Nonprofit Org. SPRING 2010 U.S. Postage INTHISISSUE PAID 0 1 0 2 G N I R P S N225 Mondale Hall Former Justice O’Connor Visits • Justice Thomas Seminar • Legal Aid for Mille Lacs Band • Summer CLE 229 19th Avenue South , MN Minneapolis, MN 55455 Permit No. 155

The Magazine for the University of Law School Perspectives F ORMER J USTICE O’C

ONNOR Rights on Their Side V ISITS Alumni fight for human rights on U.S. and global fronts. • J USTICE T HOMAS S EMINAR • L EGAL A DFOR ID M ILLE L ACS B AND www.law.umn.edu Partners in Excellence Annual Fund Update

Dear Friends and Fellow Alumni: As National Co-Chairs of this year’s Partners in DEAN LAW ALUMNI BOARD AND Excellence annual fund drive, we are pleased that many David Wippman BOARD OF VISITORS 2009-10 of you have chosen to benefit the Law School with Grant Aldonas (’79) your generosity through gifts to the Law School Fund. ASSISTANT DEAN AND Deborah Amberg (’90)† In this time of varied economic challenges, you have CHIEF OF STAFF Austin Anderson (’58) recognized the importance of contributing to the Law Nora Klaphake Justice (’68) School, particularly in light of rapidly dwindling state Former support. We thank all of you who have given so far DIRECTOR OF COMMUNICATIONS Russell Anderson (’68) and wish to specially acknowledge the generosity of Cynthia Huff Albert (Andy) Andrews (’66)† this year’s Fraser Scholars and Dean’s Circle donors James J. Bender (’81) (through April 15, 2010). SENIOR EDITOR AND WRITER Governor James J. Blanchard (’68) Clearly, this is a critical time in the Law School’s Corrine Charais Elizabeth Bransdorfer (’85)* history, and its continued excellence absolutely Gregory Bulinski (’79)† James L. Chosy (’89) and Julie Knox Chosy (’90) depends on investment from each of us as alumni. DIRECTOR OF ADVANCEMENT John Bultena (’76)† We feel extremely fortunate to have had the opportu- Jean M. Sazevich James Chosy (’89) nity to attend the Law School. In addition to rigorous Jan Conlin (’88) training, the Law School afforded us the opportunity ASSOCIATE DIRECTOR OF William Drake (’66) > FRASER SCHOLARS to develop relationships that have endured and ADVANCEMENT David Eldred (’02) James Annenberg La Vea Samuel D. Heins enriched our lives, both professionally and personally, Joe Thiegs Kristine Erickson (’72) James J. Bender Richard M. Ihrig with many exceptional people. Moreover, we are Elizabeth (B.J.) Fesler (’87)† Michael V. Ciresi Gregory P. Joseph inspired by the positive things happening now under CONTRIBUTING WRITERS Joseph Finley (’80) Jan Conlin & Eugene Goetz K. Thor Lundgren Dean David Wippman and are confident that with Abigail Cerra Patrice Halbach (’80) William T. Dolan Dennis M. Mathisen adequate financial support, he can lead the Law Corrine Charais Catharine Haukedahl (’79) David S. Doty J. Stewart McClendon School to its ambitious goals of not only maintaining T. Evan Fisher Judge (’82)* Stanley Efron James H. Michael but improving and strengthening its reputation of Karen K. Hansen Joan Humes (’90) Matthew K. Entenza Bruce W. Mooty excellence. Evan Johnson Harvey Kaplan (’64) Gerald H. Friedell John W. Mooty Your sustaining gift to the annual fund each year Frank Jossi David Kettner (’98) James T. Hale Vance K. Opperman is a vitally important resource. For example, a gift of Cathy Madison Thomas King (’65) $5,000—whether from one person or several people Kelsey Dilts McGregor David Lee (’70) combined—is equivalent to the annual payout from Todd Melby Jeannine Lee (’81) an endowment of more than $111,000. We know there Mike Pangborn Marshall Lichty (’02) > DEAN’S CIRCLE are many worthy causes requiring your attention, Jean Sazevich K. Thor Lundgren (’74) Michael J. Adams Ronald M. Mankoff but as alumni of the Law School, we have a special Steven Schmidt Ambassador Tom McDonald (’79) Perspectives is a general interest magazine published in Frank R. Berman Russell V. Michaletz responsibility. Please join your fellow alumni and Pamela Tabar Judge Peter Michalski (’71) the fall and spring of the academic year for the University Christopher J. Chaput Thomas J. Moore friends in stewardship of the Law School by renewing Joe Thiegs Rebecca Moos (’77) of Minnesota Law School community of alumni, friends, James & Julianne Chosy Daniel R. Pennie your support with a gift of any amount by June 30. Suzanne Thorpe Richard Morgan (’84) and supporters. Letters to the editor or any other communi- Joseph M. Finley Curtis L. Roy Thank you again for your generosity. Nicole Elsasser Watson Dennis Nguyen (’98) cation regarding content should be sent to Cynthia Huff Philip S. Garon Allen I. Saeks Aaron Welo Charles Noerenberg (’82)* ([email protected]), Director of Communications, John C. Goetz Robert J. Schroeder Sincerely, Judith Oakes (’69)* University of Minnesota Law School, 229 19th Avenue South, Jay H. Grant Ronald J. Schutz COVER ILLUSTRATION Patricia O'Gorman (’71) N225, Minneapolis, MN 55455. John F. Hartmann Michael R. Sieben Stephen Webster Richard Pepin Jr. (’67)† Gary J. Haugen David J. Steingart Paula Richey (’76) The University of Minnesota shall provide equal access to Thomas R Hood Tony J. Tanke PHOTOGRAPHERS Judge James Rosenbaum (’69) and opportunity in its programs, facilities, and employment William A. Johnstone Jr. George J. Tichy II Jayme Halbritter Michael Sieben (’72) without regard to race, color, creed, religion, national origin, Duane E. Joseph Robert R. Weinstine James L. Chosy (’89) and Julie Knox Chosy (’90) Tim Rummelhoff Rachna Sullivan (’96) gender, age, marital status, disability, public assistance David & Martha Kadue Rodger D. Young 2010 National Co-Chairs, Kathy Seipp Judge John Tunheim (’80) status, veteran status, sexual orientation, gender identity, Partners in Excellence Annual Fund Fordam Wara (’03) or gender expression.

DESIGNER *Second term ended October 2009 Carr Creatives †Second term ended April 2010 ©2010 by University of Minnesota Law School. New Strategy for Long-Established Commitment

innesota’s first snow-free March in 130 years has ushered in a spring full of promise, putting “a spirit of youth in everything,”as Shakespeare expressed it. In keeping with this spirit of renewal, we have been developing a strategic plan designed to keep the Law School at the cutting edge of teaching, research, and policyM development, both nationally and internationally. Alumni consultation has been central to this process and will continue to play a defining role in our thinking as we move forward. In that vein, we are expanding our efforts to make the Law School a more meaningful and continuing part of our alumni’s professional and personal lives. Recently we merged our Alumni Board of Directors and Board of Visitors into a single, consolidated Board of Advisors, which will meet quarterly.Part of its mission is to help us engage with alumni in diverse and innovative ways, and its committees are open to interested alumni, including those not on the board. Spring’s spirit of endless possibility is undoubtedly strongest among our students. Soon nearly 290 men and women will be starting a new phase in their lives with a Law School diploma in their hands.And although fall may seem far away,most of next year’s entering class is already in place.With applications at an all-time high (up 8% over last year), it will be an extraordinarily strong and increasingly diverse group. DEAN DAVID WIPPMAN In keeping with our evolving strategic plan, new and returning students will benefit from our ongoing curriculum reform. Newly introduced capstone courses, for example, allow upper- level students to work on complex legal issues in small groups with multidisciplinary faculty and local attorneys. Our efforts to combine legal theory,doctrine, and practical skills have produced a curriculum that is recognized as one of the most innovative and effective in the nation, and faculty are receiving invitations to speak about it from institutions across the country.Next year will see further changes, with new clinics, internships, and other experiential learning opportu- nities and a wide range of other new courses. The faculty continues to grow and prosper. Professor Antony Duff, a leading philosopher of criminal law,will join us this fall, cementing Minnesota’s preeminent position in this field. Professor Susan Wolf was elected to the Institute of Medicine, Professor Fionnuala Ní Aoláin was elected to the American Society of International Law’s Executive Council, and Professor Dale Carpenter just got word of his election to the American Law Institute. Our jurist-in-residence program also continues to thrive.Two Supreme Court Justices visited the Law School this spring. Former Justice Sandra Day O’Connor met with faculty,alumni, and others to discuss judicial selection reform.And Justice Clarence Thomas joined Professor for a week to teach a special course in constitutional law. One thing that is not changing is our commitment to excellence.We are working hard to shape the Law School’s strategic vision and new strategic plan to make the Law School even stronger in the years ahead.We hope you will assist us in this endeavor by sharing with us your thoughts about our current and future direction.And we hope to see you soon, whether at reunions in June, at a CLE program, to visit a class, or just to wander the halls.

Sincerely,

David Wippman Dean and William S. Pattee Professor of Law

www.law.umn.edu Perspectives S P R I N G 2 0 1 0 1 Contents

20 Rights on Their Side

Alumni fight for human rights on U.S. and global fronts.

by Cathy Madison Illustration by Stephen Webster

22 Advocates for Human Rights Today

24 Coming to the Aid of the Band

On the shores of Lake Mille Lacs, legal aid office serves the Ojibwe community. by Karen K. Hansen

2 Perspectives S P R I N G 2 0 1 0 www.law.umn.edu 1 Dean’s Perspective New Strategy for Long-Established Commitment 4 At the Law School 4 Faculty Spreads the Word on Curriculum Reform 5 ABA Site Evaluation Team Visits Law School 6 Former Justice Sandra Day O’Connor Visits Law School 7 Staff Hirings and Promotions • China Study Abroad Program 8 McGee Civil Rights Moot Court Competition Turns 25 9 Winning the Lottery: Taking a Class from Justice Clarence Thomas 10 Law Library Makes Journals a Priority 12 Judicial Independence Forum Reviews Quie Commission 6 Recommendations • Tribute to Law Librarian Arlette Soderberg 13 Law & Inequality Hosts Symposium on Family Values 14 New Curriculum Selections in 2010 • LSAT Prep Program Offered This Summer 15 Sarah B. Gordon: Ronald A. and Kristine S. Erickson Legal History Lecture • Summer Legal Institute Returns in July 16 Ways to Give 18 Roundtable Takes Hard Look at Human Trafficking 19 Conservative & Libertarian Legal Colloquium Held in April • Announcing e-Perspectives • Minn. Supreme Court Holds Session at Law School 28 Faculty Perspective 28 Faculty Awards, Grants, and News 32 30 Faculty Works in Progress 31 Stephen F. Befort: Gray, Plant, Mooty, Mooty & Bennett Professorship in Law Reappointment Lecture 32 Herbert Kritzer: Marvin J. Sonosky Chair in Law and Public Policy Appointment Lecture • Faculty Book Publications 33 David Wippman: William S. Pattee Chair in Law Appointment Lecture 34 New 2010 Faculty Member: Antony Duff • Public Law Workshops 35 Faculty in the Community • New Titles, New Roles 36 Student Perspective 36 Student Profiles 39 Student Group Activities 43 40 Student News 42 Stress-Relief Week 43 TORT Tames Eternal Struggle in “Midsemester Night’s Dream” 44 Alumni Perspective 44 Alumni Profiles 47 Law School Board of Visitors and Alumni Board Merge • Partners at Work Challenge 48 Fellowship Helps Graduates Take Learning Into the Field 50 31st Annual Summer CLE Program 51 Annual Scholarship Dinner 52 Class Notes 55 Alumni Tributes 51 56 In Memoriam 57 Partners in Excellence Annual Fund Update www.law.umn.edu Perspectives S P R I N G 2 0 1 0 3 > At the Law

