)(a) (1997 & Supp. 2003). 46. Regardless of form, and especially by providing job training 30. See NELSON MANFRED BLAKE,THE ROAD TO RENO 202 (1962) and safe affordable childcare. (using New York as an example, spouses simply deserted). 47. Urie Bronfenbrenner, Child Care in the Anglo-Saxon Mode, in 31. See WILLIAM J. GOODE,WORLD CHANGES IN DIVORCE PATTERNS CHILD CARE IN CONTEXT:CROSS-CULTURAL PERSPECTIVES, 281, 282 322 (1993); LAWRENCE STONE,ROAD TO DIVORCE 5–6 (1990); Ira (Michael E. Lamb et al. eds., 1992).This is still the case. See Mark Ellman & Sharon Lohr, Dissolving the Relationship Between Karen Christopher, Family-Friendly Europe,THE AMERICAN Divorce Laws and Divorce Rates, 18 INTL REV.L.& ECON. 341, 341 PROSPECT,April 8, 2002,Vol. 13, Iss. 7. (1998).

Law Alumni News o SPRING 2004 21 Scholarships The Law School’s Lifeblood Scholarships Are More Important Than Ever

BY TODD MELBY

fter earning a B.A. in chemistry in 1993, John Stolpa now appears to be on his way to a successful law Stolpa taught for one year at his alma mater’s career.After working as a staffer last year at Minnesota Intel- science labs at Colorado College. It’s been one lectual Property Review, he now serves as editor-in-chief. of his few breaks from higher education. Stolpa Stolpa graduates this spring and is due to begin work at Abegan graduate studies in 1994 at the University of Col- Finnegan, Henderson, Farabow, Garrett & Dunner, a Wash- orado Health Sciences Center in Denver. Six years later, ington, D.C. firm specializing in intellectual property law. he completed a Ph.D. in immunology, specializing in leukemia research. A scholarship also helped persuade Juan Vega to choose the University of Min- But Stolpa, a man with broad shoulders nesota Law School.The son of an econ- who enjoys hiking and mountain bik- omist who worked at the U.S. Embassy ing in the Rockies, wasn’t sure he in Bolivia,Vega occasionally went on wanted to spend the rest of his working business trips with his father.That might life in laboratories. Several conversations explain why Vega, 31, spent much of his with an attorney/scientist—he was the twenties as an international sales repre- partner of his dissertation committee sentative for U.S. companies. Like Stol- chair—convinced him to pursue a pa,Vega also has multiple degrees—a career in the law.“Working on your bachelor’s degree (with majors in psy- JUAN VEGA Ph.D. for six years gives you a lot of chology and sociology) from Virginia JOHN STOLPA time to think about things,” Stolpa said. Tech in 1994 and a M.B.A. from the University of Florida Stolpa’s academic achievements and in 2002. He hopes to combine his passion for the law with high LSAT score made him a hot commodity. Seven of the his cultural and linguistic expertise. eight institutions he applied to, including the University of Minnesota Law School, accepted his application. “I like the idea of traveling throughout Latin America with a focus in the law,” said Vega, who is completing his Minnesota may not have known it at the time, but it was first year of law school at the university.Vega was also competing for Stolpa against a pair of similarly top-ranked weighing offers from other law schools when the Univer- law schools at the University of Michigan and Northwest- sity of Minnesota offered him the Leonard, Street and ern University.“We want to keep the best and the bright- Deinard Scholarship.“The scholarship definitely pushed it est in Minnesota,” said Sharon Reich Paulsen, University of in Minnesota’s favor,”Vega said.“That was probably the Minnesota Law School associate dean.“And we want to determining factor.” attract the best and the brightest nationwide.To do that, we have to offer students attractive scholarship packages.” Study finds big jump By enticing Stolpa with a Robert Stein Scholarship and in law school tuition resident tuition rates (his parents, now retired, live in While Stolpa and Vega managed to put the brakes on accu- Red Wing), the University of Minnesota Law School mulating student loan debt, many other outstanding stu- basically covered the 32-year-old man’s tuition costs. He dents aren’t so fortunate.According to an American Bar would just have to pick up living expenses for his three Association study, tuition at public university law schools years of law school. Because Stolpa had already accumulat- increased 131 percent between 1992 and 2002 to an aver- ed approximately $40,000 in debt during his Colorado age of $9,376 for state residents and $18,131 for out-of- academic career, this proved to be enticing.“No doubt,” state residents. (Meanwhile, tuition at privately-funded law Stolpa said.“With that debt load and thinking about pro- schools shot up 76 percent during the same time period to longing the start of my career, it was definitely a factor.” an average $24,144.)

22 Law Alumni News o SPRING 2004 Scholarships The Law School’s Lifeblood

“The statistics are alarming,” said Robert Stein, executive Young has received a Royal Stone director of the American Bar Association and Dean of the scholarship, but it pays for only a frac- University of Minnesota Law School from 1979–1994. tion of the cost of law school.When “This is having a very significant effect on career choices she graduates in 2005, she’ll likely land and the ability to attract graduates to careers in public a job that pays only a modest salary. So service work.” what percentage of her income will likely be dedicated to paying off student Tuition and fees at the University of Minnesota Law loans? Young isn’t sure.“It’s something School is higher than the national average ($15,968 resi- I’ve thought about,” Young said.“But I dents, $25,934 out-of-state residents in 2003–2004), but haven’t done the math. I’m in denial.” still less expensive than several other prestigious public uni- Some students who pursue careers in LAURA YOUNG versities, including the University of Michigan, University public interest law receive assistance of Virginia and University of California-Berkeley. from the Loan Replacement Assistance Program (LRAP) of Minnesota, a local nonprofit organization. But limited Add the cost of living expenses—about $18,000 annually— funds require that recipients must have “an adjusted house- to the mix and it’s little wonder that the average law school hold income” of less than $42,528 annually. graduate enters the workforce with about $77,300 in stu- dent loans, about double the figure from 10 years earlier. “The amount of law school debt is staggering,” said Heather Rastorfer Vlieger, LRAP of Minnesota executive director.“And it’s growing every year.” In 2003, the 23 Fear of debt can stifle interest recipients of LRAP of Minnesota funds had an average in public interest law income of $35,278, average annual debt payments of Susan Gainen, University of Minnesota Law School career $8,789 and received an average of $4,060 from the pro- services director, said student loan debt weighs especially gram. But it’s not enough, Rastorfer Vlieger said.“There’s a heavily on some students.“If the job of your dreams is need for more loan repayment assistance,” she said. public interest law, the nightmare that gets in the way of fulfilling that dream can be this mountain of debt, which is terrible,” she said. Alumni find scholarships a “meaningful gift” According to the National Association of Law Placement, New scholarship funding is also essential to keep the doors graduates from the Class of 2002 who landed public inter- open for a variety of University of Minnesota Law School est legal services jobs earned a median income of just students. Many alumni have recognized the need for schol- $36,000 annually.“Students committed to public interest arships, including Russell Lindquist, a 1945 law school and public service law need to be frugal,” Gainen said. graduate.“I’m fortunate to have had parents who could afford to pay for my schooling,” Lindquist said.“But with- Laura Young,30, a second-year law student at the universi- out a lot of help from some other source, I would have ty, is committed to pursuing a career in public interest had a tough time.”And that’s when tuition was cheap. law—despite the hurdles.The native of Madison,Wiscon- Lindquist, 83, remembers paying $18.75 per quarter (not sin earned a bachelor’s degree (with majors in English and per credit) as an undergraduate at the University of Min- biology) from the University of Virginia and a master’s nesota, and $35.00 per quarter at the law school. degree in public health from Emory University before beginning public interest work. During his legal career—Lindquist retired from Dorsey & Whitney—he It was while working at a Philadelphia nonprofit dedicated did well financially.“I’m not rich,” he to aiding victims of domestic violence that Young began said.“But I made more money than I contemplating a law career.“Many of the clients I was ever dreamed I’d make.The university working with were dealing with the legal system on what should get the credit. I got it with a seemed like a daily basis,”Young said.“They had issues University of Minnesota degree.” Now pending in family court, criminal court and custody battles he’s helping soften the financial burden in civil court.And there wasn’t any one person who could of others by funding the Avis and Rus- help them.” sell Lindquist Scholarship.“It’s a great RUSSELL way to make a gift that’s a meaningful LINDQUIST Not finding effective legal assistance for these women gift,” Lindquist said. could prove costly,Young realized.“Some of the problems they were dealing with were nightmarish,” she said.“They Joe A.Walters, a 1947 law school graduate, also sees the were often trying to get away from a partner who had value in funding scholarships for today’s law students.After control over them.” Despite entering law school with only retiring from O’Connor & Hannan, he created the Walters minimal student loan debt,Young still worries about pay- Family Scholarship Fund.“It’s important because a lot of ing for tuition, books and living expenses.“Yes,” she said. young people who want to become lawyers don’t have the “It’s really tough.” money to go to law school,”Walters said.

Law Alumni News o SPRING 2004 23 Scholarships The Law School’s Lifeblood

Scholarships,Academic Awards and Special Assistance Funds Each of the following funds created by generous alumni and friends is of immeasurable value in helping the Law School attract and retain outstanding students. Joseph S.Almas Memorial Scholarship Law Review Memorial Award Hugh H. Barber Memorial Scholarship Law School Endowment Scholarship Roger Barrett Scholarship The Russell Lederman Memorial Scholarship William J. Baudler Memorial Scholarship Leonard, Street & Deinard Award Lee Bearmon Award in Legal Ethics Leonard, Street & Deinard Foundation Scholarship and Professional Responsibility Leonard, Street & Deinard Scholarship Russell M. Bennett Scholarship Avis and Russell Lindquist Scholarship Erling Berg Memorial Scholarship The Leonard E. Lindquist Scholarship Lorraine O. Berman Memorial Scholarship William B. Lockhart Scholarship Steven M. Block Memorial Award Mackall, Crounse & Moore Scholarship Earl C. Borgeson Library Scholarship George E. MacKinnon Scholarship Walter D. Boutell Memorial Scholarship The Albert & Anne Mansfield Foundation Harlow E. and Jeanne K. Bowes Scholarship Summer Fellowship Program Caroline Brede Scholarship Ralph M. McCareins Memorial Award Briggs and Morgan Scholarship Kevin McCary Memorial Scholarship Montreville J. Brown Memorial Scholarship Michael McHale Memorial Scholarship Charles E. Carlsen Memorial Scholarship Gale R. Mellum Scholarship Wilbur H. Cherry Memorial Scholarship Simon Meshbesher Memorial Scholarship Theodore Christianson, Jr. Memorial Scholarship Andrew E. Miner Scholarship Melvin S. Cohen Scholarship MIPLA Scholarships for Intellectual Property Mary Jeanne Coyne Scholarship Howard W. Mithun Scholarship Thomas P.Cranna Memorial Scholarship Thomas O. Moe Scholarship Norris Darrell Scholarship The John W. Mooty Scholars Fund Roger L. Dell Scholarship Edmund Morris Morgan Scholarship Deloitte & Touche Tax Law Scholarship Colonel Charles M. and Elizabeth S. Munnecke Scholarship at the University of Minnesota Law School Weed Munro Scholarship Homer B. Dibell Scholarship Edward L. Murphy, Jr. Scholarship James E. Dorsey Scholarship Charles Elihu Nadler Award Everett A. Drake Scholarship Ronald J. Nemer Law Scholarship Lucy W. Elmendorf Scholarship Roger and Violet Noreen Scholarship Endowment for Excellence Scholarship Lloyd R. Peterson & Evelyn Peterson Scholarship Faegre & Benson Scholarship Arthur T. Pfefer Memorial Scholarship Faegre & Benson LL.M. Scholarship Ramsey County Bar Association Scholarship David Forman Memorial Scholarship Harold J. Richardson Scholarship Harold M. Fredrikson Memorial Scholarship (Founder, Fredrikson Rider, Bennett, Egan & Arundel Founders Scholarship & Byron, P.A.) The Millard H. and Barbara Daily Ruud Scholarship Edward T. Fride and Patricia A. Fride Scholarship Frank G. Sasse Scholarship Charles and Lillian Gay Scholarship Kenneth and Lillian Smith Scholarship Sidney P.Gislason Scholarship Irving Shapiro Fund to Assist Law School Students Peter F.Greiner Memorial Scholarship A.W. Spellacy Memorial Scholarship Halleland, Lewis,Nilan, Sipkins & Johnson Scholarship Melvin C. Steen Scholarship Gerald and Eleanor Heaney Scholarship Robert A. Stein Scholarship Henson & Efron, P.A.Scholarship The Mary and McCants Stewart Minority Scholarship Marshall W. Houts Memorial Scholarship Royal A. Stone Memorial Scholarship The Eric W. Ingvaldson Scholarship Robert Kincade Stuart and Anna Maude Stuart Scholarship Curtis L. Jensen Scholarship Faith Thompson Scholarship Patricia A. Johnson Scholarship Graham MacFarlane Torrance Memorial Scholarship C. Paul Jones, Helen F.Jones, Katie & Sara Jones Scholarship Walter J.Trogner Scholarship The Elliot and Eliose Kaplan Scholarship William Reynolds Vance Scholarship Sidney J. Kaplan Award The Walters Family Scholarship Sidney J. Kaplan Legal Scholarship Judge Betty W.Washburn Scholarship James L. Krusemark & Lucille Dondore Family Scholarship Kent Wennerstrom Memorial Award John Kukowske Memorial Scholarship The Brig. Gen. Rodger D.Young and Dorothy L.Young Scholarship Law Class of 1924 Memorial Scholarship Gustav E. & Jeannette Zwick Scholarship Law Faculty Scholarship

24 Law Alumni News o SPRING 2004 Scholarships The Law School’s Lifeblood

Patricia Johnson agrees with that senti- school dean, would like to see that ment.A firm believer in helping the change.“I’m concerned we may lose next generation of women become the best students to schools that can attorneys, she created the Patricia A. make such offers,” he said.“The market Johnson Scholarship to do just that.“I is changing.Top students are being grew up with the idea that women can recruited with financial inducements.” do anything,” Johnson said. (Note: Although some people find the notion Current law prohibits the university of tempting top students with tuition- from creating gender or race-based plus scholarships unseemly, Johnson is scholarships.) Throughout the years, more pragmatic. Some of the nation’s JOE A. University of Minnesota Law School best law schools are already doing it; PATRICIA WALTERS alumni have been extraordinarily gen- those that don’t will have a tougher JOHNSON erous with their gifts to the institution. time getting those students to their “The law school is extremely grateful for all the support campuses. we’ve received,” said Martha Martin, the school’s director of external relations and chief development officer. “We’d like to be competitive,” Dean Johnson said.“If some- one is willing to come forward with the resources, we’ll do However, several factors outside the university’s control led it. It’s not a question of whether [to do it], but when.” to a series of tuition increases. In 1968, funds from the State of Minnesota made up 82 percent of the Law Without the enticement of a University of Minnesota School’s operating budget. By 2003, state contributions scholarship, and the economic freedom it provides, some shrunk to just 14 percent of the annual budget.To bridge top students will study elsewhere.Those who hope to pur- that gap, the university is asking alumni to step forward and sue public interest careers—and don’t receive significant fund more scholarships.“If the prestige of the University of financial assistance—may choose to tough it out despite the Minnesota Law School matters to you, we need your sup- financial burden.That’s admirable, but it’s also unnecessary. port,” Martin said.“There’s a strong correlation between the school’s national ranking and the amount of money “Scholarships give people breathing space to begin their available for scholarships. More importantly, it is essential to careers and enjoy their lives,” said Gainen.“Every dime of ensure access to students who will serve as intellectually scholarship money is a gift to society and making the gifted practitioners and thoughtful, compassionate leaders.” world a better place.” o

Many top schools can offer top students tuition-plus schol- By Todd Melby. Melby is a Minneapolis-based freelance writer and arships that cover the cost of tuition, plus living expenses. independent radio producer. The University of Minnesota Law School doesn’t offer these merit-based scholarships yet.Alex Johnson, law

Now is a Great Time to Fund a Scholarship University of Minnesota Law School alumni and friends can help today’s students in many ways. Now you can double the impact of a major scholarship gift!

Dateline Summer 2004: University of Minnesota President Robert Bruininks addresses the scholarship crisis with announcement of a program to match the income payout from a gift of $25,000 or more to a new or existing endowed scholarship fund.The opportunity to double the impact of your gift is available until funds are exhausted. So, hurry! This is an exciting time to include a significant scholarship gift in your charitable giving plans. • A minimum $25,000 gift is required to establish a named endowed scholarship fund at the law school.This is the most sought-after form of recognition or tribute. It is also the most popular form of giving by law firms and corpo- rations seeking to increase their visibility to students and the depth and quality of their future hiring pools. • A minimum $5,000 gift is required to establish a named annual scholarship fund.The entire balance of such a fund is expended, normally within the year it is given, and new gifts are needed to perpetuate it. • The Law School encourages donors to consider giving “unrestricted” scholarship funds.This allows the school more flexibility to meet the needs of all students. Please call Martha Martin (612-625-2060) or Diane Walters (612-626-1888) at the Law School for more information.