U.S. District Court Judge John R. Tunheim (’80) lunches with prospective students during April preview days Jim Sanderson, Sen. , and Prof. Prentiss Cox (’90) at public service press conference, held at Law School, November Jerry Rotman (back to camera), Bill Mullen (’58), 2009, to warn shoppers about online post-transaction marketing and John I. Halloran (’58) at Dean David Wippman’s practices William S. Pattee Chair in Law Appointment lecture

Faculty Spreads the Word on Curriculum Reform

> Long before the Carnegie facilitating exciting new research, As leaders in curricular innovation, Foundation’s report on innovations in and training a new breed of lawyers faculty members have responded to legal education was published in 2007, capable of operating in a global requests from institutions around the the Law School was focused on context. country to share their knowledge. Last strengthening its curriculum to better Today’s Law School education fall Clinical Professor Nancy Cook, prepare students to solve the complex explores how law shapes and trans- director of the Law School’s Lawyering social, economic, and business prob- forms the foundation of a society. Program, presented a workshop on lems of our time. Building on the Students explore present-day issues curricular innovations and professional work of Co-Deans Fred Morrison and in courses that prepare them for legal responsibility for the National Institute Guy Charles, Dean David Wippman practice while still engaging in theoret- for Teaching Ethics and Professionalism. has developed a dynamic combination ical learning.Among the curriculum This year, Professors of Law of theory and practical training focused innovations: Emerita Beverly Balos and Mary Lou on equipping students to operate in • Intensive training in statutory Fellows were invited to a faculty the globalized economy of the 21st interpretation integrated into a legal meeting at Seattle University School of century.Today,the Law School is a brief writing program Law to discuss curriculum changes, in national leader in curriculum reform. • Introduction to the practice of particular, Practice and Professionalism. The Robina Foundation provided law and its theoretical and ethical Recently,Cook spoke at American funding for the early reform efforts, underpinnings in a Practice and University’sWashington College of begun in 2006. Discussions on how to Professionalism course Law about curricular development fol- integrate legal doctrine and analysis, • Legal issues from different view- lowing the Carnegie report and practical lawyering experience, ethics, points in the team-taught Perspectives described the Law School’s first-year and professionalism throughout a stu- on the Law course curriculum, applicable learning theory, dent’s education resulted in a bold new • In-depth study of a topic by small and diffusion of innovations theory. curriculum that focuses on addressing groups in innovative simulation-based She organized an Experiential pressing socioeconomic problems, capstone courses Renaissance Roundtable at that the

4 Perspectives S P R I N G 2 0 1 0 www.law.umn.edu School

Former U.S. Supreme Court Justice Sandra Day O’Connor and U.S. Court Former Vice President Walter F. Mondale (’56) of Appeals, Eighth Circuit, Bill Drake (’66) and Tom King (’65) at meeting and breakfast to and student scholarship recipient Forrest Judge Diana E. Murphy (’74) merge former boards into new Board of Advisors Tahdooahnippah (’10) visit at Annual Scholarship Dinner in March

ABA Site Evaluation Team Visits Law School Law School in April 2010 to examine the challenges in constructing and Each law school accredited by the American the Law School from the student perspective, reconstructing experiential education Bar Association is evaluated every seven years including the general atmosphere inside and programs. In May,Cook and Clinical in a visit by a Sabbatical Site Evaluation Team outside the classroom as well as insights on Professor Perry Moriearty will lead a to help determine whether the school con- specific matters, such as the curriculum, session at the annual Association of tinues to meet the ABA Standards for clinics, moot courts, law journals, career American Law Schools Clinical Law Approval of Law Schools. A seven-member placement, and financial aid. It also held Teaching Conference encouraging evaluation team composed of law school meetings with leaders of student groups. institutions to reflect on how change deans and professors, a vice president of Over the course of its three-day visit, the occurs and offering insights and strate- academic affairs, and a retired state supreme team met with University President Robert gies to facilitate change. court chief justice visited the Law School on Bruininks, Provost E. Thomas Sullivan, staff At the June 2010 conference of March 28-31, 2010. members, and various other groups. It had The Labor Law Group, an interna- Through the efforts of the Self-Study and lunches with faculty and student leaders and tional organization of labor and Strategic Planning Committee, co-chaired by breakfast with alumni, who shared their views employment law professors, Professor Associate Deans Joan Howland and Brett on the Law School. In addition, team members Laura J. Cooper will describe the labor McDonnell, and many others over the last 18 met individually with faculty, visited classes, and employment law capstone course months, the Law School had completed inspected facilities, evaluated the Law that she and Adjunct Professor Karen preparations, including the materials required Library's collections and services, and made G. Schanfield (’78) co-taught for the by the ABA Committee on Accreditation, other assessments. first time this spring. It is designed to when the team arrived March 28. Howland and The team will incorporate its findings into a replicate what practicing attorneys McDonnell greeted the team and provided a final report that will be submitted to the ABA would do in resolving workplace legal tour of the Law School, and in the evening, Committee on Accreditation. The Association claims.Assisted by a major new seed Dean David Wippman hosted a dinner at the of American Law Schools (AALS) representa- grant from the Robina Foundation, Riesenfeld Rare Books Research Center. tive on the team also will write a report to the Law School will continue to refine Student-related issues are a major focus of assist that organization in determining its curricular innovations in the every ABA site visit. The team held an open whether the Law School continues to meet coming year. meeting with students to gain an overview of the AALS requirements for membership.

www.law.umn.edu Perspectives S P R I N G 2 0 1 0 5 AT THE LAW SCHOOL

Former Justice Sandra Day O’Connor Visits Law School

Minnesota State Representative Justices with former U.S. Supreme (’96), Justice O’Connor, Court Justice Sandra Day O’Connor (left to right): G. Barry and Minnesota Senator Ann Rest Anderson (’79), , Justice O’Connor, (’78), and Chief Justice Eric Magnuson Former U.S. Justice Sandra Day O’Connor

> Retired U.S. Supreme Court the luncheon were Minnesota Senator county and state bar associations, Justice Sandra Day O’Connor made a Ann Rest (DFL-New Hope) and representatives from Minnesotans for brief visit to the University of Representative Steve Simon (’96) Impartial Courts and the Minnesota Minnesota’sWest Bank campus on (DFL-St. Louis Park), who helped draft Chamber of Commerce, and directors Feb. 10, 2010. She was the featured the Amendment. of the League of WomenVoters, the guest at a luncheon at the Law School Justice O’Connor noted that a Citizens League, the Joint Religious and in the afternoon spoke at the system of choosing judges on the basis Legislative Coalition, and the annual bipartisan Legislative Policy of merit rather than through direct Minnesota AFL-CIO. Conference at the Hubert H. elections is critical to preserving judi- Justice O’Connor graduated Humphrey Institute of Public Affairs. cial impartiality and to avoiding the from Stanford Law School in 1952. She was accompanied by Theresa expense and acrimony of campaigns. Unable to find a firm that would hire Spahn, director of the Judicial The United States is the only nation in a woman lawyer, she worked in public Selection Initiative at the University of the world that elects judges, and service and in Europe while her Denver’s Institute for the Advancement people in other countries are very sur- husband was on military duty.From of the American Legal System. Justice prised when they hear about the 1965–69, she was Arizona’s Assistant O’Connor was the force behind for- process, she continued. Attorney General. She became an mation of the Initiative, intended to Among audience members were Arizona State Senator in 1969 and accelerate judicial selection reform. Minnesota Supreme Court Chief was re-elected twice, during which Law School Dean David Wippman Justice Eric J. Magnuson; former Chief time she helped Arizona create a merit offered welcoming remarks and intro- Justice Russell A.Anderson (’68); and selection system for judges. She was a duced speaker Leo Brisbois, head of Supreme Court Associate Justices G. judge in Arizona’s Maricopa County Minnesota’s Coalition for Impartial (’79), Lorie Skjerven Superior Court from 1975-79 and was Justice and president of the Minnesota Gildea, Helen Meyer, and then appointed to the Arizona Court State Bar Association. (’78).Additional members of the judi- of Appeals. In 1981, Ronald Reagan To the delight of the audience of ciary were Eighth Circuit Court of appointed her to the U.S. Supreme approximately 35, Justice O’Connor Appeals Judge Diana Murphy (’74) Court, the first woman to hold the also spoke. She mentioned Minnesota’s and District Court Judge Pamela G. post. She retired from the bench in highly respected leadership role across Alexander (’77). 2006. the nation and encouraged attendees Also attending were former At present, she is a Chancellor of to back judicial selection reform Minnesota Governor Al Quie, the College of William & Mary and a efforts, including Minnesota’s Impartial Minnesota’s Secretary of State Mark frequent speaker on judicial selection Court Amendment. In attendance at Ritchie, past and present leaders of the reform.

6 Perspectives S P R I N G 2 0 1 0 www.law.umn.edu AT THE LAW SCHOOL

Staff Hirings and Promotions

Dawn Hoover Erin Schlicht Nicholas Wallace joined the Law joined the Law (’05) is the new Library staff as Library on Jan. 11, director of admis- administrative 2010, as an access sions. He joined the director on Jan. 4, services librarian. Law School as asso- 2010. She will have She was previously ciate director of primary responsibility for many aspects the evening and weekend student admissions in 2007. From 2005 to of the Library's operation, including supervisor and a research assistant at the 2007, he was a research assistant and matters associated with the budget, the University of Wisconsin Law Library. then a research fellow at the Institute facility,and personnel. She has worked She received her master’s degree in on Race and Poverty.He completed for the Institute on Race and Poverty library and information science in 2009 his master’s degree in public policy at for the past five years. from the University of Washington. the Humphrey Institute of Public Affairs in 2006.

Nora Klaphake Jillene (Jill) (’94) has been pro- Seguin joined the Dinah Zebot moted to assistant Office of Advance- joined the Office of dean and chief of ment as an adminis- Advancement as staff in the dean’s trative specialist on assistant director of office. She has been Feb. 22, 2010. She alumni relations and chief of staff since 2008, helping will provide administrative leadership annual giving on develop and implement administrative in a variety of key areas, including gift March 29, 2010. Previously she was policies. Earlier, she was the Law processing and database management, assistant director of alumni relations for School’s director of employer relations and will assist with donor stewardship three years at Roosevelt University, and outreach and assistant director in reporting, special initiatives, and alumni Chicago, where she developed annual career services. She also worked with and donor events. She has been a cam- fund solicitation vehicles as well as Maslon Edelman Borman and Brand paign associate with the United Way of programs and strategies to engage as director of recruiting and profes- Duluth for the past 17 years. alumni. She received her B.A. in his- sional development. tory from Grinnell College in 2003.