Law Alumni News o SPRING 2004 25 The Human Face of Legal Education The Law School’s clinical education program gives students an opportunity to put their classroom training to work with real-life clients.

BY MELEAH MAYNARD aime Driggs will graduate from the Law School in Today, the Law School offers one of the largest, nationally- May.Though he is not yet a practicing attorney, he recognized clinical education programs in the country. Sec- already knows that he wants to specialize in family ond- and third-year students can choose from 16 live-client law. He is certain he's chosen the right career path clinics, ranging from Federal Taxation and Civil Litigation Jbecause, in the last two years, he’s spent four semesters to Immigration and Domestic Felony Prosecution. taking Law Clinics in several areas of practice.While some Designed to function as a teaching law firm, the Law Clin- of his peers have decided against family law because it can ics give students an opportunity to develop their profession- be emotionally draining, Driggs has discovered a personal al legal skills in a setting that goes far beyond the classroom. passion for dealing with the kinds of emotional issues that Under the Student Practice Rule, adopted by the Minneso- come up in family court. ta Supreme Court, student attorneys—supervised by clinic faculty—represent clients in court and administrative “I like family law because I agency proceedings. really care about people and the kinds of problems these While clinical education is available nationwide to less than cases involve,” says Driggs. 30 percent of law students, more than 60 percent of Uni- “There’s a lot of need for versity law graduates take clinical classes. Many students, good advocates in this area including Driggs, enroll in several clinics, as they explore because it’s one that can be various types of law. Currently Driggs is taking the hard for attorneys to deal Domestic Violence Clinic. He has also been in the Public with day after day. For me, Interest Law Clinic and the Legal Aid to Minnesota Pris- though, the more highly- oners (LAMP) Clinic.All three, he says, have given him charged emotional nature of invaluable experience that will help him in his career. family law is a reason to do it. It’s meaningful.You know “I chose this school largely because of the clinics,” he says. why you’re getting up in the “I am so grateful to have the opportunity to do them.The JAIME DRIGGS morning.” experience I was hoping for is exactly what I got.They've been the highlight of my time in law school.” Established in 1913, the University’s Law Clinics began as a partnership between the Law School and the Legal Aid In addition to enhancing the learning experience of law Society of Minneapolis.Though much has changed over students, the clinics provide a valuable service to the com- the years, the original aim of the program remains the munity. Each year the clinics take on approximately 700 same as it’s founder, then-Dean William Reynolds Vance, new cases with student attorneys providing around 18,000 had intended. Long before most law schools were offering hours of free legal services, mostly to low-income clients any kind of clinical education,Vance realized the impor- who do not have access to other kinds of legal assistance. tance of going beyond traditional classroom learning to give law students the opportunity to work with live clients “The social justice aspect of what we do here is very experiencing real legal problems. important to me,” says Maury Landsman, director of the

“I think the fact that we have such exceptional clinics reflects our values.We want to teach academics, but we also want to train ethical and professional lawyers.” —Law School Dean Alex Johnson

26 Law Alumni News o SPRING 2004 The Human Face of Legal Education

Two views of the remodeled Clinics offices.

“Some people still narrowly view the role of a lawyer as a technician. But I think that unless lawyers understand the human context of problems, it is easy for them to miss something important that’s going on.”

—Law Clinic Director Maury Landsman

Law Clinics.“Clinics put students in touch with clients outdated student work areas on the upper level have now who are low income. Many are minorities or immigrants. been transformed into spacious open cubicles, offering In representing these clients students gain legal experience state-of-the-art computer networking and time-saving cal- while learning a lot about their own values and biases. endar and billing management systems. Downstairs, a new Some may go on to do some pro bono work, but even if kitchen, conference room, and additional student work they go to a large firm doing corporate law, what they space have taken the place of the former offices of the learn in the clinics will be helpful to them.” LAMP Clinic, which was defunded over a year ago through state budget cuts. Cases are referred to the Law Clinics through a variety of channels, many come from the Volunteer Lawyers Net- “The remodeled space is a lot more inviting,” says Lands- work (VLN), the largest pro bono legal service provider in man.“Before, this wasn’t a very comfortable place to be, so Hennepin County.“They [the clinics] are very helpful to students worked other places and sent things electronically. us,” says Brad Thorsen, executive director of the VLN. Now students are here all the time.” “Bankruptcy and family law cases are the ones we need the most help with because those have the biggest backlog. Both levels have a few small, private offices for student We help educate students and they help us meet the enor- directors—third year students who have taken at least one mous need for legal services for the poor.” clinic and have been selected to act as the clinic’s junior partners. Student directors supervise new student attorneys Responsible Representation and have their own caseload of clinic cases. y the late 1960s, Law School enrollment had Courtney Powell, who will graduate in May, has worked in grown significantly and the Legal Aid clinic was the Civil Practice Clinic and is currently a student director too small to accommodate the number of stu- in the Child Advocacy Clinic. In August she will start Bdents who wanted clinical experience.Then, in work as a law clerk for Rice County District Court in 1968, a three-year grant from the Council on Legal Edu- Faribault. Powell isn’t yet sure what kind of law she wants cation for Professional Responsibility helped the small to specialize in, but she credits the clinics with helping her poverty law office begin to grow into the well-established develop legal skills that go far beyond pushing paper. clinical program students know today. “I learned a lot of important lessons in the clinics, things Last year, a half-million dollar renovation updated the Law you just can’t learn in a classroom,” she says.“I have a case Clinic’s long-time home in Mondale Hall. Cramped and that I call ‘the saga.’ It’s a third-party custody case and I’ve

Law Alumni News o SPRING 2004 27 The Human Face of Legal Education

been working on it for about a year now but it’s been in Like Balos, Professor Richard Frase is visibly enthusiastic the clinics longer than that.We represent the third party, a when talking about his job and the students he works woman who is trying to get custody of child from the bio- with. He has taught the Federal Prosecution Clinic for logical mother.The case is very complicated and has been more than two decades.The clinic is different from the continued many times. others in that his students don’t interact with clients.They work out of the U.S.Attorney’s office, assisting in the pros- “What stands out for me is that I’ve learned to respect a ecution of federal criminal cases. client who has, at times been hard to work with.At one point, she was calling me ten times a day about small “They work on very serious and complicated cases,” Frase things. It’s easy to forget when you’re drafting paperwork explains.“They do a lot of research and writing. Some of and preparing presentations to remember that this is really my students are interested in becoming FBI agents, others all about a little boy. My client has spent 14 months trying are just interested in this area of law. Our students write a to make sure this little boy has a better life.This isn’t a case lot of government briefs and they are often so well done to her. It’s her life. Handling this case has helped me to be that they don’t even make changes to them.” more understanding.This experience will stay with U.S.Attorneys evaluate the students and most of what they me for the rest of my life.” write is very positive, Frase continues.“Some have been incredibly positive.Though they don't hire anybody While many clinic cases are straight out of school, I’ve had evaluations in which they not as complicated as Pow- say they would if they could.” ell’s, few are as simple as they initially seem. Learning Lawyers with Integrity to uncover and deal with hough the clinics are often as fast-paced as any the complexities that arise other law firm, time is always made for reflec- when dealing with live tion. Many of these “teachable moments” hap- clients is a big part of clini- pen in the car as a student attorney and their cal education, says Professor Tprofessor are driving back from a day in court.“When Beverly Balos, who teaches we’re driving away from court,” says Professor Carl Warren, all three domestic violence “my first question is always:‘What do you think? How do clinics. COURTNEY POWELL you feel about what happened?’ I tell them what I think but I want to hear their opinion first.” “Couples come in to do a will or file a bankruptcy and that seems pretty clear cut. But once you talk with them As they drive,Warren, who teaches in the Civil Practice for a while, other issues often come up,” Balos explains. Clinic, and his students talk over basic goals like; was the “This is especially true with domestic violence issues. It student prepared? And, were they articulate? But they cover seems like no matter what kind of law you practice, subjective issues as well.“Things usually go well in court, domestic violence will come up in your office. Students but every once in a while they don’t for any number of need to understand how to deal with these kinds of com- reasons. I want to be able to reassure them and help them plexities and the clinics are a place where they can get interpret what happened.We talk about what was in their firsthand experience with real people.” control and what wasn’t. Sometimes there was just nothing they could have done and they need to know that.” Balos has been teaching in the clinics for nearly 20 years. Even after all this time, her eyes light up when she’s asked Like the other Law Clinic professors,Warren finds it what she likes about teaching in the clinics.“I think people rewarding to work one-on-one with student attorneys as who teach in the clinics have spent a long time thinking they develop legal skills they will use for a lifetime. But about what it means to be a lawyer in today’s society,” she what appeals to him most about his work in the clinics is says.“We’ve all been through the things students are expe- the opportunity to be there as students learn something riencing.A wonderful thing about the working with stu- much more broadly human. dents in the clinics is that I get to participate in their learning process as they reflect on real world issues and “Clinic students aren’t just learning how to do things,” their role as lawyers.” Warren says.“They’re learning how to be.They are look-

“I’ve always been impressed with how fast students pick up on new things.They have to figure out a lot and most of them have very little, if any, experience when they start law school. It’s very gratifying to work closely with them in the clinics.” —Professor Richard Frase

28 Law Alumni News o SPRING 2004 The Human Face of Legal Education

“Every student should take a clinical course because it is important that they be exposed to clients before they get out of school. Students shouldn’t graduate and then sit across from a client for the first time.”

—Clinic Director Maury Landsman

ing at moral and ethical issues.They’re learning how to to get out there and do things that I didn’t even get to do deal with angry attorneys and untruthful clients in a pro- out in the world until a year or two into my job.” ductive way.They are figuring out what it means to be a person and a lawyer of integrity.There’s no way to learn Demand for clinical courses is high. Students hoping to get those things in the classroom.” into some of the most popular clinics often end up on waiting lists. In the future, administrators hope to increase Patrick Summers (’98) was the Law Clinics’ capacity so all students who want to par- a former student of Warren’s ticipate can do so. and spent his last year of law school working as a student “Our clinics already serve a higher percentage of students director in the Civil Prac- than any other law school in the country,” says Martha tice Clinic. He is now a Martin, director of external relations and chief develop- lawyer with Mackall, ment officer for the Law School.“Our goal is to serve Crounse & Moore in every student who wants clinical experience.The clinics downtown Minneapolis. require intensive one-to-one work, so we would very From time to time a law much like to add at least two faculty positions in the near clerk at his firm will be a future.” Other plans, Martin says, include adding clinics in current Law School student areas like environmental law, and possibly bringing back and he always tells them to the LAMP Clinic. take a clinic.“I say,‘take a PATRICK SUMMERS clinic, any clinic.They will Relationships that Last all really help you,’” he says. “The clinics were the most rofessor Steve Simon has been teaching the relevant thing I did in law school. If I hadn’t done them, I Misdemeanor Defense and Misdemeanor would not have had the skills to be a practicing attorney Prosecution Clinics for the past 23 years. His stu- when I graduated.” dents tackle a range of challenging cases. Recently theyP have been dealing with a number of cases involving At one point in his clinical training, Summers recalls being police rights. involved in a civil rights case in which a student had filed a complaint against a professor at a local college.“Another The first thing Simon focuses on with his students is help- student and I had to go over to the school and meet with ing them learn to empower themselves.They must do that, school officials and their lawyer. It was a great opportunity he says, before they can do the same for clients.“Our Law School Clinical Courses The University of Minnesota Law School offers 16 one- and two-semester clinical courses in the following areas of practice:

Civil Litigation Multi-Disciplinary Business Federal Taxation Misdemeanor Prosecution Public Interest Law Misdemeanor Defense Domestic Assault Prosecution Federal Prosecution Criminal Appeals Domestic Violence Consumer Bankruptcy Child Advocacy Housing Immigration Domestic Felony Prosecution Indian Child Welfare

Law Alumni News o SPRING 2004 29 The Human Face of Legal Education

BEVERLY BALOS STEPHEN F. BEFORT RICHARD S. FRASE JEAN M. GERVAL

MAURY S. LANDSMAN KATHRYN J. SEDO STEPHEN M. SIMON CARL M.WARREN

clients don’t choose us, so they have no reason to trust us,” learned has helped them in their careers, or to talk about a Simon says.“As attorneys it’s our job to earn our clients’ case they’re working on.” trust, so we can help them. It may sound like a small thing but introducing yourself to a new client and telling them A 1974 Law School graduate, Befort took clinics when he you want to do a good job representing them makes a big was in school, as well.Though the program has changed a difference. I tell my student,‘they’ll trust you if you have lot since then.“The educational component of the clinics confidence in yourself and you seem like you know what is much more focused and rigorous than it used to be,” he you’re doing.’” says.“I remember I had about ten cases as a student. I was supervised but it was loose.We’ve decreased the number Simon gets frequent calls from former students. Some are of cases and we spend a lot more time working individu- just checking in. Others are calling with questions.“They’ll ally with students.” call up and say,‘I’m working on a case and I’ve got a ques- tion about it. Can you help me?’” he says.“The prosecu- Connecting on a one-to-one level with students is what tor’s office calls, too, asking if I can send some more stu- Befort likes most about working in the clinics. In addition dents over.They think we do a good job and they know to teaching clinical courses, he served as clinic director for we’ve got a really good program here.” 21 years until Maury Landsman took over last August.“I taught in the Civil Practice Clinic and the Public Interest Professor Stephen Befort stays in touch with a lot of his Law Clinic,” he says.“I felt like I really got to know stu- former students, too.“You get close to students you work dents, working as a team if you will, on representing with in a small group settling like the clinics,” he says, clients. I enjoy teaching other kinds of law classes but reaching toward the shelf behind him to retrieve a big there’s more of a teacher/student divide in those. I’d rather stack of holiday cards from former students. be a team. o

Befort opens a couple of cards and smiles as he reads one By Meleah Maynard. Maynard is a freelance writer and a 1991 to himself.“A lot of our students stay in touch after they graduate of the University of Minnesota. graduate,” he says.“They call to tell us how something they

30 Law Alumni News o SPRING 2004 The Human Face of Legal Education

The Law School Clinics were celebrated during an Open House/Reception on Thursday, February 26, 2004. During the reception Professor Maury Landsman, Director of the Clinics and Dean Johnson addressed the crowd of alumni, faculty, students and friends.

Law Alumni News o SPRING 2004 31 being used in today’s courtrooms.The increasing presence of technology, says Simon, is primarily a result of studies that demonstrate how people take in and process information.“Learning psychologists tell us that when people see things they process them differently than if they had only heard them.Visu- als are often better internalized and understood.”

Law schools across the country are outfitting their courtrooms with state- of-the-art equipment, so students can familiarize themselves with the tech- nology before using it on the job. Simon is heading up the Law School’s courtroom technology project, assisted by Gene Danilenko, the Law School’s Education Technology Specialist.