> CHINA Study Abroad Program JUNE 18–JULY 23, 2010: FIVE-WEEK SUMMER STUDY PROGRAM

The University of Minnesota Law School Department of Asian Languages & and events. Several professional devel- and Renmin University (People’s Literature is offering optional courses opment and cultural evenings are University) of China School of Law in in both beginning and intermediate included in the program, featuring Beijing are offering students an opportu- Mandarin Chinese language—an oppor- practicing lawyers from international nity to experience China and to study tunity distinct to this program. and local law firms and government firsthand its economic, legal, and polit- The program, its academic content, agencies who share their insights on the ical systems. The 2010 China Summer and credit determinations are adminis- legal profession in China. Chinese natives Study Abroad Program runs from June tered by the Law School, overseen by also participate in discussions and activi- 18 to July 23. Dean David Wippman; Professor Fred ties surrounding Chinese culture. The program focuses on comparative Morrison, chair of the University’s As part of the hands-on learning law, taught by world-class faculty from International Programs Committee; and experience, students visit important both the Law School and Renmin’s law Khary Hornsby, director, and Paul Zhang, legal institutions in Beijing, including school. This year, Professor Prentiss Cox program assistant, in the Law School’s the National People’s Congress and the is teaching comparative consumer pro- Office of International and Graduate Supreme People’s Court. Optional visits tection and Adjunct Professor Niel Programs. to historical sites, such as the Great Wall, Willardson (’87) is teaching financial Renmin, in addition to assisting with Forbidden City, Tiananmen Square, institutions law. In addition, Professor instruction, provides cultural expertise and Summer Palace, are available on Wang Lin of the University of Minnesota and plans educational and cultural trips weekends.

www.law.umn.edu Perspectives S P R I N G 2 0 1 0 7 AT THE LAW SCHOOL

McGee Civil Rights Moot Court Competition Turns 25

Three members of Final Panel Top honors went to Washington with winners of 2009-10 McGee University School of Law in St. Louis National Civil Rights Competition, Team 1. Second place went to the Washington University at St. Louis University of St.Thomas Law School School of Law (left to right): Judge Team 2. Brooklyn Law School took Wilhelmina M. Wright, Minnesota third, and fourth place as well as best Court of Appeals; Coach John brief honors went to the University Kershman; team members James of Iowa College of Law.Jeremy Bayliss, Stanley, Katherine McRobbie, and a member of Washington University Ian Gross; Assistant U.S. Attorney School of Law’sTeam 2, won best oral Gerald Wilhelm (’73); and Judge advocate honors for both the prelimi- Joan N. Ericksen (’81), U.S. District nary rounds and overall. Court, District of Minnesota The Competition’s namesake, William E. McGee (’80), was the first Chief Judge Edward Toussaint Jr., Minnesota Court of Appeals, African American appointed Chief with Rose McGee at March 6 McGee Civil Rights Moot Court Public Defender in Minnesota. He Competition awards ceremony devoted much of his career to repre- senting the poor and underprivileged and advocating for human rights. He served as Executive Director at the Legal Rights Center, and in 1992 he received the Hennepin County Bar Professor Carl Warren (’75) (far Association Pro Bono Award and right) and moot court participants the Minnesota Minority Lawyers (left to right): Front row: John Association Leadership award. Betzler (’10), Jessie Oh (’11), and Mr. McGee passed away in 2000. Amber Tarver (’11); Back row: In celebration of the competition’s David Kim (’10) and John 25th year, Mrs. Rose McGee attended Mathews (’10) the welcoming dinner March 4.A rec- ognized poet, she presented an inspiring original composition,“Time to Switch it Up.”Prof. Myron Orfield, Director of the Law School’s Institute on Race > The William E. McGee National v.Dillard’s, Inc., 565 F.3d 464 (8th Cir. and Poverty,talked about the need and Civil Rights Moot Court Competition, 2009) (en banc), cert. denied, 2009 WL opportunities for attorneys to make a held March 4-6, 2010, marked its 25th 2946880 (U.S. 2009), 78 USLW 3130 difference in the area of civil rights. anniversary this year.The competition (U.S. Nov. 16, 2009) (No. 92-322). More than 160 attorneys and is sponsored by the Law School to The problem considered whether race- judges volunteered to judge the briefs promote interest in civil rights law based surveillance and hostility directed and oral arguments at this year’s com- and to develop the oral advocacy and at African-American patrons by petition.To express its appreciation for writing skills that are essential to suc- employees of a retail establishment their service, the Law School offered cessful appellate practitioners. Professor constitute “interference with protected them a continuing legal and judicial Carl M.Warren (’75) has been the contract interests” in violation of 42 education program on Feb. 5, 2010, advisor and overall competition super- U.S.C. §1981 and also whether such entitled “Shopping While Black: Do visor for 18 years. conduct violates the prohibition against §1981 and the Prohibition Against Thirty-three teams from 21 law public accommodation discrimination Public Accommodation Discrimination schools across the country participated set forth in the Missouri Human Provide Appropriate Relief Against its in this year’s competition case, Gregory Rights Act. Perils?”

8 Perspectives S P R I N G 2 0 1 0 www.law.umn.edu AT THE LAW SCHOOL

Winning the Lottery: Taking a Class from Justice Clarence Thomas

Front row, center, Justice Clarence Thomas; to his left, Prof. David Stras; with students in spring seminar Abigail Cerra (’10)

> Class enrollment at the University within earshot. My classmates and I are more susceptible to make or advo- of Minnesota Law School is adminis- universally regarded him as engaging, cate for a decision based on the desired tered as a lottery.Students who really warm and solicitous. outcome instead of sound legal rea- want to take a class must put it at the The Justice was also candid about soning.Acknowledging this tension in top of their list, cross their fingers, and decisions that were unpopular or the law enables us to address legal con- hope to get in.When Professor Stras difficult to make.As an example, he flicts honestly and effectively—a para- announced that U.S. Supreme Court brought up the Haitian refugee cases digm conspicuously absent from most Justice Clarence Thomas, for whom he from the early 1990s.Although he was law school curricula. clerked, would be teaching a seminar moved to provide relief to the There is edifying value in dispelling this spring, I put it at the top of my refugees, he had to “use self-restraint myths of public figures.We get closer list.A few months later I won the lot- to avoid the urge to go outside the to the truth when we can see the tery.I was enrolled for a weeklong bounds of the law,”he said.Thomas humanness in our opponents; we are seminar with Justice Thomas. emphasized the importance of disci- obliged to attack the reasoning and not Prior to enrolling in the class, my pline in adhering to his role as a judge the person. Responding to challenges impression of the Justice was informed and not adopting the role of lawmaker. from the Justice forced me to think only by the mass media and the few As he explained, there is sometimes a hard about my own opinions, to opinions of his I was assigned to read. difference between what one wants to grapple with the tough questions I Journalists labeled him “the quiet do and what one is authorized to do. once thought were easy. Justice,”and his writings were usually When the Justice described ago- I benefited tremendously from concise, emotionless rebuttals to a nizing over some decisions, I began to taking a seminar from the Justice who majority decision. I imagined he understand the real difficulty of being a is perhaps farthest from me on the would be a cerebral and pedant lec- judge:The rub is not so much in fig- political spectrum, and I hope that turer—sort of a meta law professor. uring out what the law says, but rather other students will have a similar My misconceptions of Justice in reaching an outcome you can live opportunity in the future. One student Thomas were dispelled within minutes with given what the law compels. gaily approached me after class and of meeting of him. He led an enthusi- Through his candor,Thomas demon- told me I was “all grown up” for con- astic repartee with the class, peppering strated how human struggle is one of ceding a point to Justice Thomas. His the discussion with jokes and anec- the main components of the judicial joy at my concession demonstrated the dotes. He took questions directly from process, and this was perhaps the most need for someone equal in stature to a the students and held extra office valuable lesson of his seminar. He Supreme Court Justice to provide hours to meet one-on-one. If he found emphasized that the law is rarely a another political and ideological per- a student’s comment (or his own) simple algorithm, scientific and easy to spective to students. humorous, he erupted in a deep belly apply.If we, the legal community, laugh that was contagious to anyone ignore the human aspect of a case, we By Abigail Cerra (‘10)

www.law.umn.edu Perspectives S P R I N G 2 0 1 0 9 AT THE LAW SCHOOL

law library makes journals a priority

Most top-ranked law schools publish multiple we dedicate a significant portion of our time law journals and the University of Minnesota and attention to the journals. Each journal Law School is no exception. In addition to is assigned a librarian liaison, who ensures the Law School’s faculty-edited journal, that library services are tailored to its particular Constitutional Commentary, there are three needs. Students writing for publication in a student-edited journals: Minnesota Law journal receive personalized research consulta- Review, Law & Inequality:A Journal of tions and in-depth assistance in locating hard- Theory and Practice, and Minnesota Journal to-find sources.We streamline the tracking of International Law. Recently,two addi- of materials collected by each journal through tional journals, edited by both students and special lending procedures. In addition, we faculty,joined the list: Minnesota Journal of facilitate use of the library by providing Law, Science & Technology and the ABA journals with office space and study carrels. Journal of Labor & Employment Law. We are pleased to provide this level of Close to 180 law students and faculty support to the journals at the University of participate as editors or staff members of these Minnesota Law School.Working with the journals, which are on track to produce students and faculty involved is extremely 18 journal issues containing more than 120 rewarding.They provide us with the opportu- articles during the current academic year. nity to utilize our expertise and to tap the Producing so many articles in a given breadth and depth of our library collections. year requires intellectual talent, hard work, In the process, we all help the Law School and dedication. In addition, it requires the advance legal scholarship. support of a strong law library that ranks the needs of in-house journals as a top priority. By Suzanne Thorpe, Law Library Associate Director At the University of Minnesota Law Library, for Faculty, Research, and Instructional Services

10 Perspectives S P R I N G 2 0 1 0 www.law.umn.edu AT THE LAW SCHOOL

> “Personnel at the Circulation desk walk new staffers of Law & Inequality through the source-finding process. Reference librarians help staffers find obscure sources and are invaluable in correctly citing uncommon materials or tricky international sources.”

Jennifer Cornell (’10) (right), Editor-in-Chief, and Jill McKiernan (’10) (left), Executive Editor, Law and Inequality: A Journal of Theory and Practice

> “In 2009, the Law School became the new home of the ABA Journal of Labor & Employment Law (formerly The Labor Lawyer). The journal posed a unique challenge for student editors. We had to transplant a publication with a 24-year history and a 28,000 readership from its former home to the Law School and run it with a staff one-third the size of any other in-house journal. Efficiency was essential, and we relied on the advice of Associate Director Suzanne Thorpe when crafting our policies on authoritative digital source material. Thorpe played a key role in our staff training, introducing 2Ls with limited experience in labor and employment law to the specific, topical resources on which practitioners rely, and helping student authors develop research plans for potential articles.” Jack Sullivan (’10), Editor-in-Chief, ABA Journal of Labor & Employment Law

> “Meeting the challenges of the Minnesota Journal of International Law would be nearly impossible without the expertise of the librarians and access to the Law Library’s collections. As more and more authors research online, determining if a particular source exists in print, and if not, which electronic database will provide an authoritative copy, can be very difficult. Mary Rumsey is of invaluable assistance in answering those questions and deciphering and tracking down esoteric sources.”

George H. Norris (’10) (left) and Erin L. Fraser (’10) (right), Co-Editors-in-Chief, Minnesota Journal of International Law, with Library Professor Mary Rumsey (center)

> “Our authors include lawyers, research scientists, healthcare professionals, bioethicists, and business people. Consequently, we rely on the Law Library to connect us not only with traditional legal resources but also with digital resources across the world. The librarians have helped us with everything from creating a cross-disciplinary research manual to tracking down and translating Dutch physics articles. The support they provide extends well beyond the Law Library’s walls.”