In the past six months, the two men have turned Courtroom 180 into a courtroom of the future by creating an ad hoc system of equipment that mim- ics what more elaborate set-ups do while costing a fraction of the price. The prototype set-up, with a price tag Hi-Tech Justice of just under $10,000, is the first step in a process toward a permanent tech- nology system, which Simon estimates New Technology in Courtroom 180 Gives Law School could cost around $250,000. Students a Taste of the Future At the center of the Law School’s sys- hey say a picture is worth Professor Simon demonstrating some tem is the image camera, which looks a thousand words.“Some- of the new technology. like a sleek, futuristic version of an times it's worth 10,000,” overhead projector.The camera sits on says Professor Steve a media cart between the counsel Simon as he lays a gun on gun to jurors to examine,” explains tables.With the touch of a button, theT image camera’s [or ELMO] display Simon.“You have to tell them what attorneys can display paper documents area and zooms in.Across the room a you want them to know or you have as well as physical evidence like a gun wide screen displays a large close-up of to show them.Visuals are much more or key, projecting the image onto a the gun.And there they are, visible to accurate and powerful.” pull-down screen. By connecting their everyone in the courtroom…the laptops to the system, attorneys can owner’s initials carved in the metal just The image camera is just one of the also project documents and images on above the handle.“You can’t hand a many hi-tech pieces of equipment their computers, as well as PowerPoint

32 Law Alumni News ♦ SPRING 2004 Law School News evidence, onto the screen.They can The journal will feature a dual mast- also make use of a nearby VCR. Announcing a head, one for the faculty editors and another for the student editors. MJLST The judge and witness have small tele- New Journal on will remain an educational opportunity vision sets, allowing them to view evi- for law students and a venue for their dence before it is presented to the Law and Science scholarly publications.The student staff entire courtroom.“The video signal is he University of Minnesota's and board will be chosen competitively transmitted to them in a way that’s Consortium on Law and Values by the students, as has been the prac- very similar to WiFi (wireless net- Tin Health, Environment & the tice of MIPR in the past.A Faculty work),” explains Danilenko.A wireless Life Sciences and Minnesota Intellectual Editorial Board will peer review and sound system allows defendants to put Property Review are pleased to edit faculty-written articles for MJLST. on headphones back at the counsel announce the formation of a new table and overhear whispered bench journal: the Minnesota Journal of Law, MJLST will address issues in intellectu- conferences, while a small portable Science & Technology. al property, technology policy and stereo in the jury box acts as a innovation, bioethics, and law and sci- makeshift white noise machine to keep The Minnesota Journal of Law, Science & ence, while maintaining a rigorous them from overhearing what's being Technology (MJLST) will be a unique grounding in law, values, and policy. said. "Very serious issues are discussed publication, a multidisciplinary peer- The new journal will be available to at the bench and people have a consti- reviewed journal published twice subscribers as a hard-copy print jour- tutional right to hear what’s being dis- annually, edited by faculty from across nal.With a one-year delay, full text for cussed,” explains Simon.“This wireless the University of Minnesota as well as each volume will join past volumes of system makes that possible.” by law students.This journal will build MIPR on-line.The two issues pub- upon the foundation created by the lished per year may include solicited Jury rooms are equipped with wireless Minnesota Intellectual Property Review content from lectures and symposia video cameras and microphones, so (MIPR). Following the publication of sponsored by the Consortium or its students can review jury deliberations vol. 5, no. 2 this spring, MIPR will members, as well as unsolicited submis- to see where they did well or needed become MJLST, which will publish its sions. In addition, the issues will work. first issue in December 2004. MJLST include student Notes and Comments. will expand the focus of MIPR to “This system will help us get the kinks address not only intellectual property Although this new journal will offer a out and show people what we can do,” issues, but also policy, ethical, and soci- venue for publications resulting from says Simon.“Courts are moving in this etal issues at the intersection of law, events sponsored by the Consortium direction and it makes sense for our science, and technology. MJLST will and its members, the journal will retain students to learn how to use this tech- publish articles from all disciplinary its editorial independence.The jour- nology.Those who can do this will areas, not just law. MJLST will remain nal’s faculty and student editors will definitely have an advantage when they a journal based at the Law School decide what to publish and the shape start work in the real world.” ♦ staffed by law students, but will be of each volume. overseen and managed by the Consor- By Meleah Maynard. Maynard is a freelance tium on Law and Values in Health, Our launch of MJLST is made possible writer and a 1991 graduate of the University Environment & the Life Sciences. in part by support from the Office of of Minnesota. the President at the University of Min- nesota. In October 2003, President Robert Bruininks named the Consor- BUSINESS LAW ALUMNI NEEDED tium one of his Presidential Interdisci- The University of Minnesota Law School needs alumni volunteer plinary Initiatives. business, real estate, and employment law attorneys willing to provide no-fee or reduced fee transactional legal services for We are excited to begin work on the Minnesota Journal of Law, Science & start-up and emerging businesses.Attorneys will supervise students Technology. Questions regarding the in the Minnesota Multi-Profession Business Law Clinic. journal should be directed to Professor Many of the Clinic’s business clients are minority-owned for-profit Jim Chen ([email protected]), Fac- entities that do not qualify for pro bono service under Minnesota ulty Editor-in-Chief, and Victor Jonas ([email protected]), Student Editor- Rule of Professional Responsibility 6.1(a).They may qualify as pro in-Chief. Please visit bono underRule 6.1(b). www.mjlst.umn.edu ♦ Interested attorneys can download a volunteer application form at www.kommerstad.org or contact the Clinic offices at 612-524-5779.

Law Alumni News ♦ SPRING 2004 33 Law School News

eral hostility of the current administra- tion towards international law and multilateral mechanisms, generate a duty on the part of human rights advocates to rethink approaches.

The first panel addressed the historical and global implications.The panel pro- vided a recent background to U.S. for- eign policy, addressing the Reagan Doctrine as a justification for U.S. intervention in foreign states to an expansion of that doctrine with the U.S.-led invasion of Iraq in 2003.The panel also discussed one of the main resources that superpowers have, the “soft power” of their ideas and reputa- tions, and that superpowers must take law into account because the failure to be constrained by law will undermine their legitimacy.

Journal of Law & Inequality Symposium The second panel considered the implications for international law.The “Speaking Law to Power:The Legal & Political Implications panel discussed the possible need for of the United States As the World’s Lone Superpower” the international legal system to adjust to accommodate the emergence of transnational actors not based in State n Friday, January 23, 2004, Keynote presenter Marco Sassòli of entities.The panel also addressed the the Journal of Law & the University of Quebec, Montreal pattern of exceptionalism exhibited by Inequality hosted a sympo- addresses the symposium attendees. the U.S. government over the past sium which explored the decade regarding international norms, legalO and political implications of the with a focus on the establishment of United States as the world’s lone superpower, and the impact the United States’“war on terror” has had on human rights here and abroad.The topics of the panels and the names of the speakers are listed at left/right as detailed in the symposium program.

The keynote speaker, Marco Sassòli, currently a professor of international law at University of Geneva, Switzer- land, discussed the current approach of the U.S., since declaring a war against terror without temporal and geograph- ical limits, that it claims to have the rights of a party to an international armed conflict and that those rights override international and domestic human rights and legislation. Guest presenter, Juan Méndez, professor of law and director of the Center for Civil and Human Rights at University of Notre Dame Law School, explored Pictured (left to right, front to back) are professors who spoke at the sympo- the prospects for international human sium: Fred Morrison, Jay Krishnan, Juan Méndez, Dean Alex Johnson, Sally Ken- rights work after September 11, 2001. ney, David Weissbrodt;Tony Winer, Liz Boyle, keynote speaker Marco Sassòli, Professor Méndez addressed the extent Kathryn Sikkink; Law & Inequality Symposium Editor Jonathan Eoloff, and Law & to which the restriction on civil liber- Inequality Editor-In-Chief Aaron Marcus. ties in the United States, and the gen-

34 Law Alumni News ♦ SPRING 2004 Law School News

the International Criminal Court and rights within the U.S. and the world at the U.N. Conference on Small Arms large.The panel addressed India’s Patri- The University of and Light Weapons.The panel ot Act, a measure that enhanced the adjourned with a discussion on the Indian state’s ability to crackdown on Minnesota Law School & absolute prohibition on torture, and possible terrorist threats while poten- the Journal of Law & the possibility that in the case of the tially affecting the civil liberties of peo- Inequality Presented ticking-bomb scenario, public officials ple within the developing world’s may step outside the legal framework largest democracy.The panel also “Speaking Law to Power:The while accepting the legal ramifications examined the USA PATRIOT Act, of their actions. the proposed PATRIOT Act II, and Legal & Political Implications the effects on civil and human rights in of the United States As the The third panel engaged in a discus- the context of immigration. Finally, the World’s Lone Superpower” sion on the impact on human rights panel discussed how the immediate here and abroad.This panel was partic- and profound effects of U.S. immigra- January 23, 2004 ularly pertinent to the mission of Law tion law and policy have affected the University of Minnesota & Inequality as it provided a human lives of recent East African immigrants ♦ Law School face to the impact the United States living in Minnesota. “war on terror” has had on human 9:45: Keynote Address Marco Sassòli, University of Quebec, Montreal

10:45: Panel 1: Historical and Global Implications Kathryn Sikkink, University of Minnesota, Political Science Anthony Winer,William Mitchell College of Law Moderator: Sally Kenny, University of Minnesota, Humphrey Institute

1:00: Panel 2: Implications for International Law Fred Morrison, University of Minnesota Law School Barbara Frey, University of Minnesota, Human Rights Program Oren Gross, University of Minnesota Law School Moderator: David Weissbrodt, University of Minnesota Law School Dr. Susan Hagstrum, wife of University of Minnesota President Robert 2:45: Guest Presenter Bruininks, was the featured speaker at the annual Lex Alumnae Luncheon Juan Méndez, on Friday, December 5, 2003. She discussed President Bruininks’ commit- Notre Dame Law School ment to revitalizing public conversation about children and youth in a presentation entitled “The Verdict Is In: Minnesota Families Need Our Sup- 3:45: Panel 3: Impact on port.” Dr. Hagstrum is pictured here with Dean Johnson. Human Rights Here & Abroad Jay Krishnan,William Mitchell College of Law Michele Garnett McKenzie, Minnesota Advocates for Human Rights Elizabeth Heger Boyle, University of Minnesota, Sociology Moderator: Ruth Okediji, University of Minnesota Law School

Law Alumni News ♦ SPRING 2004 35 Law School News

organized by the University of Min- nesota Law School.

INTELLECTUAL PROPERTY MOOT COURT This year’s intellectual property moot court team (3Ls Jessica H. Kwak and David D.Twitchell) are the 2004 National Runners-Up in the Giles Sutherland Rich Memorial Moot Court competition, after placing sec- ond in the Northeast Regional com- petition in Boston.The team was coached by Rachel C. Hughey and William D. Schultz from the law firm of Merchant & Gould.The competi- tion is organized by the American Moot Court Teams Achieve Best Intellectual Property Law Association. Results in History of Program INTERNATIONAL MOOT COURT he Law School’s 2003–04 National Moot Court team members The international moot court team moot court teams had a Nathaniel Hobbs, Devon Michelson (Mychal Bruggeman, Shinhong stellar year. Collectively they and Todd Sorensen with the Kathryn Byun, Sarah Peterson-Stensrud, achieved some of the best and Bernard Newman Bowl.Team Erin Schulte, and Nooshin Soltani) Tresults in University of Minnesota members are flanked by their advi- advanced to the regional semi-finals of history. sors, Clinical Professor Brad Clary the Philip C. Jessup International Law and Kristin Sankovitz. Moot Court Competition.The team ABA MOOT COURT received the trophy for the second best The school sent two teams (2Ls Laura memorial. One of the team members, Coates and Emerald Gratz, and 3Ls Nooshin Soltani (No. 7) placed among Adam Davis and Kelly Wolford, the top ten best oral advocates.The respectively) to the western regional team was coached by Michael Dolan tournament in the National Appellate from the law firm of Oppenheimer Advocacy Competition. Laura Coates Wolff & Donnelly.The tournament is and Emerald Gratz won the regional sponsored by the International Law championship, and advanced to the Students Association. national finals. Ms. Coates was named the region best oral advocate.The MAYNARD PIRSIG teams were coached by Michael MOOT COURT Vanselow from the Minnesota Attor- Bridget McCauley, (1L) won our ney General’s Office.The tournament own Maynard Pirsig Moot Court hon- is sponsored by the American Bar ABA Moot Court members Laura ors oral argument tournament, with Association. Coates and Emerald Gratz won the Thomas Corbett, (1L) finishing sec- regional championship and advanced ond. Minnesota Supreme Court Chief ENVIRONMENTAL to the national finals. Ms. Coates Justice Kathleen Blatz,Associate Jus- MOOT COURT was named the regional best oral tices Paul Anderson and Russell The environmental moot court team advocate. Anderson, and Minnesota Court of (3Ls Jill Brown, Aleava Hager, and Appeals Chief Judge Edward Toussaint J.D. Schmid) represented the law Van Norman) placed third in the judged the championship. Lizbeth school in the National Environmental William E. McGee National Civil Robinson, (1L) won the Maynard Law Moot Court Competition.The Rights Moot Court Competition. Sara Pirsig Moot Court best brief competi- team was coached by Richard Duncan Van Norman (No. 3) and Leah Janus tion, with Krista Matthews Dean, from the law firm of Faegre & Benson. (No. 10) each placed among the top (1L) finishing second. The tournament is sponsored by Pace 10 best oral advocates overall.The University School of Law. team was coached by Jessica Merz, NATIONAL MOOT COURT from the Tenth Judicial District Public One of this year’s two national moot CIVIL RIGHTS MOOT COURT Defender's Office, and Benjamin But- court teams (3Ls Nathaniel Hobbs, Our civil rights moot court team (3Ls ler, from the State Minnesota Attorney Devon Mickelson, and Todd Leah Bailey, Leah Janus, and Sara General’s Office.The competition is Sorensen) proudly brought home the

36 Law Alumni News ♦ SPRING 2004 University of Minnesota Civil Rights Moot Court members Leah Janus, Sara Van Norman and Leah Bailey celebrate a Third Place finish in the William E. McGee National Civil Rights Moot Court competition.They are flanked by their coaches,Attorney Instructors Jessica Merz on the left and Benjamin Butler on the right.

Petrina Hall of Georgia State University College of Law, the Winner of both the Best Oral Advocate of the Preliminary Rounds and Best Oral Advocate Overall Awards.

Kathryn and Bernard Newman Bowl as the number two team in the nation, after finishing second in their earlier regional tournament. Nathaniel Hobbs received an American College of Trial Lawyers prize for being the second Dean Alex M. Johnson, Jr. and members of the finals panel, Judge Natalie E. Hud- best advocate in the national champi- son of the Minnesota Court of Appeals, Minnesota Supreme Court Commis- onship oral argument.The team had sioner Richard S. Slowes and Hennepin County District Court Judges Heidi S. previously won a regional best peti- tioner brief trophy.The other team Schellhas and Lloyd Zimmerman pose with Eric Widmar, Liana Spendlove and (3Ls Jenny Norenberg, Matthew Julie Sorenson of First Place Brigham Young University Law School on the left Scheidt, and Aaron Scott) advanced and Koinonia Givens-Martin and Christine Jalbert of Second Place Stetson Uni- to the regional quarter-finals. Jenny versity College of Law. From left to right, Eric Widmar, Liana Spendlove, Judge Norenberg won the trophy for the Hudson, Julie Sorenson, Commissioner Slowes, Dean Johnson, Judge Schellhas, region’s best overall oral advocacy.The Koinonia Givens-Martin, Judge Zimmerman and Christine Jalbert. teams were coached by Clinical Profes- sor Brad Clary and by Kristin man & Brand, and by Leslie Watson thirty-one law schools across the Sankovitz from the Briggs and Morgan law firm.The competition is organized nation participated. law firm.The National Moot Court by New York Law School. Competition is co-sponsored by the Competitors considered developments American College of Trial Lawyers and NINETEENTH ANNUAL concerning the rights of gay men and the Association of the Bar of the City WILLIAM E. McGEE NATIONAL lesbians in the wake of the U.S. of New York. CIVIL RIGHTS MOOT COURT Supreme Court’s landmark decision in COMPETITION Lawrence v.Texas, 123 S. Ct. 2472 WAGNER MOOT COURT (2003).The competition case was Held March 4–6, 2004 Our labor law moot court team (3Ls Lofton v.Secretary of Dept. of Children and David Cox, Holly Knight, and he Nineteenth Annual William Family Services, 358 F.3d 804 (11th Cir. Sarah Sjoholm) advanced to the E. McGee National Civil 2004), a decision in which the octo-final round in the Wagner Labor TRights Moot Court Competi- Eleventh Circuit Court of Appeals Law competition in New York.The tion was held March 4, 5 and 6, 2004 upheld the constitutionality of a team was coached by Kai Richter from at the University of Minnesota Law Florida statute that bars adoption the law firm of Maslon Edelman Bor- School.Thirty-nine teams from by homosexuals.

Law Alumni News ♦ SPRING 2004 37 Law School News

Judge Natalie E. Hudson of the Min- nesota Court of Appeals, Minnesota Supreme Court Commissioner Richard S. Slowes and Hennepin County District Court Judges Heidi S. Schellhas and Lloyd Zimmerman presided over the final argument in Lockhart Hall.

Brigham Young University Law School won First Place. Stetson University College of Law came in second.The University of Minnesota Law School won Third Place and Georgia State University College of Law finished fourth.The University of Baltimore McGee Competition Faculty Advisor, Carl Warren, presents the third and School of Law won Best Brief honors. fourth place teams. On the left, members of the Third Place University of Petrina Hall of Georgia State Universi- Minnesota Law School team, Leah Janus, Leah Bailey and Sara Van Norman. ty College of Law won both the Best On the Right, members of the Fourth Place Georgia State University College Oral Advocate Over-All award and of Law, Robert Laney,Victoria Watkins and Petrina Hall, who also won both Best Oral Advocate of the Preliminary the Best Oral Advocate of the Preliminary Rounds and Best Oral Advocate Rounds award with Julie Sorenson of Overall Awards. Brigham Young University Law School receiving an honorable mention with regard to the latter.

Other teams that advanced to the Quarter-Finals included: the University of Baltimore School of Law,Walter F. George School of Law Mercer Univer- sity Team 2,Valparaiso University School of Law and Campbell Universi- ty School of Law Team 2.Other teams that advanced to the Round of Sixteen included: William Mitchell College of Law Team 2,Seton Hall School of Law Team 1,Cornell Law School, Seton Hall School of Law Team 2,Campbell University School of Law Team 1, Tulane Law School,Walter F.George School of Law Mercer University Team 1 and University of Wisconsin Members of the Best Brief Award winning University of Baltimore School of Law School Team 2. Law, Matthew Wolf, Mark Monson and LaDonna Lusher. About 190 members of the bar and bench volunteered to judge briefs, oral arguments or both. Prior to the com- petition, the Civil Rights Moot Court offered the volunteer judges the free Continuing Legal Education program, “Determining What Constitutes a Family:The Constitutionality of Laws that Prohibit Gay Men and Lesbians From Adopting Children.”The pro- gram included a panel discussion about the legal, constitutional, societal and policy-making issues involved in cases Members of the McGee Competition Administration Team,Research Assistant like Lofton.The panel consisted of Pro- Han Pham,Administrative Director Courtney Powell, Faculty Advisor Carl fessor Dale Carpenter of the University Warren and Administrative Directors Meg Kulenkamp and Jennifer Haluptzok. of Minnesota Law School, Professor Not pictured,Administrative Director Kate Jaycox.

38 Law Alumni News ♦ SPRING 2004 Law School News

Spring Break Shadows 2004 CAREER SERVICES ON he CSO launched SPRING BREAK SHADOWS in 2004. THE WEB FOR ALUMNI We thank the alumni and the individual law firms who Toffered their time to host events for 1Ls interested in their As you move in traditional or alternative practices and in their cities.We also thank 2L Joe Kurr who skillfully careers, and from junior lawyer to sea- managed the administrative process that connected dozens of law soned professional and manager, you are students to grads at 22 sites in Buffalo MN, Chicago IL, Duluth MN, welcome to use our facilities and services, Eagan MN, Los Angeles CA, Milwaukee WI, Minneapolis MN, St. and to consult with staff.You will find links Paul MN,Washington DC, and West Palm Beach FL.The Shadow to a number of activities and services on Host Alumni and Employers were: our website at www.law.umn.edu/cso. Register for The Alumni-Student Aimee Egan (Thompson West) Connection Minnesota’s alumni have a Trevor Copeland (Brinks Hofer Gilson & Lione) long history of assisting students and Briggs and Morgan’s Recruiting Office and Committee other grads, and the Alumni-Student Con- Alexis Pheiffer (Quarles & Brady) nection offers you many ways to share your experiences, including speaking to Wendy Leo Moore (JD/PhD) individuals or groups in your office or in Joyce Laher (UMN Disability Center) the Law School, participating in Spring Rep. Paul Kohls (MN State Legislature) Break Shadows, or joining the password- Leonard Street and Deinard’s Recruiting Office and Committee protected e-mail list to connect to those interested in practice in your geographic Sara Bottleson and Larson King’s Recruiting Committee area or in the work that you do. Nora Klaphake (Maslon Edelman Borman & Brand) Emily John (Hanft Fride) Help your employer recruit Minnesota students and alumni. The Kari Wallace (Office of Legal Counsel, Federal Trade Commission) CSO conducts both on and off campus Marcie Cornfield (Legal Counsel Office, Equal Employment interview programs for students, including Opportunity Commission) late-August interview programs in Wash- Maura O’Connor (McKenna Long & Aldridge) ington DC, New York,Los Angeles and Chicago.We welcome public, private, non- Gray Plant Mooty Recruiting Office and Committee profit, and corporate employers, and offer Patterson,Thuente, Skaar & each the opportunity to pre-select their Christensen, P.A.Recruiting Office and Committee candidates.While the CSO staff posts Merchant & Gould Recruiting Office and Committee school-year and summer jobs daily to Karen Becker, Law Clerk to the Hon. Dale Mossey www.eattorney.com, employers may post jobs directly from our website at Scott Baker (Public Defenders Office) www.law.umn.edu/cso. Kari Dahlin, Law Clerk to the Hon. Kenneth Ryskamp Katie Aune (Mayer Brown & Platt) ♦ CareerFiles AlumniCareerFiles, the CSO’s reference source for alumni, con- tains information on a wide range of top- ics designed for alumni job seekers.Alum- niCareerFiles currently includes Alterna- Anthony S.Winer of William Mitchell College of Law, and attorney tive Careers,Alumni Quartiles (for the Suzanne Born, a pioneer in co-parent adoption. Clinical Professor classes of 1995–2004), Bar Exams, Going Carl Warren was the moderator. Professor Jim Chen of the Universi- to Work, International Certification, Inter- ty of Minnesota Law School spoke concerning the standards and viewing, Negotiating With Small Firms, appropriate method of analyzing the constitutional issues in Lofton. References (mitigating a bad one), Resume Then, Phil Duran, Esq. of Out Front Minnesota addressed the issue and Job Search FAQs, Second Career of bias against gays and lesbians in the court system and profession. Lawyers, and “Tired or Fired? Time to Change Jobs?” CareerFiles supercedes The For more information about the McGee competition and additional GreenBook. 2004 highlights including top ten briefs and best oral advocate lists, Salaries and Market Trend Informa- go to: http://www.law.umn.edu/mootcourt/index.htm ♦ tion Call us when you are considering hiring a law student or lawyer, changing jobs or negotiating for a new compensa- tion package.We review all of NALP’s cur- rent salary and market trend information, and we are happy to share this with you.

Law Alumni News ♦ SPRING 2004 39 Law School News

appellate court, which concluded that Elizabeth, the child of a freeman, was free–a law which the Assembly changed in 1662.

Elizabeth’s story sheds a powerful light on the legal and social aspects of slav- ery in 17th century Virginia. Professor Banks used Elizabeth’s story to explore the extent to which black women acted as lay advocates in colonial courts.While recognizing that lawsuits in the 17th century by people of African descent were rare, Professor Banks challenged the general assump- tion among historians that slaves, espe- cially female slaves, were not active liti- gants who secured legal counsel and ultimately exerted influence on the law. Professor Banks also used Eliza- beth’s story to discuss the evolving sta- tus of blacks in Virginia in the decades between 1619, the first recorded arrival The University of Minnesota of Africans in the colony, and the period between 1660 and 1680 when Law Library Distinguished slave laws became formalized.“Implicit in the Mottrom estate inventory,” declared Professor Banks,“is that by Lecturer Series 1655, thirty six years after the first recorded arrival of Africans, blacks or n April 15, 2004,Taunya Associate Dean Joan Howland, negroes were presumptively life Lovell Banks, the Jacob A. Professor Taunya Banks and Dean servants—slaves!” France Professor of Equal- Alex Johnson, Jr. ity Jurisprudence at the OUniversity of Maryland School of Law, delivered the second annual lecture of the University of Minnesota Law “Although there are a few earlier references to black men Library Distinguished Lecturer Series. contesting their servitude, Elizabeth’s lawsuit may be one of the Professor Banks’ lecture,“Dangerous Women: Elizabeth Key’s Freedom Suit earliest recorded freedom suits filed in the American colonies by and other True Stories,” focused on the a woman of African descent. In addition, Elizabeth’s case is one 1655 freedom suit in the colony of of the first recorded freedom suits in the Virginia colony where Virginia by a mixed race woman named Elizabeth Key. a court directly contrasts indenture with slavery. More importantly, in Elizabeth’s case the colonial court is being asked The scenario, uncovered by Professor whether a person of English-African ancestry is a negro, and Banks while conducting research in the archives of Virginia, is as follows: thus presumptively unfree.” Elizabeth Key was born around 1630 to Thomas Key, a white settler, and a –Taunya Lovell Banks black woman servant. She eventually became part of the household of John successfully sued for her freedom in a Professor Banks’ research uncovered an Mottrom, of Northumberland County, county court in Virginia. Her argu- extraordinary woman. Not only did Virginia, who died in 1655. Mottrom’s ment was based on English common Elizabeth display remarkable courage will listed two types of human chattel, law which held that a child inherits in her suit against one of the most “servants and negroes;” Elizabeth and the condition of the father.The case prominent families in Virginia, she later her son were recorded as “negroes.” was appealed to the General Court in married a white man,William Grin- The language of the will made it clear Jamestown, where the decision of the stead–one of the few documented that, unlike the servants, Elizabeth and county court was reversed. Elizabeth marriages in the 17th century between her son were considered permanent petitioned the General Assembly, the a white man and a free woman of chattel—slaves.That year Elizabeth colony’s legislative body and highest African descent.The Grinsteads

40 Law Alumni News ♦ SPRING 2004 Law School News remained a Northumberland County name for several generations. Professor Banks noted as a postscript that a John Grinstead, very likely an heir of Eliza- beth, was a local leader in the effort in the early 19th century to encourage persons of African descent to establish colonies in Africa. It is apparent that Grinstead was either unaware of his African ancestry or chose to hide the fact.“Were it not for Elizabeth’s free- dom suit,” stated Professor Banks,“it is quite likely that John Grinstead would have been a slave.”

In conjunction with Professor Banks’ lecture, the Law Library staged an exhibit from the Arthur C. Pulling Rare Books Collection.The exhibit, entitled “To Fulfill These Rights:”African A Million for Minnesota Americans and Quest for Equality, traces critical developments in the early his- Karen Anderson and Dean Alex John- tory of African Americans.The exhibi- his fall, the University of tion opens with early documents Minnesota Law Library will son, Jr. enjoying hot dogs at the “Bat a which trace the development of laws celebrate the addition of our Million for Minnesota” Law Library related to slavery in England and one-millionth volume to the celebration. Bat a Million for Minneso- Tlibrary’s collection.Achieving this which formed the basis for the law of ta was held April 5, 2004 in honor of the colonies and the United States in milestone places the library in the the Law Library’s millionth volume— its formative period.The legal origins company of only seven other academic and the opening of the Twins season. of slavery in the American colonies are law libraries in the United States. Festivities included live music by documented in session laws and While one million is clearly an impres- Butch Thompson and the Fishtail statutes dating from as early as 1641 in sive number in and of itself, the cele- Stompers. the Arthur C. Pulling Rare Books bration is truly in recognition of what Collection. In addition to early that number represents.We celebrate statutory law, the exhibit features aboli- this milestone in honor of the history, on a regular basis. Our research collec- tionist literature, including early edi- depth, and excellence of our research tion supports the tremendous scholarly tions of the writings of Anthony collection. output of our law faculty, the research Benezet and John Woolman, the two and curricular needs of our law stu- great leaders of the pre-Revolutionary This moment provides the opportunity dents and the wider university com- antislavery crusade.Also featured are for the Law School to acknowledge munity, and the legal research needs of the writings of later abolitionists, such that our Law Library’s collection stands the bench, bar, and citizens of Min- as Jonathan Edwards,Theodore Parker, among the strongest legal research col- nesota.The collection supports research and Theodore Dwight; first editions of lections in the country.This moment in almost all jurisdictions, with special case reports, such as the notable Amis- allows us to reflect upon the many emphasis focused on the law of the tad and Dred Scott decisions; contem- years of careful selection and planning United States, Canada, Great Britain, porary accounts of major fugitive slave that have built our library’s holdings British Commonwealth and former law cases; and a very early printing of into the world-class research collection Commonwealth countries, and Western the Emancipation Proclamation. ♦ that it is today.This moment allows us Europe, including an especially strong to reflect upon how we will continue collection of Swedish materials.The By Katherine Hedin, Curator of Rare Books to build upon the excellence of our library also maintains strong public and and Special Collections. collection and maintain its excellence private international law collections. into the future. Finally, this moment allows us to reflect upon the excep- While reaching our one-millionth vol- tional support of the Law School ume gives us an opportunity to take administration, faculty, students and pride in the quality of our existing col- alumni, which has enabled the library lection, this occasion also provides an to achieve this milestone. opportune time to look forward to the continued development of the collec- As testament to the depth and breadth tion.The library’s collection policies of our rich collection, one need only change over time in response to both consider the diverse needs that it meets scholarly and curricular needs of the

Law Alumni News ♦ SPRING 2004 41 Law School News

The University of Minnesota Law Library’s Millionth Volume:The Papers of Clarence Darrow he University of Minnesota Law Library is very pleased to announce that it has recently negotiated the acquisi- tion of the world’s largest and most comprehensive collection of the papers of the great American jurist Clarence TDarrow.These papers, which will be a significant addition to our outstanding Arthur C. Pulling Rare Books Col- lection, will serve as our official millionth volume.

The heart of the archives is formed by more than 350 letters written by Darrow to his family and friends. Personal and informal in tone, they possess an intimacy attesting to and revealing the essence of Clarence Darrow’s character.These letters provide insight into Clarence Darrow’s thoughts, emotions and reactions during many of the crucial events of his life: the Big Bill Haywood trial in Idaho; the McNamara brothers trial in Los Angeles; the Loeb and Leopold trial; the Sweet case in Detroit; the Massie trial in Hawaii.The richness and diversity of Darrow’s life is reflected in the depth and breadth of this collection which includes letters written to Darrow by W.E.B. DuBois,Woodrow Wilson, Helen Keller, Sinclair Lewis, and Franklin D. Roosevelt.

This extraordinary acquisition will establish the University of Minnesota Law Library as the premier repository of Clarence Darrow materials. More complete information on this acquisition will be included in future issues of the Law Alumni News.

Law School community. In recent volume in 2033. He predicted that due ognized the importance of supporting years, such changes have been reflected to preservation issues and technological the development of a strong library in an increase in materials on compar- developments the Law Library would collection. Over the past decade, for- ative law, international taxation, human never house one million volumes. mer dean E.Thomas Sullivan was par- rights, international trade, commercial ticularly effective in educating the law, computer law, and family law It seems, however, that rumors of the University administration about the issues. Interdisciplinary topics such as printed volume’s demise are greatly importance of sustained funding for women's studies, criminal justice, law exaggerated. For the time being, it is the Law Library’s traditional and elec- and economics, and biotechnology are clear that technology has not slowed tronic collections. In keeping with this also receiving greater emphasis in the the growth of library collections. In tradition of support, Dean Alex John- collection. fact, the Law Library’s collection is son has made funding of the acquisi- growing faster than ever before, at a tions budget one of his top priorities. In addition to changes in jurisdictional rate of over 20,000 volumes per year. His support has been instrumental in and subject emphases, the library must This is due in part to an increase in helping the Law Library reach this focus on the integration of electronic publishing as well as to the growing million-volume milestone.We grateful- resources into the collection.While scope of our collection.While we have ly recognize this administrative sup- some have predicted that technology reduced duplicate subscriptions to cer- port, and acknowledge that the Law will mark the end, or at least substan- tain resources that are now available in School’s historical commitment to the tial slowing, of print acquisition, we are electronic format, issues of access and Law Library has been essential to unlikely to see this take place in the ownership still mandate that we hold building what is one of the nation’s near future. In 1967, a report on the print. Other sources are simply not premier legal research collections. ♦ future of the Law School estimated available online or are not currently as that advancing technology would allow “user friendly” online.Therefore, we By Joan S. Howland, Roger F. Noreen Profes- the Law Library collection size to be will continue to add to our outstanding sor of Law and Associate Dean for Informa- held at 500,000 volumes, a number print collections while also adopting tion and Technology, and Connie Lenz, Associ- that would accommodate less than new technologies where appropriate. ate Director for Collection Development. twenty years growth at the then-cur- rent rate of 10,000 volumes per year. In closing, we must recognize that the The 500,000th volume was added as Law Library could never have reached the Law School celebrated its 100th this million-volume milestone without year in 1988. Speaking on that occa- the strong support of the Law School, sion,Terry Martin, Director of the particularly faculty, students and alum- Harvard Law Library, noted that at the ni.Throughout the history of the Law then-current rate of acquisition, the Library, we have been fortunate to Law Library would add its millionth have Law School deans who have rec-

42 Law Alumni News ♦ SPRING 2004 Law School News

The University of Minnesota Law Library Counts up to the Acquisition of its Millionth Volume!

n October 22, 2004, the University of Minnesota Law Library will celebrate the acquisition Oof its millionth volume. Legal scholars from the University of Minnesota, the University of California, Berkeley, the University of Virginia,Harvard, Duke and Yale will gather at the Law School to present papers at a symposium entitled Law, Information and Freedom of Expression. Following the symposium, President Robert H. Bruininks and Dean Alex M. Johnson, Jr. will unveil the one millionth volume.

In anticipation of this important occasion, the Law Library hosted several festivities spring semester for students and faculty.

Love the Library Ice Cream Social February 11, 2004

Professor Gregg Polsky, Dean Reich Paulsen and Professor April Schwartz.