Leili Fatehi (’10), Editor-in-Chief, Minnesota Journal of Law, Science & Technology

> “The Minnesota Law Review is pretty much in the business of making obscure requests of our reference librarians, during both the racking and citechecking processes. Our law librarians are well-acquainted with both of these processes and are absolutely invaluable to us as a journal. I could think of countless examples: One occurred last year, when I was looking for hard copies (required by my journal) of former presidential speeches. These speeches had been removed from the website shortly before the 2008 election, and were not yet in the presidential papers, but Mary Rumsey nonetheless found the most official, and paper, copy of the speeches available. In the same afternoon, no less.” Kristin Zinsmaster (’10), Editor-in-Chief, Minnesota Law Review

www.law.umn.edu Perspectives S P R I N G 2 0 1 0 11 AT THE LAW SCHOOL

Judicial Independence Forum Reviews Quie Commission Recommendations

> On January 28, the Law School Anderson, Lipman, andVasaly judicial independence and judicial and the student chapter of the Federalist served on the Citizens Commission for accountability.At the end of the Society hosted “A Forum on Judicial the Preservation of an Impartial Forum, students were asked to vote in Independence” featuring a discussion Judiciary,commonly known as the a straw poll for their favorite proposal. of the state of judicial elections in Quie Commission because it was Panelists, students, faculty,and Minnesota and some options for chaired by former Minnesota guests continued the discussion infor- improving the current system.The four Governor Al Quie.The Commission mally at a reception in Auerbach panelists were Minnesota Supreme was formed in 2006 to review the Commons, where the vote totals were Court Justice G. Barry Anderson (’79), effects of the White decision and make announced.Although there was no Administrative Law Judge and former recommendations for changes in clear winner, the majority recommen- State Representative Eric Lipman, Minnesota’s judicial selection method. dation of the Quie Commission—a former president of the Hennepin Dean David Wippman offered system of gubernatorial appointments County Bar Association MaryVasaly introductory remarks, and Kimberly followed by retention elections— (’83), and Mohrman & Kaardal co- Crockett, president of the Minnesota earned support of a plurality of the founder William Mohrman. Lawyer’s Chapter of the Federalist students in attendance. Mohrman was the litigator who Society,moderated the discussion. Each Video of the Forum is available successfully challenged restrictions on panelist presented a different recom- at www.law.umn.edu/news/quie- campaign speech in Minnesota’s judi- mendation, and questions were commission-1-8-2010.html. cial elections before the U.S. Supreme solicited from the faculty,students, and Court in 2002 (Republican Party of lawyers in attendance. Conversation By T. Evan (Thos) Fisher (’11), president, Minnesota v.White). focused on striking a balance between Federalist Society student chapter

Tribute to Law Librarian Arlette Soderberg

> Arlette Soderberg, a distin- 1986 she received the organization’s guished law librarian and assistant pro- Law Librarianship Award. fessor of law at the University of When Soderberg retired to her Minnesota Law Library,died on March home on Deer Lake in St. Croix Falls, 22, 2010, at the age of 92. Her tenure Wisc., former Dean Maynard E. Pirsig at the Law Library spanned 36 years, stated that “the Law School is losing an during which she made important able, dedicated and beloved librarian.” contributions to collection develop- In her 90s, she found a way to main- ment and circulation and provided tain her independent determination countless law students and faculty with and stay in her home through the vital research support. In addition, she HomeShare St. Croix program. was instrumental in the development Ms. Soderberg’s generous spirit and organization of the Arthur C. and exhaustive knowledge of legal Pulling Rare Books Collection. research are legendary. They live on Born in Dresser,Wisc., Soderberg in the Minnesota Legal Research Guide, graduated from Gustavus Adolphus which she co-authored in 1985.This College with a B.A. in history and scholarly text is recognized as an indis- English and a teaching certificate, and pensable tool for the Minnesota legal in 1951 she completed a B.S. in library community. science at the University of Minnesota. She is survived by a niece and four She taught high school for several years nephews. before joining the Law Library.From 1959 to 1962, she served as vice presi- By Suzanne Thorpe, Law Library Associate dent and president of the Minnesota Director for Faculty, Research, and Association of Law Libraries, and in Instructional Services

12 Perspectives S P R I N G 2 0 1 0 www.law.umn.edu AT THE LAW SCHOOL Law & Inequality Hosts Symposium on Family Values

Clockwise, from left: Prof. Catherine E. Smith, University of Denver; Prof. Holning S. Lau, University of North Carolina; and Prof. Judith T. Younger, Law School

> On April 9, 2010, the Law “Standing in the Shadows:The Rights Morris, Immigration Equality,in a dis- School’s Law & Inequality:A Journal of of Children with Same-Sex Couples,” cussion of the intricacies and problems Theory & Practice hosted a symposium and Prof. Marie Failinger of Hamline that non-traditional families face in entitled “FamilyValues: Law & the University discussing “Ophelia with immigration law. Modern American Family.”The sym- Child:A Restorative Approach to In the final panel,“State Initiatives, posium brought together nationally Legal Decision-Making by Teen Legislation & Litigation,”Minnesota recognized scholars, practicing attor- Mothers.” State Representative led neys, and advocacy organizations to For the panel “Same Sex Marriage a discussion of the state of the law discuss the present state of the law and Beyond,”Law School Prof. Dale regarding non-traditional families in affecting nontraditional families in the Carpenter led a discussion on issues Minnesota, Iowa, and Wisconsin.The United States. More than 150 people related to same sex marriage and other panel included Katie Belanger, attended throughout the day,including non-traditional family configurations. Executive Director of Fair Wisconsin; attorneys obtaining CLE credit, web- Joining Prof. Carpenter were Prof. Brad Clark, Campaign Director of cast viewers, and law and undergrad- Edward Stein, who delivered the One Iowa; and Phil Duran, Legal uate students.The program featured keynote address,“Looking Beyond Full Director for Outfront Minnesota. four panels exploring issues affecting Relationship Recognition for Couples The discussion examined the different non-traditional families and a keynote Regardless of Sex:Abolition, legal situations faced by non-traditional speech by Prof. Edward Stein of the Alternatives, and/or Functionalism”; families in each state (same-sex mar- Benjamin N. Cardozo School of Law. Prof. Elizabeth M. Glazer of Hofstra riage in Iowa, legislative domestic After an introduction by Assistant Law School discussing “Standards and partnerships with a constitutional Dean of Students Erin Keyes, Law Deviations”; Jonathan Rauch, jour- amendment banning same-sex mar- School Prof. Judith T. Younger led the nalist and guest scholar at the riage and civil unions in Wisconsin, panel “Family Law Issues for Non- Brookings Institution discussing “Red and neither in Minnesota) as well as Traditional Families.”Panelists included Families, Blue Families, Gay Families, strategies for change. Prof.Thomas P.Gallanis of the and the Search for a New Normal”; Prof.Younger offered concluding University of Iowa discussing “The and Prof. Eileen Scallen of the William remarks, summarizing the day’s discus- Flexible Family in Three Dimensions,” Mitchell College of Law. sions with her trademark candor and Prof. Holning S. Lau of the University In “Immigration Issues Facing wit. Law & Inequality thanks everyone of North Carolina discussing “The Non-Traditional Families,”Howard S. who attended, participated, and made Effects of Legally Recognizing Same- (Sam) Myers III of Myers Thompson this year’s symposium possible and Sex Unions on Health and Well- led a panel including Laura J. looks forward to next year. Being,”Prof. Catherine E. Smith of Danielson, Fredrikson & Byron;Angela the University of Denver discussing Bortel,The Bortel Firm; and Aaron C. By Aaron Welo (’10) www.law.umn.edu Perspectives S P R I N G 2 0 1 0 13 AT THE LAW SCHOOL

New Curriculum Selections in 2010

International Human Rights Capstone Courses clients and potential witnesses. The Clinic attorneys obtain information from the > An innovative capstone course in role-players and then determine what > The new Human Rights Litigation labor and employment law is being legal claims and defenses to pursue and and International Legal Advocacy Clinic, offered for the first time the spring 2010 how to pursue them (in negotiation, under the directorship of Prof. Jennifer semester, co-taught by Prof. Laura J. arbitration, mediation, state or federal M. Green, has joined the Law School’s Cooper and Adjunct Prof. Karen G. administrative or judicial forums). clinical program. It is being offered as a Schanfield (’78), a shareholder at During classroom sessions, Eric one-semester, four-credit course the Fredrikson & Byron. Cooperstein (’90 ), R. Ann Huntrods spring 2010 semester, but beginning in Students are learning how to inte- (’81), Douglas Micko (’99), Andrea the fall of 2010, it will be a two-semester, grate diverse areas of labor and employ- Rubenstein (’77), and other local attor- seven-credit course. ment law, developing practice skills, and neys are sharing their expertise and The new clinic gives students experi- addressing ethics and professionalism offering students guidance in addressing ence in human rights advocacy through issues in a comprehensive simulation the issues confronted in the simulation. direct participation in supervised clinical that replicates, as nearly as possible, Another new spring 2010 capstone projects and provides skill-building exer- what practicing attorneys would do in offering is health law compliance, led cises through classroom training. Direct resolving workplace legal claims. by Prof. Ralph Hall. Student teams are experience includes advocacy on various Cooper designed the simulation identifying legal issues and applying human rights issues in such forums as course with a national advisory panel them toward practical solutions for the United Nations, the Inter-American from The Labor Law Group and the ABA questions faced by a fictional medical human rights system, federal and state Section of Labor and Employment Law start-up company. The simulation offers courts, and coalitions of nongovern- to provide experience in the issues and experience with real-life workplace prob- mental human rights organizations. skills that practicing attorneys consider lems and ethical issues encountered in In the classroom, students learn the most important for new labor and the practice of health law. core lawyering skills of interviewing, employment attorneys. An environmental law capstone counseling, negotiation, and legal ethics Thirteen student “attorneys” are rep- course was introduced in the fall of in practice. They receive training in inter- resenting a doctor, a nurse, a hospital, 2009, led by Prof. Alexandra Klass. It view techniques for human rights docu- and a union. Andrea Kaufman (’85) is focuses on the cleanup, redevelopment, mentation, the effects of post-traumatic playing the role of the hospital’s human and litigation of brownfields and stress syndrome, the effects on attor- resources director, and seven other features guest speakers and simulations neys of secondary trauma, and types of people (an actor, a doctor, law students, of community meetings and court oral and written human rights advocacy. and a law professor) are portraying proceedings.

> A program to help students prepare for the Law School Admissions Test (LSAT) will be offered at the Law School from June 5 to Aug. 11, 2010. The class will meet once, and occasionally twice, a week and will be limited to 25 students. > LSAT The comprehensive workshop will cover all sections of the LSAT and the skills required Prep Program to complete them. The program will include mentoring, assistance with applications and essays, and help with other questions. In addition, students will have the opportunity to Offered This hear relevant speakers, and post-program follow-up will be provided. Summer The LSAT Prep Program is sponsored by the Law School Office of Admissions. For more information, contact Rachel J. Martínez, Associate Director of Admissions, at 612-626-1103 or [email protected].

14 Perspectives S P R I N G 2 0 1 0 www.law.umn.edu AT THE LAW SCHOOL

Sally Barringer Gordon Sally Barringer Gordon (far right) speaks with guests at reception following her Dean Wippman, Sally Gordon, Kristine Erickson (’72), and Prof. Barbara Welke Erickson Legal History lecture

Ronald A. and Kristine S. Erickson Legal History Lecture

> On March 10, 2010, Sarah (Sally) struggled to determine the dividing line has taught courses on church and state, Barringer Gordon, Arlin M. Adams between religious and legislative issues property, American religious history, and Professor of Constitutional Law and and create sound constitutional stan- legal history. Gordon received her J.D. in Professor of History at the University dards. Controversies arose in all corners 1986 and her M.A.R. in 1987 from Yale. of Pennsylvania, presented the Ronald A. of society, involving education, incarcer- She clerked for the Hon. Arlin M. Adams, and Kristine S. Erickson Legal History ation, marriage, public funding, and U.S. Third Circuit Court of Appeals, in Lecture, entitled “The Spirit of the Law: more, bringing about some of the most 1986-87 and completed her Ph.D. in his- Religion and the Constitution in Modern contentious court battles of the time. tory at Princeton in 1995. America.” Gordon’s perspective on the Constitution Ronald A. (’60) and Kristine S. (’72) Gordon’s talk was based on her through the lens of religious believers Erickson are long-standing supporters of book of the same name, released in April and dissenters brought both legal and the Law School and the University of 2010 by Harvard University Press. She religious history into everyday life. Minnesota. The Ericksons’ philanthropic described the wide-ranging effects of Gordon joined the University of investment in the Law School’s Legal the U.S. Supreme Court’s decision to Pennsylvania Law School in 1994 and History Program supports this lecture extended the Constitution’s religion received her joint appointment with the series and other aspects of the Legal clauses to all state and local govern- Department of History in 1998. From History Program. The Ronald A. and ments in the mid-20th century. Religious 2000-02 she served as Associate Dean Kristine S. Erickson Legal History groups and individuals turned to courts for Academic Affairs. She was appointed Lecture Series is named in recognition of to protect their rights, while courts Arlin M. Adams Professor in 2006 and their leadership and generosity.

Summer Legal Institute Returns in July

> Building on the success of its learn basic legal reasoning and analysis, Institute, which is free to students, will inaugural offering last year, the Law prepare mock trial oral arguments, and receive support this year from a grant School and Just the Beginning take field trips to law firms, court- developed and administered by the Foundation (JTBF) are hosting a Twin houses, and government offices. JTBF University’s College Readiness Cities Summer Legal Institute from Scholars take away experiences that are Consortium to help students prepare July 6-16, 2010. Part of JTBF’s Pipeline helpful and applicable in any college for college and equip them to succeed. Programming to support higher edu- curriculum as well as skills, resources, JTBF was founded in 1992 in cation goals for young persons from and the confidence to pursue a career Chicago to preserve the rich experi- diverse backgrounds, the Institute in law.At the end of the Summer ences of judges and lawyers of color. Its introduces Minnesota high school stu- Legal Institute program, parents attend focus has evolved to emphasize oppor- dents to the legal profession and its a closing ceremony recognizing their tunities for young persons from diverse opportunities. children’s accomplishments. backgrounds. This year, about 40 “JTBF Scholars” In addition to generous corporate Email [email protected] for more will hear lectures and panel discussions, sponsorships, the Summer Legal information.

www.law.umn.edu Perspectives S P R I N G 2 0 1 0 15 AT THE LAW SCHOOL

Ways to Give >

Class of 1969 James H. Michael developed a passion for immigrant Scholarship Fund Scholarship Fund rights while teaching in the Rio GrandeValley of Texas with Teach for > Rallying round the theme of America and decided to pursue a law “Giving Back” to commemorate its degree and a career in human rights. 40th anniversary,the Class of 1969 has thus far contributed more than 3M Gives Royalty-Bearing $217,000 toward a scholarship fund at Patents the Law School, surpassing all previous Law School class fundraising efforts. > St. Paul-based 3M has more than More than 40% of the class has already 560 patents for its innovative products donated, and the Class Gift Committee and technology.In February,through hopes to increase the total before the efforts of Raymond Eby (’98), a efforts conclude on June 30, 2010. manager in 3M’s Corporate Amidst dinner, drinks, and Development Group, and Mike Geise catching-up conversation at last April’s James Michael (right) and his son, Jeff, at Annual (’05), Office of Intellectual Property class reunion, classmates realized that Scholarship Dinner counsel, the company made a gift of many of them had contributed greatly some of those royalty-bearing patents to their professions and communities, > James Michael’s (’47) strong to the Law School and the University and also that their Law School years interest in advocating for human rights had provided opportunities and rela- and promoting the rule of law date Raymond Eby (’98) and Michael Geise (’05) tionships that enriched and benefited back to his service in World War II. their lives and careers.They decided to He was a member of the 42nd > St. Paul-based 3M has more than establish a scholarship fund to give “Rainbow” Infantry Division, best 560 patents for its innovative products back for the advantages they enjoyed known for liberating prisoners at the and technology.In February,through from their Law School education. Dachau concentration camp in April the efforts of Raymond Eby (’98), a As Class Gift Committee co-chairs 1945.The experience stayed with him manager in 3M’s Corporate Judy Oakes and Joe Dixon articulate, throughout his life. Development Group, and Mike Geise “Doing so would provide the benefits In business, Michael carried the (’05), Office of Intellectual Property and opportunities that the Class of lessons of early legal training into his counsel, the company made a gift of 1969 enjoyed and appreciated to the endeavors, whether that be managing some of those royalty-bearing patents current generation and enable the tra- buildings, constructing new buildings, to the Law School and the University dition of giving back to continue.” or establishing successful businesses. of Minnesota Office for Technology Others on the Committee are Jeffrey The most familiar of his commercial Commercialization (OTC). Brooke, Charles Diessner, Gerald enterprises is Michael Foods, a leading The patents, with an estimated Duffy,James Erickson, Barry Feld, processor and distributor of egg and value of $760,500, are expected to Larke Huntley,Bill Johnstone,Vance refrigerated potato products.“My father generate revenue approaching $2 mil- Opperman, Steve Rubin, Gerald Seck, often reflected on his time at the Law lion over the next five years. Revenue Reginald Steer, Charles Swope, and School as a foundation for his varied will be divided between the Law Robert Weinstine. business pursuits,”says his son, Jeff. School and the OTC, a unit of the The Class of 1969 Scholarship will In January 2010, Michael found a University’s Office of theVice be eligible for the President’s way to both support human rights and President for Research that nurtures, Scholarship Match Program, which recognize his alma mater by creating protects, and licenses University- matches the fund pay-out dollar for and endowing the James H. Michael developed technologies. dollar, essentially doubling the impact Scholarship Fund at the Law School. It “3M is very pleased to be able to of the gift. will provide financial assistance to Law make this gift, particularly to support To contribute, go to www.giving. School students, in particular students the Law School’s important and umn.edu for online giving or mail who share his interest in global human innovative work on complex and fast- gifts to Jill Seguin,Advancement rights and international affairs. changing issues,”says Eby.“We believe Office, Suite 321, UMN Law School, At the annual Scholarship Recog- that great legal scholarship and high- 229 19th Ave. S., Minneapolis, MN nition Dinner in March, Michael met quality legal education are critical to 55406 (write “1969 Scholarship” in the inaugural recipient of his scholar- sound policy and best practices for the memo line). ship, Matthew Webster (’11).Webster the future. Investing in legal excellence

16 Perspectives S P R I N G 2 0 1 0 www.law.umn.edu AT THE LAW SCHOOL

and technology is vital to ensure ethical and professionalism issues that Minnesota’s role as a national leader are sometimes confronted in practice. in the years to come.” The program paired 17 of the The newly established 3M Fund firm’s experienced attorneys, who for Law,Science and Technology at the volunteered to act as mentors, with Law School will be used for various 17 Law School students. Students had programs and initiatives in teaching been asked to write a personal ethics and research. mission and identify specific lawyering experiences they would like to partici- Mentoring Program by pate in or observe. Winthrop & Weinstine The new Winthrop & Weinstine Diversity Mentorship pilot was organ- > In January 2010, the Minneapolis ized in partnership with the Law Clayton W. Chan (’00), Alan Haynes, and Vic Massaglia firm of Winthrop & Weinstine under- School and its Career and Professional took a pilot mentoring program, Development Center through the law,ethics, and professionalism.” chaired by shareholder Clayton W. efforts of Director Alan Haynes and Winthrop & Weinstine President Chan (’00), to address minority Law Career AdvisorVictor Massaglia.“We Scott J. Dongoske comments,“We are School students’ needs.The program created this mentorship opportunity to so proud to be a part of this. I was a kicked off with a reception at the offer a highly structured program that law student once [Harvard, ’83] and firm’s offices, where mentors and stu- would take into consideration the remember how daunting the profes- dents met and discussed plans for per- strengths and interests of both the stu- sion seemed.We hope to give these sonal and professional development. In dents and the attorneys,”says Haynes. students a good launching point and future meetings, mentors will acquaint “This pilot program fits very well with help them to understand what is students with everyday aspects of the some of the curriculum reform efforts involved so they can fully prepare and practice of law and introduce them to emphasizing student appreciation of be ready for the legal world.”

Planned Gifts Increase Giving Value >

> Charitable giving need not School after a specified term or the “by supporting the Law School, I feel always depend on what is in the death of the donor. like a participant in the important checking account. Planned gifts can be Recently,several donors made sig- research and writing being done by arranged to allow even greater financial nificant bequest commitments to the faculty.”The class of 1963 alum com- support for the Law School with less Law School. Bob Owens (’69) decided ments that “without maintaining a strain on the pocketbook than writing to make an estate gift “primarily first-rank law school in Minnesota, the a check. because I was so appreciative of the quality of legal work performed by A gift made through an estate great legal education I got at the Law Minnesota lawyers will suffer.Without also can reduce estate taxes.The most School and wanted to make sure those generous giving to the Law School, it common planned gift is a bequest from opportunities remain available for other will be unable to get and retain the a will or revocable trust.Testamentary people.”Owens realizes that “more best faculty and attract the best stu- gifts also can be made from IRAs, alumni need to step up to the plate” dents.”As for tax benefits:“Because of 401(k)s, and other retirement accounts because of cutbacks in state funding. the taxes saved by the [testamentary] very easily by filling out a simple Giving through estate planning allows gift from the IRA, there is much more beneficiary designation form. Other him, he says,“to leave a legacy in a money available to accomplish my planned giving options include chari- way that will benefit the institution for, philanthropic goals.” table gift annuities and charitable hopefully,years to come. It is a very For information about planned remainder trusts, which can provide easy way to make a significant gift.” gifts, contact Associate Director of current income to donors with the Another donor, who recently made Advancement Joe Thiegs (’99) at 612- remaining principal going to the Law a large bequest commitment, says that 626-5363 or [email protected].

www.law.umn.edu Perspectives S P R I N G 2 0 1 0 17 AT THE LAW SCHOOL

Roundtable Takes Hard Look at Human Trafficking

a historical perspective of current human trafficking issues by tracing the effects of the transatlantic slave trade on modern-day African families. The roundtable concluded with a discussion of troubling racial imagery—caricatured depictions of dark-skinned blacks with exaggerated eyes and lips and over-sexualized women—in a photo exhibit of items being sold to tourists in the Cuban Prof. Michele Goodwin leading discussion Prof. Maria Grahn-Farley, Albany Law School, delivering marketplace. on human trafficking address on trafficking and children The international human traf- ficking series intends to address what > Experts in human trafficking, trafficking victims and survivors in the Obama administration calls “the international criminal law,international Minnesota, including Beatríz Menan- fight against human trafficking” (see children’s issues, victimized popula- teau from the Women’s Human Rights www.state.gov/secretary/rm/2009a/06 tions, and other human rights fields Program of The Advocates for Human /125009.htm) by examining trafficking assembled at the Law School on Rights and Linda Miller from Civil in its many manifestations. Members April 2 for the 2010 International Society,highlighted obstacles to justice of the scientific committee involved Roundtable on Human Trafficking, the in local trafficking cases. In attendance with the series are Professors Song first in a human trafficking series were local women who had once been Richardson, DePaul University organized by Michele Bratcher trafficked—a testament to their College of Law; Elizabeth Sussekind, Goodwin, Everett Fraser Professor of endurance and perseverance as well as Catholic University of Rio de Janeiro; Law.Goodwin, convener of the round- a unique opportunity to put a face on Dorothy A. Brown, Emory University table, also holds joint appointments at human trafficking in Minnesota. Law School; Glenn Cohen, Harvard the University of Minnesota Medical Sara Dillon, Suffolk University Law Law School;Abbe Gluck, Columbia School and School of Public Health School, articulated the effects of sex University Law School; and Mary and is a prolific author and researcher trafficking on women and children. Simmerling,Weill Cornell Medical on such issues as reproductive law, Maria Grahn-Farley,Albany Law College. medical tourism, organ transplantation, School, argued for legal alternatives The next meeting will be in Brazil law and status, and socioeconomics in to current legislation that targets traf- in May 2010, with Professor Goodwin medicine. ficking victims, and Song Richardson, leading a discussion on international Roundtable participants engaged DePaul University College of Law,led organ trafficking issues.The series is students, scholars, legal practitioners, participants in crafting new definitions supported, in part, by a grant from the and community members in dynamic and ways of reconciling the language Robina Foundation. discussions about a variety of issues, of trafficking. including international drug and sex Harriet A.Washington, author By Nicole Elsasser Watson (’11) trafficking, trafficking of human tissues, of the award-winning Medical and the dark side of adoption. Some Apartheid:The Dark History of participants also shared moving per- Medical Experimentation on Black sonal experiences. Luz E. Nagle, Americans from Colonial Times to Stetson University College of Law,for the Present, made historical con- example, told of surviving assassination nections to the racially skewed attempts as a judge in Columbia, and medical demand for human tissues David M. Smolin, Cumberland School and current problems in medical of Law,described the painful discovery research. In addition, Emma that his adoptive daughters had been Christopher,Australian Research trafficked—essentially stolen from their Fellow at the University of mother in India. and Gilder Lehrman Legal practitioners who work with Fellow atYale University,offered