Professor John Matheson and Dean Alex Johnson take a break from teaching and administrative duties to serve ice cream to students in the Law Library lobby.

Students enjoying the Ice Cream Social.

Law Alumni News ♦ SPRING 2004 43 Law School News Tax Clinic Awarded Grant or the sixth year in a row, the University of Minnesota Law FSchool, Ronald M. Mankoff Tax Clinic has been awarded a Low Income Taxpayer Clinics Grant.This year the Clinic was awarded $85,000, the maximum amount awarded to any clinic.The Press Release is as follows:

WASHINGTON—The National Tax- payer Advocate, Nina Olson, announced that the Internal Revenue Service has awarded $7.5 million in matching grants to Low Income Tax- payer Clinics (LITCs).This amount New Look for will fund 135 clinics in 2004. LITCs are qualifying organizations that repre- Law School Website sent low income taxpayers involved in tax disputes with the IRS or that he Law School’s website has Home page of the new Law School inform taxpayers for whom English is been given a fresh new look website.Visit www.law.umn.edu. a second language or who have limited Tand easy to use navigation. Our English proficiency of their tax rights goal, when developing the new site, Behind the scenes, we have instituted and responsibilities. was to provide an elegant, easy to use processes to make content fresher by website for all of our constituents: empowering people within the Law The IRS matching grant program, prospective students, alumni, current School to maintain their information. which is in its sixth year, encourages students, faculty & staff. In keeping We have deployed a sophisticated con- the creation and growth of Low with the University of Minnesota new tent management system and are con- Income Taxpayer Clinics across the website initiative, the Law School web- tinually updating it to serve the Law nation.These clinics provide an impor- site has standardized its look and navi- School well. Given all of the positive tant resource to taxpayers who may gation. Some of the more interesting feedback from our readers, we feel that not be able to afford a tax professional. new features include an extensive all we have achieved our goal and are Law School calendar, more informative continually looking to improve upon Under the program, the IRS awards prospective students’ area and a faculty the site.Visit the site at matching grants of up to $100,000 a in the news section.We currently have www.law.umn.edu.Your feedback is year to organizations operating inde- in the works an online Alumni Direc- welcome and can be sent by clicking pendent tax clinics.This year, LITC tory, where alumni will be able to look on the link at the bottom of the grant recipients represent non-profit up classmates and colleagues and Webpage or email directly to organizations and accredited academic update their alumni file. [email protected]. ♦ institutions from 49 states plus the Dis- trict of Columbia and Puerto Rico. Grant amounts range from $6,448 to $85,000.

Low Income Taxpayer Clinics provide a source of assistance to low income taxpayers when they have disputes with the IRS or are trying to comply with tax laws. ♦

Dean Alex Johnson was invited to visit with Governor Tim Pawlenty on November 26, 2003 at the Minnesota State Capitol.

44 Law Alumni News ♦ SPRING 2004 Law School News

11 Professor Robert FACULTY SCHOLARSHIP PRESENTATION Howse, University of The Law School hosts a weekly luncheon presentation by members of the Law Michigan Law School School faculty, faculty from other departments of the University, visitors from How to Begin to Think other universities, and practitioners. Listed below are the 2003–04 presentations: About the “Democratic Deficit” at the WTO August 2003 16 Professor Adam 22 Professor Daniel Samaha,Visiting Associate Gifford, University of 18 Spring Vacation—No 28 Supreme Court Review Professor, University of Minnesota Law School Presentation September 2003 Minnesota Law School How do the Social Benefits and 25 Professor Stephen F. Litigant Sensitivity In First Costs of the Patent System Smith, University of Virginia 4 Supreme Court Review Amendment Law Stack Up in Pharmaceuticals Law School 11 Professor Margo 23 Professor Fionnuala 29 Professor Jamie The Guilt-Blame Divide in Bagley, Emory University Ni Aolain, University of Grodsky, University of Federal Criminal Law School of Law Ulster, School of Law & Minnesota Law School 29 Professor Dan L. Patent First,Ask Questions Later: Visiting Associate Professor, Genetics and Environmental Burk, University of Morality and Biotechnology in University of Minnesota Law: Redefining Public Health Minnesota Law School Patent Law Law School DNA Rules: Conceptual 18 Professor Barry Feld, Balancing Human Rights: February 2004 Implications of Biological “Lock- University of Minnesota International Legal Responses to 5 Professor Shayna Out” Systems Law School Terrorism in the Wake of Sigman, University of “Other than the fact of a prior September 11th Minnesota Law School April 2004 conviction”:Apprendi, Sentence 27 Professor Rebecca The Jurisprudence of Judge 1 Professor E.Thomas Enhancements Based on Tsosie,Arizona State Kenesaw Mountain Landis Sullivan, University of Delinquency Adjudications, and University College of Law 12 Professor Robin Minnesota Law School the Quality of Justice in Reparative Justice or The Supreme Court and Juvenile Courts Stryker, Department of Extinguishment of Liability? Sociology, University of Private Law:A Thirty-Year 25 Professor Leti Volpp, Retrospective of Economic Regu- 30 Professor George Minnesota American University, lation in Securities and Antitrust Sheets, University of The Strength of a Weak Agency: Washington College of Law Minnesota, Classics Enforcement of Title VII of the 8 Professor Eugene Dependent Citizens and Department 1964 Civil Rights Act and the Borgida, Department of Marital Expatriates Making Sense of Death Expansion of State Capacity, Psychology, University of 29 Professor Clarisa in the Law 1965–1971 Minnesota Long, University of Virginia 19 Professor William Social Framework Analysis and School of Law November 2003 Scheuerman, Department Employment Discrimination Information Costs and 6 Professor Michael of Political Science, 15 Professor David Intellectual Property Bazyler,Whittier Law University of Minnesota Wippman, Cornell School American Kingship? University Law School October 2003 Holocaust Justice:The Battle for Monarchical Origins of Exaggerating the ICC 2 Professor Ford Runge, Restitution in America’s Courts Modern Presidentialism (International Criminal Court University of Minnesota, 13 Nicholas Allard, 26 Professor Kathryn 19 Professor Brian Department of Applied Partner at Latham & Abrams, University of Cali- Tamanaha, St. John’s Economics Watkins,Washington, DC fornia at Berkeley, Law University Law School Ending Hunger in Our Lifetime: Who Needs Anonymity? School—Boalt Hall Revitalizing Legal Positivism Food Security and Globalization Sexual Harassment and the Politics of Shame 22 Professor David Cole, 9 Professor William January 2004 Georgetown University Sage, Columbia University 15 Professor Paul March 2004 Judging the Next Emergency: School of Law,Visiting Robinson, University of Judicial Review on Matters of Scholar with the Pennsylvania Law School 4 Professor Richard National Security Consortium on Law and Does Criminal Law Deter? Frase, University of Min- Values in Health, Environ- A Behavioral Science nesota Law School ment, & the Life Science Investigation Eighth Amendment Sentencing Managed Care’s Crimea: Med- Disproportionality—Excessive ical Necessity,Therapeutic Bene- Relative to What? fit, and the Goals of Administra- tive Process in Health Insurance

Law Alumni News ♦ SPRING 2004 45 (3L).Anthony Sanders (3L) led a team of six talented writers. Band Director Peter Rasmussen (2L) and Vocal Direc- tor Matthew Helland (2L) put together the musical backbone: a ten-piece band (again, all law students).The cast and crew put in over sixty hours dur- ing the final six weeks of production.

Continuing the tradition, several facul- ty members appeared in the show including Dean Alex Johnson and Pro- fessors Donald Marshall, Maury Lands- man, Jim Chen, Dale Carpenter, Guy Charles, and Carol Chomsky as well as a show-stopping turn by Career Ser- vices Director Susan Gainen as the notorious mobster Job-of-the-Hunt.

Also making guest cameos were several of the law school’s distinguished alum- ni, including Minnesota Attorney Gen- Students Perform Second Annual eral Mike Hatch (’73), former Vice President Walter Mondale (’56), Hen- Law School Musical nepin County Chief District Judge Kevin Burke (’75) and U.S. District Audience Shocked and Awed Court Judge James Rosenbaum (’69). fter ten months of writ- Students performing this year’s This years musical was a smash hit, sell- ing, planning and rehears- musical,“Law Wars, Episode IV: ing well over a thousand tickets to stu- ing, the Theatre of the Parody is Not Infringement.” dents, faculty, alumni and their friends Relatively Talentless and family.The musical received cover- (TORT) delighted audi- the power of the “Fritz” along with age in Minnesota Lawyer, the Minnesota encesA with the second annual Law Leia Lawrence, Para-League-Pee-Oh, Daily, and on local television.The School musical,“Law Wars, Episode IV: and Dell-2-D-2, in order to save the show was filmed professionally and a Parody is Not Infringement.” Consist- Clinical Alliance from the wrath of the DVD is available for purchase.TORT ing exclusively of University of Min- evil Dean Vader and the Imperial can be contacted at mndancinlawyers nesota Law School students,TORT’s Gopher University. Parodying songs @hotmail.com. ♦ latest work splashed onto the stage of from Frank Sinatra to OutKast, the the newly renovated Coffman Memor- cast and crew of over fifty kept the By Bobak Ha’Eri, 2003–04 Law Council ial Union Theater.After last years suc- audience laughing during the full- President. cessful “Wizard of Fritz,” this year’s length production. production was a notable step up in size and scope. Produced by Bekah Kent (2L) and Elizabeth Kniffen (2L), the musical was In “Law Wars,” the audience joined directed by Sarah Ruter (2L) with Loot Shepardizer as he searched for technical direction by Aleava Sayre

46 Law Alumni News ♦ SPRING 2004 Student Highlights

44 Graduating Law Students Honored

Christina Adams David Ahlvers David Asp Philip Bednar Vitori Burk Davi Cullen Rochelle Cundy Katherine Deibert David Gapen Shannon Garrett Kate Glover Law Students Honored Brian Gudmundson Lauren Hancock for Public Service Alex Hildebrand Dawn Holicky n March 10th, over forty Dean Johnson with some of the 44 Dennis Ingols graduating University of University of Minnesota Law School Minnesota law students graduating students honored at the Marlee Jansen were honored at the Law March 10th LSPSP Recognition event. Kate Jaycox OSchool Public Service Program Holly Knight volunteer opportunities, recruiting par- Recognition Event held in the Uni- Kristine Kroenke versity of Minnesota Law School ticipants, tracking the number of vol- Atrium.The event honored graduating unteer hours, and helping to recognize David Laidig students from all four Minnesota law students for their efforts. Albert Li schools who have completed 50 or Meredith Lins LSPSP was launched as a statewide more hours of volunteer legal service Nikki Lockhart in their time at law school. Minnesota program in 1999 to encourage an ethos Annsara Lovejoy Supreme Court Justice Paul Anderson of public service among law students made remarks to the crowd, lauding through a public service volunteer pro- Allan Lundsgaarde their accomplishments and encourag- gram and the integration of poverty Eva Mannoia law issues in the overall law school cur- ing them in their work as they move Alison McElroy forward in their legal careers. riculum. Modeled after the Minnesota Rule of Professional Conduct 6.1, the Gina Nelson Stuart Nelson Dean Johnson, who was in attendance, emphasis is on direct service to low- remarked “I am proud of these stu- income people, but the program also Jennifer Olson dents—their commitment to public recognizes service to civil rights, Jon Olson service is crucial as they move forward domestic violence, environmental and other organizations as falling under a John Schmid in their careers, and is certainly a Sarah Sjoholm credit to the University of Minnesota broad definition of public service. and the strength of our public interest Jinnhua Su programs.” The event was co-sponsored by the Joshua Tepfer Minnesota Justice Foundation, the Adam van Alstyne University of Minnesota Law School, The University of Minnesota, along Eric Vercauteren with the other Minnesota law schools, Hamline University School of Law, Jeremiah Wagner encourages its students to perform 50 the University of St.Thomas School hours of law-related public service dur- of Law,William Mitchell College of Jonas Walker ing their time in law school.They do Law, and the Minnesota State Bar Laura Weekly Association. o the work through the Law School Paul Yau Public Service Program (LSPSP).The Peter Yoon Minnesota Justice Foundation (MJF) acts as the central administrative agency David Zucco at each school, developing law student

Law Alumni News o SPRING 2004 47 Student Highlights

Apparently, Hager knows how to argue. The Portland native is slated to gradu- ate summa cum laude this spring.“I’ve enjoyed it a great deal. My academic experience has been wonderful here,” reflects Hager.“I’ve had a good mix of Student Snapshots practical and theoretical courses.” Hager has a personal interest in disabil- Dennis S. Puzz Jr. Law Practice Group.“We take on fed- ity law issues.When he was 12 years eral Indian law issues, we represent old, his right leg was amputated when CLASS OF 2004 tribal governments in concerns that he was battling bone cancer. He used ennis Puzz taught high school they might have,” says Puzz of the firm. to wear a prosthetic limb, but he found in Stoughton,Wisconsin, for it to be a burden,“It did slow me Dfour years before enrolling in Puzz is grateful for his experience at down,” says Hager, who today walks law school.“I dealt a lot with diversity the Law School.“It’s been a very chal- with crutches. Last year, Hager had a issues in my teaching career,” says lenging but rewarding experience. I’ve Student Note on the Americans with Puzz, who saw the law as an opportu- been excited about the opportunities Disabilities Act (ADA) published in the

DENNIS S. PUZZ JR. JARED D. HAGER LAURA G. COATES

Minnesota Law Review, where he has nity to make a difference.“I think I that I’ve had while I’ve been at the also served as an Articles Editor. was making a change [as a teacher], University.We have a great Indian Law “There’s been some tightening of the but not at the level that I wanted to program here, which is a large part of meaning of ‘disabled’,” says Hager. Of make it. Instead of at a personal level, why I came here,” says Puzz.While at the U.S. Supreme Court rulings on the I wanted to do it more at a structural the University, Puzz has served as a ADA, Hager notes,“They’ve been level.” research assistant for Professor Kevin pretty mixed.” Now, he’s working on Washburn, clerked with the Upper another article that he eventually hopes Puzz has served as the President of the Sioux Community Tribal Court for to see published.“I’m currently American Indian Law Student Associa- the Honorable Judge Lenor Scheffler, writing an article that I hope to pub- tion at the University for the last two and served on both the admissions and lish on terrorism, public upheaval, and years. Puzz is an enrolled member of faculty recruitment committees. democracy throughout the world,” the Yurok Nation, but notes that he Reflects Puzz,“The great thing about says Hager. also has German and Yugoslavian law school here is that there’s many ancestry.“I've been very proud of what ways to stand out.” After graduation, Hager is slated to do we’ve been able to accomplish here as a clerkship with the U.S. Court of a student group,” reflects Puzz. He Appeals for the Ninth Circuit in Seat- points out that the group has held tle with Judge Ronald M. Gould.After monthly events and gone from being Jared D. Hager that, he’s destined to land at the Los one of the lowest-funded student CLASS OF 2004 Angeles office of Kirkland & Ellis, in groups to being the group to receive ared Hager is candid about what 2005, where he will do bankruptcy the most Law Council funds for the lead him to law school.“I was a and litigation work. Someday, Hager past school year. Jdebater in college, so I kind of says that he would love to return to always thought of law as the pro cir- the classroom, albeit on the other side After graduation, Puzz will be working cuit for debaters,” says Hager.“I figured of the desk. Concludes Hager,“That’s for the Minneapolis-based Best & law school was the place for me. I kind of my ambition: to write and Flanagan, in the firm’s Native American always liked arguing.” think and teach.”

48 Law Alumni News ♦ SPRING 2004 Student Highlights

Laura G. Coates CLASS OF 2005 aura Coates isn’t shy about admitting that she has political Laspirations.As an undergraduate at Princeton, she earned a B.A. from the Woodrow Wilson School of Public and International Affairs. From there, law school seemed like a natural choice.“I had an interest in the law, I had an interest in public policy and in politics and law school seemed to be the right fit for that,” explains Coates. “One of my long-term aspirations is to be an appellate judge. Or be a Senator. Or a member of Congress.” But first, Coates knows, there’s a lot of hard work to be done.

So far, Coates says, she’s thrilled with her Law School experience. Galen Lemei (2L) won the Second Annual National Native American Law Student Association Writing Competition in 2003. He presented his first “It’s been wonderful,” says Coates.“It prize paper at the University of Michigan Law School’s Annual American was much more than I thought it was Indian Law Day on March 21, 2003 in Ann Arbor, and the paper was going to be. I’m just really intrigued by published in the Michigan Journal of Race and Law. His prize was a PMBR bar the range of the professors, in terms of preparation course and a monetary award.The award was presented to their different styles. I’ve had a great Mr. Lemei by Dean Alex Johnson and Professor Kevin Washburn. experience, and I’m so glad that I chose law school over a Ph.D. program.”

In January, Coates began serving an externship—an internship where you earn school credits—with Judge Michael J. Davis, Class of 1972, of the U.S. District Court in St. Paul.“I’m seeing what it takes to be successful in the federal courts,” says Coates.“It’s a great experience for me so far.”

This summer, Coates will serve as a summer associate at Faegre & Benson, in Minneapolis. Coates also plans to be active in get-out-the-vote drives this election year.After she graduates, she hopes to get some more experience in the federal courts. Coates has an inter- est in Constitutional and civil rights litigation.“I hope to get a clerkship in the federal courts,” says Coates.“My The Federal Bar Association, Minnesota Chapter, presented the Judge ultimate goal is to be in Minnesota, Edward J. Devitt Award to Erin A. Oglesbay (3L) on April 14, 2004 for practicing here. I’d like to have an excellence in the study of federal law and practice at the University of appellate practice if I could.” ♦ Minnesota Law School.The award was presented byJudge Ann D. Mont- gomery, United States District Judge, on behalf of the FBA. Dean Alex M. By Burl Gilyard. Gilyard is a Minneapolis-based Johnson, Jr. welcomed everyone to the reception in Oglesbay’s honor, freelance writer and a 1992 graduate of the attended by FBA officers and directors, law school deans and faculty, and University of Minnesota. the recipient’s friends and family. Oglesbay received an engraved plaque and a check in the amount of $1,000.00. (Pictured are Dean Alex Johnson, Erin Oglesbay and Judge Ann Montgomery)

Law Alumni News ♦ SPRING 2004 49 Student Highlights

The Race for Justice 5K Fun Run/Walk The Race for Justice 5K Fun Run/Walk sponsored by the University of Minnesota Law School and the Public Interest Law Students Association held April 18, 2004 at the Nicollet Island Pavilion was a great success.The windy, gray morning gave way to sunny skies beneath which more than 300 people ran or walked the scenic course around Nicollet Island, across the Mississippi River, into downtown Minneapolis and back.

Finishers of note: Jay Nelson, 34, Minneapolis, placed first; Peter Scott, 22, Minneapolis, placed third (first law student to finish—1L); Professor David McGowan placed 25th (first faculty member to finish); Dean Johnson placed 38th.

In its second year, the Race for Justice 5K Fun Run/Walk raised more than $7000—all of which goes to the Loan Repayment Assistance Program for University of Minnesota Law graduates who pursue public interest law.

50 Law Alumni News ♦ SPRING 2004 TOP FINISHERS Jay Nelson, 34, Minneapolis, MN 17:15 Jeffrey Sealey, 24, Minneapolis, MN 20:51 Kirt Goetzke, 43, Plymouth, MN 17:25 J D. Schmid, 27, Minneapolis, MN 20:54 Peter Scott, 22, Minneapolis, MN 18:15 Adrian Eggen, 30, Minneapolis, MN 20:57 Christine Eid, 23, Milwaukee,WI 18:20 Sonya Eggen, 32, Minneapolis, MN 20:58 Deb Gormley, 37, St. Paul, MN 18:35 David McGowan, 40, St. Paul, MN 20:58 Trevor Hartman, 34, Medina, MN 18:49 Jeff Swartz, 38, Plymouth, MN 20:59 Erik Bunce, 29, St. Paul, MN 18:52 Tom Swanson,36, St. Paul, MN 21:00 Luke Schlegel, 24, Minneapolis, MN 19:25 Michael Reif, 24, Minneapolis, MN 21:01 Ryan Strom, 28, St. Paul, MN 19:33 Big Cat (Doug) Strom, 48,Afton, MN 21:04 Christopher Hoff, 24, Minneapolis, MN 19:50 Darren Hepper, 27, Minnetonka, MN 21:06 Daniel Lund, 24, Roseville, MN 19:57 Paul Urbanski, 43, Minneapolis, MN 21:12 Ian Nemerov, 38, Edina, MN 20:08 Jin Jigang, 29, Minneapolis, MN 21:29 Joe Kurr, 30, Minneapolis, MN 20:10 Matthew Huggins, 33, Minneapolis, MN 21:30 Firooz Basri, 25, Minneapolis, MN 20:10 Andrew Pierce, 25, Minneapolis, MN 21:32 Larry McDonough, 48, St. Paul, MN 20:14 Ryan Shannon, 28, Eden Prairie, MN 21:37 Luke Garrett, 24, Minneapolis, MN 20:22 Brendan O'Rourke, 25, Minneapolis, MN 21:42 Brandon Finke, 24, Minneapolis, MN 20:28 Laura Swartz, St. Louis Park, MN 21:52 Sam Walling, 25, St. Paul, MN 20:37 Shane Simonds, 26, Minneapolis, MN 21:56 Dan Swartz, St. Louis Park, MN 20:41 Alex Johnson, Plymouth, MN 22:00 Ryan Saline, 29, Maple Grove, MN 20:45 Jonathan Drewes, 22, Minneapolis, MN 22:02 Michael Casper, 34, Salem, OR 20:46 Adam Svel, 24, Minneapolis, MN 22:19 Gaio Lakin, 31, Minneapolis, MN 20:47 Charles Russell, 56, Eau Claire,WI 22:23 Ron Howard, 33, Minneapolis, MN 20:51

Law Alumni News ♦ SPRING 2004 51 ber of the Site Council for the Gaylord Building of the National Trust for His- Distinguished Alumni toric Preservation. Magill serves on the advisory board for the Cabrini Green “I couldn’t do what I do without Legal Aid Clinic. Magill is married R. Hugh Magill being a lawyer.While I’m not lawyer- with three children and active in his church. He is a member of the Christ- CLASS OF 1985 ing, I’m putting my legal skills to work every day,” says Magill.“I have said ian Legal Society and a Scoutmaster Hugh Magill, Class of before to groups I have talked to from with the Boy Scouts of America. 1985, no longer spends his the ‘U’ that this is probably a lesser days practicing law, but known area of professional employ- Rfinds his legal training ment for lawyers. Our company proba- Larry Friedman indispensable in his position as Senior bly employs a couple hundred lawyers CLASS OF 1977 Vice President for The Northern Trust in many, many capacities.A lot of Company in Chicago. Magill serves as lawyers work in the trust business.” arry Friedman wasn’t cut out Department Head for Northern Trust’s to work for other people.After Personal Fiduciary Client Services. Magill first worked in the trust indus- graduation, he worked short Magill worked in private practice for try after getting his undergraduate stints for firms in Minneapolis Land Dallas before founding his own four years after graduation before join- degree from St. Olaf College in ing Northern Trust in 1989. Northfield, Minnesota.“I think it’s a practice in Dallas in 1979.“I started multidisciplinary field. My interest in this firm originally 25 years ago,” says estate and tax planning, in investment Friedman of his firm, now known as and asset management, in trust law— Friedman & Feiger, LLP.“I had a call- those interests are ones that are always ing, a yearning to do it on my own. at play in this business. It’s very fulfill- I’ve always had the ability to bring in ing,” says Magill. His venerable firm my own business. I wanted to interact traces its history to 1889.“It’s an insti- with clients directly and I had my own tution with a lot of history in serving sense that I wanted to deal directly wealthy families,” says Magill. with the client. I didn’t want layers between me and the clients.” Magill regularly lectures on trust and estate issues, tax planning, and fiduciary Friedman’s firm focuses on business risk management for the Illinois Insti- and corporate law; his own expertise is tute for Continuing Legal Education, commercial litigation. For Friedman, a Chicago-area Bar Associations, and native of New York,the choice of Dal- Northern Trust. Magill also serves as a las proved fortuitous.“I met my wife faculty member for the American and she was from Dallas and at the Banker’s Association National Trust time Dallas was one of the hottest busi- School. In service to his alma mater, ness spots, one of the fastest growing Magill serves on the Alumni Board at business communities in the United the Law School. States, so it was natural to come here to start a practice,” recalls Friedman.“I’ve Magill also serves on numerous boards had a chance to do it all. I’ve had an R.HUGH MAGILL in the Chicago area including the Cre- opportunity in Dallas to develop a ator Arts Center, a church-based music more sophisticated practice more school.Additionally, Magill is a mem- quickly than I could have done any-

52 Law Alumni News o SPRING 2004 Alumni Commons

one of my children will go the Uni- spent more than 30 years in Congress. versity of Minnesota Law School. I got From 1980–1983, Ruud served as a a great education at the University of Texas Assistant Attorney General in the Minnesota Law School.The law firm department’s energy division. has a great reputation and I attribute that and owe it to the University of Looking back, Ruud has no regrets.“I Minnesota Law School.” guess I’m very mellow. I think I’ve been very fortunate. I’ve had a wonder- ful life,” says Ruud reflectively.When Barbara Ruud her husband died in 1997, Ruud helped establish a scholarship fund in CLASS OF 1944 arbara Ruud took a phone call recently from a caller who explained that the Law Alumni News wanted to fea- Bture her as a Distinguished Alum. Ruud let out a self-deprecating chuck- le.“Well, that’s a stretch,” she hoots.“It would be a real stretch to call me dis- LARRY FRIEDMAN tinguished.”

In Ruud’s day, women were still some- thing of a rarity at the Law School. where else in the country. I’ve gotten “There were three [women] in our more trial experience quicker. I’ve been class of about 100 and all of them very fortunate to handle some very graduated,” recalls Ruud.“It was such a interesting, complex, and high profile traumatic time because the war broke cases.The great thing about Dallas is it out in the midst of it all.All of a sud- has every kind of commerce and every den the boys were marching off to kind of commercial litigation.” war.” Her husband was among them. “He was distinguished,” says Ruud of BARBARA RUUD Friedman once argued a case before her late husband and Law School class- the U.S. Supreme Court. In 1998, he mate, Millard H. Ruud, Class of 1947. won a $100 million verdict for a client in a legal malpractice case after a Over the years, Ruud didn’t have his name during the 1999–2000 aca- seven-week trial.An article published much chance to practice law. She took demic year. Ruud concludes,“He made in Texas Lawyer magazine in 2000 and passed the bar exam in both a career out of education and we both characterized Friedman as “feisty.” Kansas and Texas,but raising a family felt tremendous gratitude to the Uni- Friedman accepts the label:“I think took precedence over jurisprudence. versity of Minnesota for giving us such you need to be feisty. I think you need Millard Ruud taught law at the Uni- a good education.” to zealous and you need to be focused versity of Texas Law School in Austin, on your clients goals.” Texas,from 1948 to 1973 and later served two terms as the Executive Ivy S. Friedman has been very active in the Director of the Washington, D.C.- Dallas Jewish community and was based Association of American Law Bernhardson instrumental in getting a Dallas ele- Schools from 1973–1980 and mentary school named for Anne 1983–1987. CLASS OF 1978 Frank. He has served on numerous vy Bernhardson has spent the boards, including the Craneofacial As her children grew older, Ruud held bulk of her career as a corporate Foundation for Children’s Deformities. a series of political jobs. She did lawyer. She worked at food giant He is also the co-author of The Crime research for the Texas State Senate. General Mills Inc. for 22 years I(1978–2000), ultimately holding the Victim’s Handbook of Dallas. “The Texas Legislature, as Molly Ivins can tell you, is something else again,” title of Vice President,Associate Gener- Today, there are 15 lawyers in Fried- chuckles Ruud. She worked on legisla- al Counsel and Corporate Secretary. man’s firm. His wife, Janelle, serves as tion for the staff of Texas Governor She had clerked with the company the administrator for the firm, where Dolph Briscoe in the early 1970s. while still attending the University and Friedman serves as managing partner. When her husband took a job in was offered a job upon graduation. “We’ve made that work for us, we’ve Washington, D.C., she worked as a leg- Bernhardson focused on mergers, also raised six kids together,” says islative assistant for U.S. Representative acquisitions, and corporate finance Friedman.“I’m hoping one day that J.J. Pickle, a Texas political legend who work. She also served as General

Law Alumni News o SPRING 2004 53 Alumni Commons

Counsel for the company’s Yoplait a Director on the board of trustees for Kraus-Anderson Realty Company brand of yogurt. The Bush Foundation, one of the from 1983–1987. He launched his own largest grantmaking entities in the state practice in 1987, working as a solo “I really liked the transactional work,” of Minnesota. In the past, she has practitioner focusing on real estate and recalls Bernhardson.“General Mills had served as a director for Fairview construction law. always done its own transactions in- Health Services (1996–2002) and as a house, so the lawyer generally lead the trustee at her undergraduate alma team of internal people. General Mills’, mater, Gustavus Adolphus College, in the ’60s and ’70s, had become a where she served as chair from 1995 to diversified consumer products compa- 1998. ny.A lot of my time was spent selling off those nonfood businesses.” The internationally renowned Hazelden is among the private non- In 2000, Bernhardson joined the Min- profit leaders in the treatment of alco- neapolis firm of Leonard, Street and hol and drug addiction.“We are very Deinard, where she continued to do committed to the privacy and confi- business-related work.“I was in the dentiality of our patients and we have corporate department, trying to build a lots of laws to follow there.We have a book of business.After Sarbanes-Oxley publishing business, we have a graduate was passed, I focused my work around school, we have the normal litigation corporate governance,” says Bernhard- that any organization runs into. It’s son. She worked with smaller regional kind of a diverse array of issues. public companies, but also continued They’ve never had a lawyer in house,” to do some work for General Mills. says Bernhardson of the newly created position that she fills.“Every day’s a In January, Bernhardson began a new new adventure.” BRADLEY C. THORSEN job with another Minnesota institu- tion: the venerable Hazelden Founda- tion of Center City. Bernhardson was Bradley C. named General Counsel for Hazelden. Thorsen served as a Director of the She’s relishing the transition from the Thorsen Hennepin County Bar Foundation corporate arena to the nonprofit from 1993–2003, and as President of CLASS OF 1974 the Hennepin County Bar Association wo years ago Brad Thorsen, during 1997–1998. He also served as a received the Hennepin Director for the Minnesota State Bar County Bar Association Pro Foundation from 1993–1999.Thorsen Bono Distinguished Service has served as a gymnastics coach for TAward. But by no means did that mean the Special Olympics since 1992 and that Thorsen was through with com- on the board for the Patrick Henry munity service. In June, 2003, he High School Foundation in Min- became Executive Director of the neapolis since 2000. Minneapolis-based Volunteer Lawyers Network.After 29 years in private Thorsen says that opportunity to serve practice,Thorsen is enjoying the as Executive Director for the Volunteer change of pace.“We match low- Lawyers Network felt right.“I thought income individuals with lawyers who it would be a great way to combine are willing to donate their time,” says interests and maybe finish out my Thorsen.“I love it.” career that way. My kids are grown. I still do volunteering as an attorney and Thorsen is no stranger to the organiza- maintain my license,” reflects Thorsen. IVY S. BERNHARDSON tion, the pro bono arm of the Hennepin “I have an opportunity to discuss lots County Bar Association.“I’d been of different areas of law. I still have my practicing for 29 years. I’d been a vol- fingers in it to a certain extent. It’s not world.“I have always had a commit- unteer with the organization itself for like I’m doing all administrative type ment to community service and as an all of those 29 years,” says Thorsen.“I work. I love this job, it’s a very reward- officer at General Mills, we were was very involved with Bar Association ing job: I enjoy it a lot.” o encouraged to be active in the com- activities.” munity,” says Bernhardson. By Burl Gilyard. Gilyard is a Minneapolis-based Out of law school,Thorsen worked for freelance writer and a 1992 graduate of the University of Minnesota. Over the years, Bernhardson has held a small Minneapolis law firm and then numerous civic posts. She still serves as served as General Counsel for the

54 Law Alumni News o SPRING 2004 Alumni Commons

MICHAEL W.WRIGHT, retired chair- man and CEO of Supervalu, Inc., has joined the Board of Directors of KhiMetrics, Inc., the global leader in Class Notes retail revenue management. 1966 KENT GERNANDER was named Chair 1953 of the Lawyers Professional Responsibil- JOHN D. GOULD, one of Minnesota’s ity Board as of February 1, 2004. Mr. pioneers in the practice of patent law and Gernander is a partner at Streeter & Murphy in Winona, Minnesota. litigation, has marked his 50th anniversary with the Merchant & Gould law firm. Congratulations! 1967 WILLIAM I. KAMPF,from the law firm of Kampf & Associates, has merged with Henson & Efron.