One of several photographs by Prof. Michele Goodwin capturing images of typical racialized craft items promoted widely to tourists in Cuba >

18 Perspectives S P R I N G 2 0 1 0 www.law.umn.edu AT THE LAW SCHOOL

Conservative & Libertarian Legal Colloquium Held in April

> The second Minnesota • Professor Jonathan Adler, Director Conservative & Libertarian Legal of the Center for Business Law and Colloquium was held at the Law Regulation at Case Western School on April 16, 2010. Entitled Reserve University School of Law “Conservative and Libertarian • Assistant Professor Joshua Wright of Reactions to the FirstYear of the George Mason University School Obama Administration,”the of Law,an antitrust and slotting Colloquium featured a discussion by a allowances expert who holds a panel of legal experts regarding the Ph.D. in economics Prof. John McGinnis, Northwestern University administration’s successes and failures, School of Law from bank bailouts to health care. Panelists representing the Law Participants also offered predictions for School were Associate Professor Kristin moderated the discussion. the future.Visiting panelists: E. Hickman; Professor Richard Painter, The mission of the Colloquium, • Professor John McGinnis of S.Walter Richey Professor of which is sponsored by the Law School, Northwestern University School of Corporate Law; and Professor David is to foster discussion of important Law,an expert in constitutional and Stras,Vance K. Opperman Research legal issues among conservatives and international law and 1997 winner Scholar and Co-Director of the libertarians. It was founded by of the Paul M. Bator Award from Institute for Law and Politics. Dale Professors Carpenter and Stras in the Federalist Society,given to an Carpenter, Earl R. Larson Professor of October 2008, and they serve as co- outstanding academic under 40 Civil Rights and Civil Liberties Law, chairs along with Professor Hickman.

ANNOUNCING Minn. Supreme Court Holds e>Perspectives Session at Law School

On March 2, 2010, 1Ls had the opportunity to hear attorneys present the argument in Minnesota Asbestos Litigation, Case No. A08- The first edition of 2222, before Minnesota Supreme Court justices. the quarterly online The case focused on the lower-level courts’ e>Perspectives, authority regarding prelitigation discovery and debuted this spring. It contains discovery not provided for in the Minnesota news, announcements, CLE Rules of Civil Procedure. The one-hour special opportunities, exclusive stories, session was organized specifically for 1Ls and and many more Law School was followed by a Q&A period. highlights. As it evolves, we ask Minnesota Supreme Court participants were for your feedback to make it a Chief Justice Eric J. Magnuson and Associate more valuable resource for you. Justices G. Barry Anderson (‘79), Paul H. Anderson (’68), Christopher J. Dietzen, Lorie S. Gildea, Helen M. Meyer, and Alan C. Page (’78). Among the justices’ law clerks were Katherine To view the newsletter, Sewell (’08), Benjamin Weeks (’09), and click on e>Perspectives on Noreen Johnson (’09). the Law School’s home page or go to Participating attorneys were Robert E. www.law.umn.edu/eperspectives/spring2010/news-and-events.html. Cattanach and Colin Wicker of Dorsey & Whitney, Daniel E. Hintz (’99) and Mark K. To receive an e-mail alert when the new issue is posted, or if you have Peschel (’84) of Johnson & Lindberg, and suggestions or comments, write to [email protected]. Michael S. Polk, Michael R. Strom (’85), and Shawna M. Verheyen of Sieben Polk.

www.law.umn.edu Perspectives S P R I N G 2 0 1 0 19 20 Perspectives S P R I N G 2 0 1 0 www.law.umn.edu Rights on Their Side

Alumni fight for human rights on U.S. and global fronts.

BY CATHY MADISON

Don Fraser (right) and Douglas Johnson In December 1988, 40 years after (left), executive director, Center for the Universal Declaration of Human Rights, the Victims of Torture University of Minnesota Human Rights Center,

housed in the Law School, set out to promote a > DON FRASER Class of 1948 culture of human rights and responsibilities and train advocates, professionals, and volunteers. Its “When we measure progress in human rights issues, we accomplishments, including its library of more have to look at decades to see if there has been a change,” than 60,000 documents, are legion. But long says Don Fraser, former state senator, U.S. congressman, and the longest-serving mayor (1979-93) in Minneapolis before this highly visible symbol of the Law history.“It’s hard to measure. It’s not rapid. It’s incremental. School’s commitment to human rights took form, It happens here and there, and then there are regressions.” After spending more than six decades shaping and its graduates were carrying the torch in myriad implementing policy at city,state, and national legislative ways: through political careers, military service, levels, Fraser has mastered the long view.The former U.S. representative from Minnesota’s 5th District (1962-78) academic endeavors, and dedicated volunteer recounts a trip he took in the late ’80s to Central America, paths. Here are some of their stories. where he visited anticommunist activist Jose Napoleon Duarte, then president of El Salvador. “He said that when he used to come up to Washington, D.C., I was the only member of Congress who would see him,”Fraser says.“The fact that we took an interest in human rights issues provided some folks

Photo Illustration: Stephen Webster from Third World countries a place where they could

www.law.umn.edu Perspectives S P R I N G 2 0 1 0 21 RIGHTS ON THEIR SIDE come and tell their stories.” It wasn’t always so.“When we first started, most people in the State Department thought of human rights issues as nuisance issues that got in the way of diplomacy,”he recalls. Eventually,“that attitude changed.” Fraser’s passion for human rights surfaced early on when, as a two-term Minnesota state senator, he authored the Fair Housing Law to ban discrimination and actively supported civil rights legislation. But when he was elected Sam Heins speaking to U.S. Congress and took a seat on the House Foreign at Outstanding Affairs Committee, he found no systematic exploration of Achievement Award these issues. reception this spring As chair of the Subcommittee on International Organizations and Movements, Fraser launched extensive hearings that highlighted our country’s unfortunate > SAM HEINS Class of 1972 embrace of “governments which practice torture and unabashedly violate almost every human rights guarantee pronounced by the world community.”Fraser helped enact When Sam Heins attended law school, he took no courses legislation that requires the State Department to monitor dealing with international human rights issues; there were the human rights records of U.S. aid recipients and sets none. But his interest in amnesty led to a fortuitous con- standards for providing U.S. military assistance to foreign nection with human rights expert and Law School countries. Professor David Weissbrodt, then general counsel with “I can’t say they’ve been honored consistently,but at Amnesty International. least they’ve been written into law,”Fraser says.The scope “I called David in London, and we hatched some proj- has broadened to include countries that do not receive aid. ects that Minnesota lawyers could do that would have Today,every U.S. embassy has one political officer assigned human rights implications,”Heins says.The resulting organ- to track human rights issues and report regularly to the ization, Minnesota Lawyers International Human Rights State Department. Committee (forerunner of Advocates for Human Rights), Over the years Fraser helped launch many initiatives, was formed in 1983.“After that, it was a hop, skip, jump to including a yearly U.S. and British parliamentary confer- what became the Minnesota Protocol,”Heins recalls. ence on human rights issues in Africa, but not all of them The same year the Committee was formed, Philippine stick. His work with an international Christian democracy opposition leader Benigno Aquino Jr. was assassinated min- group to monitor Third World elections lasted only a few utes after stepping off a plane at the Manila airport. His years. He calls it a “blip in the past,”yet more effort is body was whisked away and forensics evidence destroyed. being poured into monitoring elections today. The fledgling organization published a document detailing Recognizing and protecting women’s rights is one area proper forensic procedures in politically motivated cases. in which he notes positive change.“The U.N. also appears The United Nations adopted what was dubbed the to be playing a more active role in conflicts where repres- Minnesota Protocol and still uses it to document human sion and killing occur,”Fraser says.Although there are a lot rights abuses. of problems that haven’t been solved,“on a kind of funda- While Heins handles complex litigation, especially mental basis, I think we continue to make progress,”he adds. securities fraud and antitrust class actions, at Heins Mills &

Born in 1983 as the Minnesota Lawyers International Human Rights Committee, the Advocates for Human Rights is a thriving nonprofit organization with a 27-member board of directors and staff of 25. The Advocates have produced 75 Advocates for reports documenting human rights practices in 25 countries, where the organization’s multifaceted work touches the lives Human Rights today of refugees, immigrants, ethnic and religious minorities, women, and children. Founders include Sam Heins (’72), Don Fraser (’48), and Professor David Weissbrodt. Members include Second Minnesota District Judge Elena L. Ostby (’86), who also serves on the Equal Justice Committee of the Minnesota

22 Perspectives S P R I N G 2 0 1 0 www.law.umn.edu RIGHTS ON THEIR SIDE

Olson in Minneapolis, he also pursues a parallel career path in human rights.The Committee he shepherded, renamed the Advocates for Human Rights to reflect its expanded scope, has afforded numerous opportunities to see human rights challenges up close. Heins recounts the story of a Romanian engineer whose wife defected to the United States while on a busi- ness trip to Minnesota.When her husband was arrested as retribution, the case attracted local support and prompted the Committee to send representatives to Bucharest to observe the trial. Just being in a totalitarian country took Heins aback. “The government was really insane,”he says.“Being physically present, observing what passed for a trial, was a > JOHN HUTSON Class of 1972 pretty remarkable experience for a Minnesota lawyer.” Heins also visited Pakistan to observe Benazir Bhutto’s 1990 unsuccessful election run.Witnessing the vast sea of Standing in the Oval Office on the second day of the cur- people attending a rally,Heins was struck not only by the rent administration, John Hutson watched President abject poverty evident in the “barely controlled mob Obama sign the executive order closing the Guantanamo scene” but also by the difficulty of communicating ideas to Bay detention center.A career military officer who had an illiterate public who would cast votes by marking sym- long fought for basic rights he feared were slipping away, bols such as umbrellas or bicycles because they couldn’t Hutson was awed by the experience. read candidates’ names. “I was very sensitive to the historic context of what we “It was all about chanting and whipping up a frenzy were witnessing.We’d gotten derailed for a while, but I had that presumably induced people to vote or not to vote,”he a huge sense that the U.S. was getting back on track. It was says.“It was not a learned discourse. It was all pretty very gratifying,”he says. amazing.” It was also a fitting highlight of a career spent in the In March the University’s Board of Regents and U.S. Navy—to his mind, the ultimate human rights organ- Alumni Association honored Heins with its Outstanding ization. Commissioned in 1969 more to avoid the draft Achievement Award for his significant accomplishments. than to act on high-minded ideals, Hutson had been raised But he credits the Committee for the positive results that to respect human rights, but those issues weren’t top of contribute to human rights progress. mind in law school.“I wasn’t a crusader. I was just trying “People have been freed from prisons, rescued as to get through the days and pass contracts and torts. I was refugees, and afforded rights they wouldn’t have without young, naïve, and not thinking that far ahead.” the work of the Committee,”he says.“It has had a con- But once he embarked on his global career, earning crete effect on lives and health. Its existence is very impor- numerous distinguished service medals on his way to tant because it has done a lot of good for a lot of people.” becoming a rear admiral and Judge Advocate General of the Navy,he realized that his mission was clearly linked to protecting the values inherent in the U.S. Constitution and Bill of Rights. “The U.S. military is there to defend the rule of law