1941 1956 RICHARD E. SHINOFIELD, from the JUDGE GERALD W. HEANEY will JOSEPH T. O’NEILL, SR., partner of the law firm of Kampf & Associates, has receive the 2004 Hubert H. Humphrey law firm of O’Neill, Grills & O’Neill of joined the newly merged firm of Hen- Public Leadership Award on June 8.The St. Paul, was named on February 17, son & Efron. Hubert H. Humphrey Public Leadership 2004, as the recipient of the 2004 Awards honor individuals, organizations “Legacy of Leadership” Award given by JOSEPH P.SULLIVAN has been elected or projects that have made contribu- the St. Paul Area Chamber of Com- to the Board of Directors and audit tions to the common good through merce.The award is given by the committee of Amylin Pharmaceuticals, public leadership and service. Chamber to honor an individual for his Inc., (AMLN). Mr. Sullivan is currently or her continuing exemplary dedication chairman of the Board of Advisors of and significant community and public RAND Health and Vice Chairman of the 1952 service. Board of the UCLA Medical Center. GERALD O.WILLIAMS was named as shareholder at the law firm of McCullough, Smith, & Kempe.The new 1957 1968 firm name is McCullough, Smith, Kempe, MICHAEL GALVIN, JR., partner and BERT J. MCKASY was elected to F.R. Williams & Cyr.The firm practices pri- shareholder at Briggs and Morgan, has Bigelow Foundation’s Board of Trustees. marily in the areas of personal injury been named co-Vice Chairman of the Mr. McKasy is a partner with Lindquist and family law. College of St. Catherine Board of & Vennum and is a former member of Trustees. the Minnesota House of Representa- tives and a past Commissioner of Com- 1953 merce for the state. ROBERT EATON has joined the law 1958 EDWARD L.WINER firm of Brown,Andrew & Signorelli in AUSTIN G.ANDERSON, President of has been named a Duluth. He will serve as Counsel in the the AndersonBoyer Group, has been re- Diplomat of the areas of estate planning, probate, trust appointed Special Advisor to the Ameri- American College of and elder law. He is a former principal can Bar Association’s Standing Commit- Family Trial Lawyers. in the Clure Eaton Law Firm in Duluth. tee on Continuing Legal Education. This honor follows Mr. Winer being named, in late 2002, as one of the top ten United States divorce lawyers by Worth maga- 1963 zine and being selected by the Best THOMAS A. CLURE, and most of the Lawyers in America as one of only Clure Eaton Law Firm, joined with the 1,880 United States attorneys listed in law firm of Johnson, Killen & Seiler. all ten editions over the last 20 years. He is the only Minnesota attorney and one of the only two lawyers nationwide who has received all three honors.

Law Alumni News ♦ SPRING 2004 55 Alumni Commons

1973 ALAN EIDSNESS attorney and share- holder at Henson & Efron has been inducted as a fellow into the American College of Trial Lawyers, which is com- posed of the best of the trial bar from the U.S. and Canada. Mr. Eidsness, who practices family law as well as small business and commercial litigation, has had a distinguished 30-year trial career with no plans of slowing down.

TIMOTHY KENNY has been named partner in the Minneapolis law firm of Fulbright & Jaworski.

Elliot (’61) and Eloise Kaplan hosted Dean Johnson, alumni JEROME J. SIMONS, JR., was elected as a and friends in Naples, Florida in March 2004. Division Head to the Board of Direc- tors of the law firm of Messerli & Kramer for 2004.

ALAN E. SOMMERFELD is the Deputy 1969 1972 Legal Advisor (dual-hatted) to the Com- HUBERT (SKIP) HUMPHREY, former PHIL GARON, former Chairman of batant Commander and his staffs for state Attorney General, became the Faegre & Benson and the firm’s senior the North American Aerospace Defense president of AARP Minnesota, a mergers and acquisitions partner, has Command (NORAD) and the United 645,000-member senior advocacy been named among a national list of States Northern Command (NORTH- group. He will be the group’s chief leading attorneys for client service by COM). Colonel Sommerfeld reported spokesman, who will testify at the the Boston-based BTI Consulting for duty in NORAD’s Cheyenne Moun- Legislature and will chair AARP’s execu- Group.The rankings include 90 attor- tain several hours after the attacks on tive committee, which sets policy for neys identified by decision-makers at September 11, supported Operation the state group. Fortune 1000 companies in the third NOBLE EAGLE as a drilling Reservist annual survey of the legal market con- for two months and was mobilized in ducted by BTI. Mr. Garon is one of only December 2001, and is currently serv- six attorneys in the United States to be ing as the interim Staff Judge Advocate. 1971 named to the BTI list in each of the RICHARD G. MARK was named three years. president of the Board of Directors at 1974 the Twin Cities law firm of Briggs and SANDRA WISE has accepted the posi- Morgan. WILLIAM M. HABICHT was elected tion of Counsel on Social Security at President of the law firm of Messerli & the National Committee to Preserve Kramer. MICHAEL PETERSEN joined the law Social Security and Medicare. firm of Marshack Shulman Hodges & Bastian and will specialize in corporate JOHN D. KELLY received the Minnesota MICHAEL J. DAVIS was honored at an Lawyer’s Attorneys of the Year award. mergers and acquisitions, commercial open house celebrating his tenth year real estate transactions, and business Kelly was honored for his work as a on the Federal Bench on March 26, defense attorney, including procuring a finance.The firm is located in Foothill 2004. Ranch, California. defense verdict in a case where millions of dollars in damages were sought, and for his service on the Minnesota Board of Law Examiners. Minnesota Lawyer rec- ognized him at a special awards dinner on February 10, 2004.

56 Law Alumni News ♦ SPRING 2004 Alumni Commons

DANIEL H. MABLEY was honored by TERRY L.WADE will receive the 2003 TODD I. FREEMAN was re-elected the state chapter of the American 21st Century Leadership Award, pre- President of The Group, Inc, a national Board of Trial Advocates for his out- sented by the Campaign for Legal Aid. organization of lawyers, accountants and standing work as an international judge He also was a recipient of the Minnesota actuaries that service professionals and for the United Nations in Kosovo. He is Lawyer’s Attorneys of the Year award. closely-held business owners in the a Hennepin County District judge. Mr.Wade is a partner with the areas of tax, estate planning, benefits Minneapolis-based law firm of Robins, and health law. Mr. Freeman is the Chief EDWARD S.WILSON was honored by Kaplan, Miller & Ciresi. Financial Officer and a shareholder at the state chapter of the American Larking, Hoffman, Daly, and Lindgren, Board of Trial Advocates for his out- Ltd. in the firm’s Tax,Trusts, and Estates standing work as an international judge department. for the United Nations in Kosovo. Judge 1977 Wilson served in Kosovo from Decem- JAMES STROTHER was named ALAN PAGE, Minnesota Supreme ber 2002 until December 2003. During Executive Vice President and General Court Justice, will give the commence- this time, he was a trial court judge in Counsel of Wells Fargo & Company in ment speech at the University of Notre the city of Prizren, Kosovo, and handled San Francisco, California. Dame. Justice Page will receive an Hon- cases involving ethnic violence, organ- orary Doctor of Humane Letters. He ized crime, drug trafficking, and war DESYL PETERSON, Minnetonka City received an Honorary Doctor of Laws crimes. He sits on the Ramsey County Attorney, received a distinguished public Degree from Notre Dame in 1993.The District Court bench. service award from The International school said it rarely presents two hon- Municipal Lawyers Association. orary degrees to anyone. 1975 JAMES VANDER LINDEN has been 1978 1979 elected to lead the Academy of IVY S. BERNHARDSON has become PHILIP M. CHEN recently joined PNC Certified Trial Lawyers of Minnesota General Counsel to the Hazelden Capital Markets, Inc., in Philadelphia, (ACTLM).ACTLM is an association of Foundation. Bernhardson has extensive Pennsylvania, as a Managing Director. trial specialists who have met a strin- experience as a corporate general He will focus on public finance gent test of certification standards.Van- counsel and business law attorney and investment banking. der Linden, a Minneapolis attorney with most recently was with Leonard, Street, the firm of leVander and Vander Linden, and Deinard in Minneapolis specializing MICHAEL DUDLEY received the U.S. practices in the areas of personal injury, in corporate governance. Hazelden is Attorney’s Law Enforcement Award. Mr. product liability, professional negligence an international provider of treatment, Dudley, a former Wisconsin state prose- and workers compensation. He has recovery, research, education and cutor and public defender, has been a served as an officer of ACTLM for the training. special agent with the FBI for 18 years past three years, leading up to his and works closely with municipal and recent election as Dean. KATHLEEN BLATZ, Chief Justice of the county authorities in southwestern Minnesota Supreme Court, was recog- Minnesota. nized in April as the University of Minnesota School of Social Work’s DANIEL J. STARKS was elected presi- 1976 Distinguished Alumna of the Year. dent, Chief Operating Officer and ROBERT J. FEIGH of the St. Cloud firm Chairman of the Board of Directors for of Gray, Plant, Mooty, Mooty, & Bennett, KAREEN ECKLUND has been appoint- St. Jude Medical, Inc. Starks is a 19-year was named as Secretary to the Acade- ed to the Board of the Minnesota State veteran of St. Jude Medical, including his my of Certified Trial Lawyers. Bar Association for Continuing Legal tenure with the Daig Corporation it Education. Ms. Ecklund works in the St. acquired in 1996. GREGORY A. KVAM was named to the Paul office of Felhaber, Larson, Fenlon & Board of Directors for the Twin Cities Vogt, concentrating her practice on DICK STENBERG has re-joined the law law firm of Briggs and Morgan. business and real estate law. firm of Dewey Ballantine after leaving the firm in March to help the New York MARK S. LARSON was elected as a office of Thelen Reid expand its private board member to the Board of Direc- equity practice. tors of the Messerli & Kramer law firm.

Law Alumni News ♦ SPRING 2004 57 Alumni Commons

ROBERT RANUM, shareholder and 1980 1982 co-Chairman of the E-business Group at Fredrikson & Byron, was elected to SCOTT DELISI was named by President WILLIAM C. HICKS was elected as the firm’s foundation board. George W. Bush the new United States member to the Board of Directors of Ambassador to Eritrea.Ambassador the law firm of Messerli & Kramer for MARY R.VASALY has been elected as DeLisi, a native of Minnesota, took his 2004. chair of the Council of Appellate previous post as Director of the South- Lawyers and is one of fifteen “2003 ern African Affairs office at the State JOHN W. LANG was re-elected as Attorneys of the Year” named in Department in autumn 2001, when he President to the Board of Directors of Minnesota Lawyer magazine. Ms.Vasaly replaced Arlene Render, who became the Messerli & Kramer law firm for practices with the Minneapolis firm of ambassador to Abidjan.While serving 2004. Maslon Edleman Borman & Brand. his previous posts, he was conferred the James Clement Dunn Award by the American State Department. 1983 1984 JAMES GESKE and Lawrence Wilford SUSAN E. GAERTNER received one of JOHN P.SHEEHY was named one of have formed the Woodbury-based firm the Minnesota Lawyer’s Attorney of the the “2003 Attorneys of the Year” by of Wilford & Geske. Year awards for taking on multiple lead- Minnesota Lawyer magazine. Mr. Sheehy is ership positions in the American Bar a partner in the Minneapolis firm of TODD JONES was named to the Association, her work with the DNA Meshbesher & Spence. project in Ramsey County, and her ini- Executive Board at Robins, Kaplan, tiative in reforming enforcement of the Miller & Ciresi. state’s Fair Campaign Practices Act. Ms. Gartner is the Ramsey County Attorney. 1981 MARY BIERKAMP has joined the FCS Commercial Finance Group as its Legal Counsel. Her responsibilities include legal support and regulatory compli- ance. FCS Commercial Finance Group is an affiliate of the Farm Credit System, which has been supporting American agriculture since 1916.

GARY SCHOKMILLER was appointed Central Region Market Leader at Pittsburgh-based Mellon Human Resources & Investor Solutions in its Minneapolis office.

MARK M. STARR was appointed by Governor Tim Pawlenty to a sixth Judi- cial District trial court bench vacancy in the city of Hibbing, Minnesota, in St. Louis County. Mr. Starr has been a Senior Assistant St. Louis County attor- ney in Virginia,MN since 1988.

MICHAEL W. UNGER was named as Treasurer to the Academy of Certified Trial Lawyers of Minnesota. He also received the Minnesota Lawyer’s Attor- Alumni and friends in North Dakota visited with Dean ney of the Year award. Mr. Unger is an Johnson during two events held on October 28, 2003. Lunch attorney with the Minneapolis law firm of Rider, Bennett, Egan, & Arundel. was held at the Fargo Country Club (top) and Judge Myron Bright hosted a reception in his chambers (bottom).

58 Law Alumni News ♦ SPRING 2004 Alumni Commons

CHARLIE WEAVER became the new JIM CHOSY is General Counsel and a DAVID BYRD has joined the law firm of Executive Director of the Minnesota Managing Director at Piper Jaffray, the Zuckerman Spaeder as an associate to Business Partnership, an association of investment banking and brokerage firm the firm’s White Collar and Civil the CEOs of the state’s largest corpora- Minneapolis-based U.S. Bankcorp spun Litigation Practice in Washington, D.C. tions. He formerly served as Chief of off December 31, 2003. Staff to Minnesota Governor Pawlenty. ERIC NICHOLSON has joined the Min- JOHN M. DORNIK is among fifteen neapolis-based investment banking firm, MARK J.AYOTTE was named to the “2003 Attorneys of the Year” named by Green Holcomb & Fisher as a principal. Board of Directors for the Twin Cities Minnesota Lawyer magazine. Mr. Dornik law firm of Briggs and Morgan. practices with the Minneapolis firm of MARK PILON, an attorney with the Mackenzie & Hallberg. Hanft Fride law firm in Duluth, was named a “Rising Star” in Minnesota Law NANCY STAUDT is a member of the and Politics magazine. He practices in the 1987 faculty at Washington University School areas of business and commercial law. DIANE BRATVOLD has been named of Law in St. Louis. as partner at the law firm of Rider BRIAN ROBERTS has rejoined the DC Bennett. Public Defender Service as Coordinator of the Institutional Services Program in 1990 the agency’s Community Defender DEBORAH AMBERG was named to the Office. 1988 position of Vice President, General MARY A. BERNARD has been named Counsel, and Secretary to ALLETE, Inc. Global General Counsel for Investment Ms.Amberg joined ALLETE as a Staff Banking at Credit Suisse First Boston, Attorney in 1990 and was named 1994 effective March 29, 2004. She will be Senior Attorney in 1998. Her responsi- CHRISTINA HOEGLUND SPENCE responsible for providing legal advice to bilities have included energy, environ- was appointed to the Second Harvest CSFB’s Investment Banking Division mental and employment law applied to Heartland Board of Directors. Ms. regarding the Firm’s investment banking a broad variety of areas within ALLETE’s Spence is Tax Counsel to Cargill, Inc. transactions and client relationships utility operations. globally. Prior to joining CSFB, Ms. JEREMY HEEP was promoted to part- Bernard was a partner in the Corporate ner at the law firm of Pepper Hamilton Finance Group at King & Spalding for in Philadelphia. Mr. Heep has a broad 18 years. 1991 commercial litigation practice, with par- DIANE M. HANSON has been appoint- ticular emphasis on antitrust, securities JAN CONLIN was named to the ed to the first Judicial District trial and international matters. Executive Board at Robins, Kaplan, court bench in Shakopee. Minnesota by Miller & Ciresi. Governor Pawlenty. Ms. Hanson has KEN HALL, along with Keri Barney, and been an Assistant Scott County Jodene Jensen opened “P.B.Loco,” a TONI HALLEEN, in addition to her Attorney in Shakopee since 1996. quick-service restaurant in the Mall of legal practice, has had a great success America serving gourmet peanut butter this spring with the run of the musical THOMAS J. ROHLEDER was promoted sandwiches. “Bloodsucking Lawyer,” a production to Senior Vice President, General she wrote, co-composed and Counsel, and Secretary at Community co-produced. Ms. Hallen has been per- First Bankshares, Inc. Mr. Rohleder forming and teaching improv comedy in joined Community First in 2001 as Vice 1995 the Twin Cities for 14 years. President of risk management. MAUREEN B. CAVANAUGH has joined The Pennsylvania State University, Dick- inson School of Law faculty with the rank of Professor. She previously taught 1989 1993 at Washington and Lee University JEFFREY BENSON has joined TIM ANDERSON has opened his solo School of Law for six years, where she Fredrikson & Byron as an officer in the criminal defense practice in downtown received tenure. firm’s Real Estate Group. His practice Minneapolis, continuing to focus on fed- focuses on providing commercial real eral and state criminal cases at the trial JONATHAN CLEVELAND was pro- estate legal services and advice to major and appellate level with cases ranging moted to Managing Director at Houoli- regional and national corporations, from DWI to murder and with an han Lokey Howard & Zukin law firm in REITs and other institutional holders of emphasis on drug and white collar Minneapolis. real estate and developers. crimes. PETER GRAY was named partner at the law firm of Rider Bennett.