District Court. Board chair is Aviva Breen (’77), former Executive Director of the Minnesota Legislative Commission on the Economic Status of Women. Alumni on staff include Emily Good (’03), Director of the Refugee & Immigrant Program; Michele Garnett McKenzie (’96), Director of Advocacy; Beatríz R. Menanteau (’03), staff attorney with the Women’s Human Rights Program; Rosalyn S. Park (’02), Research Director; Deputy Director Jennifer Prestholdt (’96), Director of International Justice; Cheryl Thomas (’83), founding Director of the Women's Human Alumni staffing Advocates for Human Rights (left to right): Cheryl Thomas (’83), Jennifer Rights Program; and Laura Young (’05), staff attorney in the Prestholdt (’96), Rosalyn Park (’02), Michele Garnett McKenzie (’96),

Photo by Kathy Seipp International Justice Program. Emily Good (’03), Laura Young (’05), and Beatríz Menanteau (’03)

www.law.umn.edu Perspectives S P R I N G 2 0 1 0 23 RIGHTS ON THEIR SIDE

and human rights.That’s the purpose of it,”Hutson says. In legal aid or domestic women’s rights organizations. But the the aftermath of 9/11, however, he found the changes in summer after her second year, two opportunities shifted U.S. policy,including indefinite detentions and torture her vision and determined her career path. practices, deeply troubling. The first was the 1995 Fourth World Conference on “We were perpetrators of a lot of misbehavior that Women in Beijing, where she spent a month working on we’d fought wars to ensure didn’t occur,”he says. He both the NGO side and as a U.N. official. She calls it a remembers being interviewed by ABC-TV’s Peter Jennings “transformative moment for me, the incredible experience early on, before Abu Ghraib broke, and insisting that mili- of feeling that I was part of that process.” tary personnel guaranteed detainees their rights under the That same summer, funded by the Macarthur Geneva Convention and refrained from engaging in any Foundation, she did domestic violence work with a human kind of misconduct. rights center in Cambodia. She had done similar work as a When Jennings asked him how he knew that no mis- volunteer in Minnesota, accompanying police on domestic conduct had occurred, Hutson recalls stating that he had violence calls, and knew how to help women in crisis. But served in the U.S. Navy for 28 years and knew that military she discovered that despite many parallels, domestic vio- personnel wouldn’t act that way.“It wouldn’t have occurred lence cases in the U.S. differed distinctly from those in to me that our armed forces would be put in a position Cambodia due to cultural differences, such as the absence where they were allowed, encouraged, even ordered to do of police and lack of infrastructure in Cambodia. those kinds of things,”he says. “One of the things I learned fairly early is that you Now retired from the Navy,Hutson is dean of Franklin can’t simply transplant solutions to another social context,” Pierce Law Center, where he teaches national security law. Bond says.“The basic parameters were the same in the He also makes speeches, participates in such organizations sense that Cambodian women were facing violence as Human Rights First, where he serves on the board, and because of patriarchy and lack of power within familial is part of a group of about 50 military retirees who rely on relationships. But the dynamics and the way the violence their experience to question U.S. practices.“We have per- plays out vary considerably,and the kinds of recourse also spective and, quite honestly,a certain level of credibility vary significantly.It was an important lesson.” because we’ve been ‘in’ and understand something of what’s An associate professor at Washington and Lee going on. Unless someone has served, they don’t necessarily University School of Law since 2008, Bond has spent her have the same emotional understanding that we do,”he says. teaching career sharing those lessons. Her research and Hutson worries that the United States has changed, just publications, including her edited book,Voices of African as war itself has changed.“We’re fighting an enemy that Women:Women's Rights in Ghana, Uganda, and Tanzania, knows no bounds, that will commit suicide in order to deal with trafficking and other global issues ranging from achieve its goals, and who doesn’t want the war to end,”he maternal mortality in Mexico to domestic violence in says.And when we play by the same rules, we end up in a Nepal and Macedonia, to sexual harassment in Poland place that makes us wonder how we got there.“Those are and Bulgaria. the times when things are hard, and when we, as a country, Whenever possible, she accompanies small groups of have to hold on even more tightly to the things that made students to countries such as Namibia and Tanzania, where us great in the first place.” they spend up to two weeks gathering data, conducting interviews, and writing reports that analyze how the country fulfills its obligations under international human rights law. “Because of the transformative experience I had early in my career, I want to re-create that for the students. In my mind, it’s a very different experience than sitting in a classroom and reading a textbook.They need to see what it looks like on the ground,”she says.While she believes strongly in its pedagogical value, she also acknowledges that field work is a huge challenge as well as an expensive way to teach, requiring her to cobble together funding from various sources.Yet informal surveys conducted at various conferences over the years show that lawyers who do human rights work almost invariably had a chance to go abroad during law school. “It’s the field work that draws people in. I really believe > JOHANNA BOND Class of 1996 it’s what makes them committed to the vision of human rights around the world.To go and see the challenges that others face in terms of funding and repressive governments Women’s rights law intrigued Johanna E. Bond from the is very inspiring,”Bond says.“I have a real sense that we’re beginning of law school, and she assumed she’d work for creating something valuable.”

24 Perspectives S P R I N G 2 0 1 0 www.law.umn.edu RIGHTS ON THEIR SIDE

Lucie Bendova Viersma Class of 1988

Growing up in Czechoslovakia and encouraged by supportive parents, Lucie Viersma developed an early interest in human rights. The political science major and Advocates for Human Rights intern focused on international law and human rights in Law School. She writes from Geneva, where she works in Transitional Justice for the Rule of Law and Democracy Unit, > UTTAM DAS (2009–10 Humphrey Fellow) U.N. Office of the High Commissioner for Human Rights (OHCHR).

As a young student in Bangladesh with a love for writing, Q. How did law school propel your interest? Dr. Uttam Kumar Das set his sights on a journalism career. Assisting Professor David Weissbrodt with research for two But his family saw his budding passion for helping others years broadened my knowledge about the U.N. human rights and thought law was the better choice.“My father belongs system. After graduating, I worked with the U.N. peace-keeping to an older generation. He might not have any idea of the mission in Bosnia and Herzegovina for four years, initially with areas of law,but he knew that with a law degree I could at the judicial system assessment program and then with the least help people from my community,”Das says. human rights component, before joining OHCHR in 2002. So he changed course and earned a Ph.D. in law and human rights from the University of Rajshahi, Bangladesh, Q. What are your current challenges at OHCHR? as well as an LL.M. with honors. He worked with human Upon arrival, I was tasked to help finalize the Principles and rights organizations at the grass-roots level and focused on Guidelines on the Right to a Remedy and Reparation for human trafficking, analyzing the laws and policies of Victims, which had been under consideration for 25 years! Bangladesh and Nepal. He also worked as the National Finally adopted in 2005, they have been instrumental in placing Protection (Legal) Officer in Bangladesh for the U.N. High the rights of victims at the center of judicial and non-judicial Commissioner for Refugees for four years, and spent two accountability processes. Now we’re developing operational years with the International Organization for Migration, tools and guidance to assist in implementation. I was fortunate directing training programs for lawyers and law students, to contribute to significant developments in law and practice in police and military forces, and immigration officials. this area, although challenges remain in implementation on the Already licensed to practice as an advocate (attorney) in ground. The OHCHR continues to advocate for the rights and the Supreme Court of Bangladesh, he wanted to broaden interests of victims often excluded from the decision-making his global knowledge, which led to his current affiliation processes. with the Human Rights Center as a Humphrey Fellow. “Human trafficking has lots of dimensions, one of which is Q. What accomplishments please you so far, and labor trafficking. Many people from poor countries are what are your goals? brought to this country and exploited. I wanted to study For the past four years, I’ve been responsible for OHCHR’s how laws and policies are administered by human rights transitional justice work, for which we’ve been designated the organizations here,”says Das, who is also pursuing an LL.M. lead entity within the U.N. We assist countries emerging from “It gives me the opportunity to share my ideas.” conflict or repressive rule to address past violations (through His expanding interests include other crimes against investigations and prosecutions, truth-seeking processes, humanity,such as genocide.And since writing remains reparations, and institutional reform), often in a context of close to his heart, he was pleased when a column he wrote broken institutions, exhausted resources, and diminished secu- for the Minnesota Daily won first place in the Associated rity. Finding a transitional justice response which respects the Collegiate Press’s Best of the Midwest competition. national context but also complies with international standards But his soul is still in Bangladesh, where he plans to and obligations is the challenge. For example, states find it return, carrying with him new connections to a vast net- tempting to establish a truth commission, but TRCs do not work.“My primary identity is as an advocate,”he says. replace the need for prosecutions. “But at the same time I will be able to do human rights My proudest achievement so far is probably my work with training in my country and beyond my country.I will be the legal research team of the International Commission of writing articles and look forward to future correspondence Inquiry on Darfur in 2004, which led the Security Council to and future networking.You need a base to start anything, refer the situation to the International Criminal Court. I consider and Bangladesh will be my base.” it a great luxury to do what I like to do while also being the mom of two little girls. My goal: to be the next Secretary- By Cathy Madison, a freelance writer/editor based in the Twin Cities General.

www.law.umn.edu Perspectives S P R I N G 2 0 1 0 25 Coming to the Aid of the Band On the shores of Lake Mille Lacs, legal aid office serves Ojibwe community.

By Karen K. Hansen

“We think you should apply at Wal-Mart.” Those stinging words set Rjay Brunkow (’04) on a path through the legal system and into the profession. Brunkow’s path to that point had been rocky. After flunking out of college, he worked construction for eight years—until he fell off a roof and severely injured his shoulder in January 1998. His employer required “100% medical clearance,” which Brunkow would never achieve, despite reconstructive surgery and intensive rehabilitation. Shocked by his employer’s dismissive attitude, Brunkow researched work-related injuries, hired an attorney, and won an agreement from his former employer to pay his wages while he attended college.