Law Alumni News ♦ SPRING 2004 59 KRISTI K.WARNER has been elected a partner in the firm of Brownson & Ballou in Minneapolis. She will continue her practice defending individuals and companies in civil litigation, with an emphasis on toxic exposure, products liability, and general liability cases. 1996 NICOLA HESKETT has been named a partner with Shook, Hardy & Bacon law firm in Kansas City, Missouri. Ms. Hes- Jim MacGillis, Becky Ortell, Joe Henderson and kett focuses her practice on products liability defense, primarily in the areas of Matt Thibodeau. tobacco and pharmaceutical litigation.

NORMAN L. JONES III was named as a new shareholder at Winthrop and Weinstine law firm. Mr. Jones practices in the areas of partnership, corporate taxation and municipal finance.

WENDY MAHLING was named part- ner at the law firm of Faegre & Benson in Minneapolis.

CATHERINE O’REILLY was awarded the first annual Equal Access to Justice Pro Bono Publico Award by Legal Assis- tance of Dakota County (LADC) at the First Judicial District Bar Association Bill Otteson, Doug Utter, Dave Jaffe, Jon Neve, Roshini meeting. Ms. O’Reilly has held several Rajkumar, and Sue Schommer. offices on the Association’s Board of Directors as well as regularly volunteer- Members of the class of 1997 celebrated their six-year ing on LADC cases. She became a reunion on October 25, 2003.Almost 100 classmates shareholder with the law firm of LeVan- gathered for an exciting evening of dinner, drinks, and der, Gillen & Miller, in January. Her prac- tice focuses on civil litigation, including dancing at Chang O’Hara’s Bistro in St. Paul.The reunion employment, corporate, contract, crimi- was such a success the class of 1997 is thinking of making it nal and real estate law. an annual event. WILLIAM A. PHILLIPS, a commercial BERNARD L.“BRIAN” ELIGIO C. PIMENTEL was named to lawyer in the Detroit office of Pepper HENGESBAUGH III and Mary-Louise the Board of Directors at McAndrews, Hamilton, has been elected Of Counsel. Kury were married on February 22, Held, & Malloy in Chicago. Mr. Pimentel Mr. Phillips focuses his practice on com- 2004, at the Cathedral of St. John the specializes in all areas of intellectual mercial matters with an emphasis on Evangelist in Milwaukee. Mr. Henges- property litigation. sports, corporate, real estate, public baugh is a senior associate at Baker & finance and venture capital issues. McKenzie in Chicago. DR. ERIK UGLAND is an Assistant Professor at the Department of Broad- RACHNA SULLIVAN was named part- MATTHEW R. MCBRIDE was named as cast and Electronic Communication at ner of Rider Bennett law firm. a new shareholder at Winthrop and Marquette University in Milwaukee, Weinstine. Mr. McBride focuses his Wisconsin. PAUL YECHOUT was named principal practice on commercial and construc- in the Gray, Plant, Mooty, Mooty and tion litigation. Bennett law firm.

60 Law Alumni News ♦ SPRING 2004 Alumni Commons

PAMELA J. SPAULDING was selected 1997 1999 by Minnesota Lawyer as one of the “2004 Up and Coming Attorneys.” JOHN J. BURSCH has CRAIGHTON T. BOATES and John P. been elected to the Welty (’00) with Sam Crump founded ANITA AROCKIASAMY WILLS was Board of Trustees for the law firm Boates,Welty & Crump in selected as one of the “2004 Up and the Hugh Michael Bea- Phoenix,Arizona. His practice focuses Coming Attorneys” by Minnesota Lawyer. han Foundation.The on commercial and business litigation, foundation was estab- construction law, estate planning, real lished in 1982 to pro- estate law, Internet law and criminal law. vide scholarship support for students 2002 who want to attend St.Andrew’s School JOHN HAUGE was named as partner NATHAN BUSCH was Consulting in Grand Rapids but cannot afford the at Rider Bennett law firm. Counsel before and during the hearing full cost of tuition. Mr. Bursch co-Chairs before the Supreme Court of Canada in Warner Norcross & Judd’s Appellate KEVIN MAGNUSON was selected as the case Schmeiser v. Monsanto on behalf Practice Group in Grand Rapids, one of the “2004 Up and Coming Attor- of appellant Schmeiser. Michigan. neys” by Minnesota Lawyer. JESSICA CLAY and Andrew Urbanski GREG ERICKSON was named partner RYAN MANTHEY has been named an were married on October 25, 2003, at at the law firm of Rider Bennett. associate at Koepke & Daniels law firm St. Paul’s United Church of Christ in in Minneapolis. Wausau,Wisconsin. PATRICK LEPINE joined the Northville, Michigan, law firm of Nuyen,Tomtishen, CHRISTOPHER ROTH is a newly elect- CATHERINE P.HEAVEN has joined and Aoun as a shareholder. Mr. Lepine ed shareholder at Banner & Witcoff in Faegre & Benson as an associate in the practices health care law with a focus Washington, D.C. Mr. Roth practices in firm’s Corporate Finance Group. on transactional and regulatory matters the chemical patent prosecution and for health systems, hospitals, and physi- litigation areas. JENNIFER E. JOSEPH and ERIN K. cians. Prior to joining Nuyen,Tomtishen TURNER opened their new firm Joseph and Aoun, he was a partner at Honig- & Turner law firm in Minneapolis.Their man Miller Schwartz and Cohn in 2000 practice areas include: family and juve- Detroit, Michigan. nile law, litigation, criminal defense, small TIM COLE joined the Los Angeles office business, immigration, personal injury of Ladas & Parry to direct its Digital PETER MICHAUD has been named as and wills. partner at the Lindquist and Vennum law Brands Practice department on the West Coast. firm. KIRSTEN LINDGREN joined the law firm of Messer and Stilp in Chicago as DAVID S. KENDALL an associate. has joined the law firm 1998 of LeVander, Gillen & DAVID WYMORE was named as an CHRISTOPHER FOWLKES was select- Miller as an associate associate by the law firm of Koepke & ed by Minnesota Lawyer as one of the attorney. His legal Daniels in Minneapolis. “2004 Up and Coming Attorneys.” practice is focused on criminal prosecution JON HEGRE was named partner at the and municipal law. law firm of Rider Bennett. 2003 JOHN P.WELTY and Craighton T. ANDREW BECKWITH, a second Lieu- STEVE KLUZ, JR., was named partner at Boates (’99) with Sam Crump founded tenant with the United States Marine Rider Bennett law firm. the Boates,Welty & Crump law firm in Corps, is currently a Judge Advocate Phoenix,Arizona. He focuses his prac- with the Marine Corps and licensed to CHRISTINE (SETCHELL) MIDDLETON tice on corporate and business law, practice law in the Commonwealth of has joined the law firm of Lindquist & estate planning, and Indian law. Massachusetts. Vennum in the Family Law Department. RYAN BRAUER was named as an RINKY S. PARWANI accepted a 2001 associate at the law firm of Fredrikson position with Wells Fargo Financial as & Byron in the securities and energy CINDY BAUMANN has joined the law Assistant General Counsel in her group. hometown of Des Moines, Iowa. firm of Leonard, Street & Deinard. MATTHEW GRAHAM joined Fredrik- NICHOLAS M. LEWANDOWSKI PATRICK D. ROBBEN was selected as son & Byron in Minneapolis as an asso- joined the Larkin, Hoffman, Daly, & one of the “2004 Up and Coming ciate in the Intellectual Property Group. Attorneys” by Minnesota Lawyer. Lindgren law firm.

Law Alumni News ♦ SPRING 2004 61 Alumni Commons

JONATHAN HOBBS has joined Morrison Fenske & Sund law firm in Minnetonka as an associate attorney. THE 25th ANNUAL SUMMER Mr. Hobbs will be primarily practicing tax law in addition to business and real PROGRAM of CONTINUING estate work. LEGAL EDUCATION SEMINARS JOSEPH LEE joined the law firm of Merchant & Gould in Minneapolis as an intellectual property attorney. was held JUNE 1–11, 2004

MELISSA LISTUG KLICK has joined June 1 War, National Security, and the Constitution: Paul, Plevin, Sullivan & Connaughton law The Constitution after September 11 firm in San Diego. Professor Michael Stokes Paulsen

PUNEET MOHEY and June 2 M.B.A Concepts for Lawyers colleague, Zachary Professor Edward S.Adams Bossenbroek, started a new company called June 3 Recent Developments in Employment Law Lexadigm Solutions. Professor Ruth Okediji Lexadigm is a legal outsourcing company June 4 Understanding the Current State of the Law in that hires talented attorneys in India, Trademarks, Copyright and Related Areas of most of whom have been exposed to Intellectual Property American law, and provides inexpensive Professor Daniel J. Gifford legal research and/or writing services to U.S. attorneys practicing in all areas. June 5 Ethics and the Practice of Criminal Law (morning) and Identifying and Eliminating Bias and PAUL ONDERICK has joined the intel- Discrimination in the Legal System: lectual property law firm of Patterson, Codes, Cases and Other Constraints (afternoon) Thuente, Skaar & Christensen as an Professor Stephen M. Simon associate attorney. Mr. Onderick will focus his practice on patent prosecution June 7 Recent Developments in Sports Law and litigation in the areas of the Professor Shayna M. Sigman mechanical arts, medical instruments, and biomechanical devices. June 8 Paradigms Old and New in the Law of Regulated Industries AMY SALMELA has joined the intellectual property law firm of Professor Jim Chen Patterson,Thuente, Skaar & Christensen June 9 Property Taxes the Unexamined $156,100,000,000 as an associate attorney. Ms. Salmela’s practice focuses primarily on patent Annual Charge To Business Revenues prosecution in the electrical and Professor Ferdinand P. Schoettle mechanical industries. June 10 Campaign Finance Law after McConnell RHONA SHWAID joined Fredrikson & Professor Guy-Uriel Charles Byron in Minneapolis as an associate in the International Group. June 11 New Developments in Internet Law Professor Dan Burk BERNARD STATLAND joined the law firm of Arent Fox in its Washington, D.C. offices.

RYAN E. STROM has joined the law JACOB ZIMMERMAN has joined DAVID J. ZOLL has joined the law firm firm of Fruth, Jamison & Elsass. Robins, Kaplan, Miller & Ciresi as an of Lockridge, Grindal, Nauen as an asso- associate attorney in Minneapolis. ciate practicing in the Class Action Liti- THERESA WEBER has joined gation Group with a focus on securities ♦ Fredrikson & Byron in Minneapolis as an and antitrust law. associate in the firm’s International and Corporate Groups.

62 Law Alumni News ♦ SPRING 2004 Alumni Commons Class Notes News NAME ______CLASS YEAR ______NEWS/COMMENTS ______Change of Address

NAME ______CLASS YEAR ______FRIM/COMPANY ______BUSINESS ADDRESS ______BUSINESS PHONE ( ) ______FAX ( ) ______E-MAIL ______HOME ADDRESS ______HOME PHONE ( ) ______

I prefer my mail be sent to my: ❑ HOME ❑ WORK

Now you can send your Class Notes or contact changes to us on-line. Go to www.law.umn.edu/alumni/submit.html for Class Notes or www.law.umn.edu/alumni/change_address.html for contact information updates or send to: External Relations, N160 Mondale Hall, 229 19th Avenue South Minneapolis, MN 55455; (fax) 612-626-2002

Law Alumni News ♦ SPRING 2004 63 Alumni Commons Louise Saunders Class of 1950 ouise Herou Saunders passed away on November 20, 2003 In Memoriam Lfrom congestive heart failure at As of April 30, 2004. the age of 82. CLASS OF 1937 CLASS OF 1959 Ms. Saunders attended the University Bertram C. Gire Bertin A. Bisbee, Jr. of Minnesota, where she lettered in Dover, NH Bloomington, MN golf and was elected one of the 100 October 29, 2003 February 14, 2004 outstanding students in 1949. She was a member of the Editorial Board of CLASS OF 1938 CLASS OF 1960 the Minnesota Law Review and in 1950 Richard C. Hunter Paul Kunert received her J.D. degree from the Law Falls Church,VA Edina, MN School. Following graduation, Ms. February 25, 2004 February 6, 2004 Saunders served as law clerk to Justice Leroy Matson of the Minnesota CLASS OF 1946 Donald C. Petersen Supreme Court. Ms. Saunders then Honorable Walter Mann Minneapolis, MN joined the law firm of Larson, Loevinger, Lindquist, Freeman and St. Paul, MN March 4, 2004 Fraser, now Lindquist & Vennum, in February 11, 2004 Minneapolis. She made partner at the CLASS OF 1980 firm, which was a rare occurrence for a CLASS OF 1947 Sheldon R. Strouts woman in the 1950s. Horace E. Hitch St. Louis Park, MN Carmel, CA February 2, 2003 Ms. Saunders married Charles W. February 17, 2002 Saunders in 1959, owner of Charlie’s CLASS OF 1981 Cafe Exceptionale, and assumed the CLASS OF 1948 Virginia Anne Pomeroy management of the restaurant upon James Wanvig Germantown,WI her husband’s death in 1964. In 1970 San Francisco, CA March 21, 2004 she was elected to the Hall of Fame April 12, 2004 sponsored by Hospitality magazine and CLASS OF 1983 in 1972 received the Ivy Restaurateur CLASS OF 1950 Harlan M. Goulett, Jr. of Distinction Award sponsored by Louise Saunders Minneapolis, MN Institutions magazine. Minneapolis, MN April 19, 2004 Ms. Saunders was appointed by Presi- November 21, 2003 dent Carter as Commissioner of the White House Conference on Small CLASS OF 1951 Business in 1979. She served on Oscar C.Adamson numerous boards including the Min- North Oaks, MN neapolis Downtown Council on which October 16, 2003 she served two terms as President, the Minnesota Orchestral Association and CLASS OF 1954 the University of Minnesota Patty Berg James P.Corson Development Fund. She also served on Bloomington, MN the Law School’s Law Alumni Associa- March 13, 2004 tion Board of Directors from 1953–56, and was elected Secretary in 1956.

She was a strong supporter of the University throughout her life. Ms. Saunders also left a bequest to create a scholarship fund in the University of Minnesota athletics department and created a Charitable Remainder Unitrust from her estate for the Law School. No immediate family members survive her. ♦

64 Law Alumni News ♦ SPRING 2004 University of Minnesota Law Alumni Association

OFFICERS Patrice A. Halbach ’80, President Stephen F.Befort ’74, Treasurer

DIRECTORS Term Ending 2004 Catherine L.Anderson ’73, Minneapolis, MN Ronald D.Aucutt ’75, McLean,VA Thomas A. Clure ’63, Duluth, MN Joan Ericksen ’81, St. Paul, MN Joan L. Heim ’68, Washington, DC Christopher J. Kopka ’98, Minneapolis, MN James M. Neville ’64, Ladue, MO Thomas M. Newcomb ’76, Vienna,VA Judith L. Oakes ’69, Minneapolis, MN Ronald J. Schutz ’81, Minneapolis, MN Edward J.Wallin ’67, Orange, CA Kenneth R.White ’82, Mankato, MN

Term Ending 2005 John R. Beaulieu, ’97, Miami, FL Philip C. Carruthers ’79, St. Paul, MN Tracey B. Davies ’97, Austin,TX Sylvester James, Jr. ’83, Kansas City, MO R. Hugh Magill ’85, Chicago, IL Erica D. McGrady ’96, Washington, DC Lynn M. Roberson ’79, Atlanta, GA Brian J. Schoenborn ’95, St. Cloud, MN Michael R. Sieben ’72, Hastings, MN Paul D. Swanson ’82, Seattle,WA Mary L.Wegner ’86, Santa Monica, CA Gail L.Weinstein ’83, New York, NY

Term Ending 2006 Stacy L. Bettison ’99, Minneapolis, MN Elizabeth Bransdorfer ’85, Grand Rapids, MI Joseph T. Carter ’83, Apple Valley, MN Christopher J. Chaput ’85, Chatham, NJ A. James Dickinson ’65, St. Paul, MN Neil Fulton ’97, Pierre, SD Patrice A. Halbach ’80, Minneapolis, MN Natalie Hudson ’82, St. Paul, MN Brian L. Johnsrud ’96, Palo Alto, CA Edmundo D. Lijo ’86, St. Paul, MN Charles Noerenberg ’82, St. Paul, MN

Alex Johnson, Jr., Dean

This and back cover photo courtesey of Patrick O’Leary, U of M Images Library. ©2004 by the Regents of the University of Minnesota. UNIVERSITY OF MINNESOTA LAW SCHOOL N160 Mondale Hall Nonprofit Org. 229 19th Avenue South U.S. Postage Minneapolis, MN 55455 PAID Minneapolis, MN Permit No. 155