Applying, achieving In November 2006, he accepted the position of South Dakota State University’s Deputy Solicitor General for the Mille Lacs Band of “academic amnesty” policy Ojibwe in Onamia, Minn. He was sworn in as Solicitor wiped out Brunkow’s earlier General in May 2007 and now advises and represents the poor GPA, but it also elimi- band in federal, state, and tribal courts and oversees the nated all credit for classes he’d Department of Public Safety,the Tribal Police Department, taken. Still, Brunkow says,“The and the newly formed Band Member Legal Aid (BMLA). opportunity to start over was “Here’s a guy that had a choice of all kinds of things to perfect for me. I had a lot more do, and he is giving back to broader service in Indian motivation this time.”And he country,”comments Emeritus Clinical Professor Maury knew he wanted to pursue law. Landsman. After earning a bachelor’s degree in business economics, Coordinating, consulting Rjay Brunkow (’04), Solicitor General, Brunkow was determined to When Brunkow took over the Department of Justice, it Mille Lacs Band of Ojibwe go to the best law school had contracts with outside agencies to provide criminal within driving distance of his defense and civil legal services to band members.“Almost family.That was at on a weekly basis we would get band members com- the University of Minnesota.A member of the Turtle plaining about the performance of the agencies,”he recalls. Mountain Band of Chippewa Indians, he received a Convinced the Department could provide better service at scholarship from the Minnesota American Indian Bar lower costs, the former banker did a cost-benefit analysis, Association, which he later served as treasurer. comparing the external agencies’ fees with the expense of Brunkow got his J.D. in May 2004 and took an establishing in-house legal services. He also considered non- investment banking job with Wells Fargo, hoping to gain financial problems,“including attorneys not showing up in experience that would carry over into the practice of law. court and attorneys turning down band members’ files.” As Relationship Manager for the Midwest Region, he Although the numbers made sense, his proposed struc- helped Indian tribes finance government infrastructure, ture—having both prosecution and criminal defense gaming facilities, and construction projects. lawyers function under the Department—was fraught with

26 Perspectives S P R I N G 2 0 1 0 www.law.umn.edu potential conflicts of interest, both real and perceived. Brunkow,who had stayed in touch with Law School students and faculty,consulted Professor Landsman and Clinical Professor Stephen Simon (’71) about ethical concerns and structuring BMLA in house. Landsman suggested he contact the Lawyers Professional Responsibility Board, and there Brunkow received both support and specific suggestions, including “don’t share office space, make sure you have file integrity, and make sure you’re not directing people on both sides of a case.”Patrick Burns in the Office of Professional Responsibility referred Brunkow to Minnesota case law that laid out justification for the proposed structure. Staff of Office of the Solicitor General (OSG) and Mille Lacs Band Legal Aid (BMLA), Getting from “no” to “go” gathered at the Government Center (left to right): Front row: Rjay Brunkow (’04), solic- But change comes hard, even when the need and the itor general; Nicole Johnson (’07), deputy solicitor general; Claire Boyd, administrative numbers are compelling.“The biggest challenge was trying assistant, BMLA; and Jericho Fisher, administrative assistant, BMLA. Back row: Jennifer to convince elected officials that we could do it better and Kern, paralegal, BMLA; Heidi Halverson, paralegal, OSG; Christopher Sailors, managing they would be happy with the level of service,”recalls attorney, BMLA; Stephanie Shook, attorney, BMLA; Barbara Cole (’05), deputy solicitor Brunkow.“They’d tried a few different ways in the past. general; and Erik Parsons, administrative assistant, OSG. Not shown: BMLA attorneys The first time we brought the idea up, it was a flat out ‘no.’ Mary Mullen (‘06), Shauna Coons, and Andrea Braun But I’m fortunate to have an elected body that was willing to work with me.” BMLA officially opened on Oct. 1, 2009. Its staff of five Accessibility, attitude, assistance lawyers, a paralegal, and two assistants helps with civil legal Separate from the Government Center,“that office” is issues such as child support, divorce, orders of protection, located in a formerly dilapidated building that the band and probate, and defends members accused of violating had rehabilitated, and its legal work is kept confidential, band law and those facing trial in state and federal court. including from Brunkow.“To watch the building come Brunkow favors hiring “bright, motivated attorneys together is almost symbolic of watching the program come who have three to four years of relevant experience and are together,”says BMLA Managing Attorney Christopher eager to learn.”Among them are Law School alumni Mary Sailors.And not only is the result a “gorgeous office,”he Mullen (’06), a BMLA attorney,and Barbara Cole (’05) continues,“We’re right here on the reservation.The acces- and Nichole Johnson (’07), both deputy solicitors general. sibility is a huge thing.” Attitude is huge, too.“We’re not going to win every From balancing act to balancing books single case, but we’re going to treat our clients with utmost Steve Christie of the St. Paul City Attorney’s Office sat respect, whether it’s returning calls or going the extra second chair to give Brunkow a chance to try a case from mile,”Sailors says.“We all love what we’re doing.” start to finish when he was an eager-to-learn intern. The BMLA staff, like all band employees, attended Brunkow won.“I thought he was a fair, conscientious detailed orientation about the culture and history of the prosecutor who would weigh the value of each case,” band.“When you understand where they’ve been and Christie recalls.“Sometimes that called for tough action, where they’re going,”Sailors comments,“it makes you and sometimes it called for compassionate breaks.” cognizant that you’re representing a proud community,and Brunkow has become accustomed to balancing action you’re a reflection of the community.” and compassion. In April 2007, while he was still Deputy In 2008, one of Brunkow’s deputies was in Crow Wing Solicitor General, suspected misuse of tribal funds County Court and observed a 15-year-old Mille Lacs emerged, and for two years, his time was consumed by a Band member standing alone as the judge read serious criminal investigation of the tribe’s then chief executive, charges against him.When the judge asked what he Melanie Benjamin. He worked with the FBI, a Twin Cities wanted to do, the boy said,“I don’t know what I’m sup- law firm hired by the tribe, and the U.S. Bureau of Indian posed to do.”His contracted lawyer hadn’t shown up.“To Affairs. He’s still dealing with the case but says,“I’m glad his credit,”Brunkow recounts,“my deputy stepped in and the investigation is over, and I’m glad I survived it.” tried to help and let the kid know what was happening to Now he’s turned to investigating BMLA finances. him. But we couldn’t represent this child.” Based on a quarterly budget review,Brunkow believes the That was the final nail in the coffin of the old model. office will be under budget and will have provided services Brunkow concludes,“We owed it to the band members to at a lower cost than the prior contracts.What’s more, he do better.” says, band members’ complaints “have completely stopped. We’ve been really pleased with the performance of the By Karen K. Hansen, a Minneapolis-based freelance attorneys in that office.” writer/photographer and clarinetist www.law.umn.edu Perspectives S P R I N G 2 0 1 0 27 > Faculty Pers

Prof. Brett McDonnell (front row, second from left) and Dean David Wippman (front row, seventh from left) with honorees attending adjunct professor appreciation reception this spring Prof. Michael Tonry speaks with prospective students during April preview days

Faculty Awards, Grants, and News

Consumers” before the full U.S. Senate to Minnesota. In Professor Nancy Committee on Commerce, Science, November 2009, the Cook was named a and Transportation on Nov. 17, 2009. U.S. District Court fellow of the 2009 His article on preacquired account in the Southern National Institute marketing is forthcoming in the District of Florida for Teaching Ethics Harvard Journal on Legislation. ruled that claims and Professionalism Also, Cox appeared in a documen- brought by relatives at its conference in November 2009. In tary entitled “House of Cards:The of Bolivians killed by the Bolivian army conjunction with the fellowship, she Collapse of a Financial Giant and its against former President Gonzalo presented “Images of the Professional Canadian Connection,”aired on the Daniel Sanchez de Lozada Sanchez in Popular Culture” at the conference. Canadian Broadcasting Company Bustamante and former Defense program The Fifth Estate on Jan. 15, Minister Jose Carlos Sanchez Berzaín 2010. He described the workings of are viable and can proceed. In First Alliance Mortgage Co., an early December, the Second Circuit Court Professor Prentiss adopter of subprime mortgage lending. of Appeals upheld a $19 million judg- Cox (’90) testified ment against former Haitian leader as an expert witness Professor Jennie Green saw Emmanuel “Toto” Constant for rape, at a hearing entitled successful outcomes in two cases other torture, killings, and crimes against “Aggressive Sales she worked on for several years as a humanity in a lawsuit filed by three Tactics on the senior staff attorney at the Center for Haitian women terrorized by paramili- Internet and Their Impact on American Constitutional Rights before coming tary forces under Constant’s command.

28 Perspectives S P R I N G 2 0 1 0 www.law.umn.edu pective

Prof. Fred Morrison (left) chats with Dean David Wippman before introducing him at his William S. Pattee Chair in Law Appointment lecture Panelists at Experiential Renaissance Roundtable on Professors Greg Shaffer, Bert Kritzer, and Carol education programs at Law School in April 2010 Chomsky following Kritzer’s chair in law and public policy appointment lecture

in volume 8, issue 1, of the Practising Association’s Environmental and Professor Kristin Law Institute’s e-newsletter “All-Star Natural Resources Section. Hickman’s article, Briefing.”She was mentioned for her “Chevron’s research on pending federal data pri- Domain,”co- vacy legislation, pros and cons of a authored with developing technology called “deep Affiliated Thomas Merrill and packet inspection,”and laws on Professor Bernard published in the Georgetown Law Journal encryption of personal information M. Levinson, (Vol. 89, 2001), was cited by the U.S. enacted in Massachusetts and Nevada. Professor and Court of Appeals for the Tenth Circuit Berman Family in Carpio v. Holder, No. 08-9536 (10th Chair of Jewish Cir. Jan. 12, 2010) in support of its Studies and Hebrew Bible, was named a conclusion that a decision by the Professor College of Liberal Arts Scholar on the Bureau of Immigration Affairs did not Alexandra B. basis of accomplishments in scholarship, carry the force and effect of law and Klass was pro- teaching, and service, and the promise was not entitled to Chevron deference. moted to full pro- of further achievement. fessor in December In addition, he was awarded a com- 2009. She joined petitive, refereed Henry Luce Senior the Law School’s environmental law Fellowship in Religious Studies at the Affiliated faculty in the fall of 2006 after two National Humanities Center, Research Professor Jane E. years at William Mitchell. Before that, Triangle Park, N.C., for the 2010-11 Kirtley, a professor she was a partner with Dorsey & academic year. He hopes to complete of media ethics and Whitney for several years, specializing his book on religion and law in antiq- law at the School in environmental and land use cases. uity, Revelation and Redaction:The Role of Journalism and Currently,she is on the Governing of Intellectual Models in Biblical Studies, Mass Communication, was spotlighted Council of the Minnesota State Bar during the fellowship.

www.law.umn.edu Perspectives S P R I N G 2 0 1 0 29 FACULTY PERSPECTIVE

Senate Committee on Finance and Professor Stephen Planning and has been asked to serve Professor Robert Meili explained a regular four-year term when the A. Stein (’61) was international and interim post expires. selected to receive domestic policies the 2009 Outstand- on immigration and ing Service to the the rights of Profession Award migrants on a panel at the University Professor from Minnesota Lawyer, given to indi- of Iowa in celebration of the 10th Fionnuala D. Ní viduals who have worked consistently anniversary of its Center for Human Aoláin was elected over the years to enhance the legal Rights in November 2009. to a three-year term profession and the lives of those it on the Executive serves. Stein was honored for the lead- Council of the ership roles he has taken throughout American Society of International Law his career, including dean of the Law Professor at the society’s annual meeting in School, executive director of the Perry Moriearty Washington, D.C. American Bar Association, and presi- testified before dent of the Uniform Law Commis- the Minnesota sion. Senate Judiciary Committee on Jan. Professor Daniel 28, 2010, in support of a bill to reform Schwarcz testified aspects of the state’s juvenile justice at a public hearing Professor David system. Her testimony focused on racial of the National Stras was promoted disproportionality in juvenile detention. Association of to full professor in Insurance Commis- December 2009. sioners (NAIC) in Denver on read- He joined the fac- ability standards and use of plain lan- ulty in 2004 and Professor Fred guage in insurance policies. In his role teaches criminal law,federal courts and Morrison was as a funded NAIC consumer represen- jurisdiction, and constitutional law.As re-appointed to a tative, Schwarcz recommended that Vance K. Opperman Research Scholar, five-year term as state regulators make an organized he is focusing his studies on the federal a member of the commitment to collaborate with judiciary and the U.S. Supreme Court. Kuratorium of the industry and consumer representatives He is co-director of the Institute for Max Planck Institute on International to rethink and redesign policies, which Law and Politics and an affiliated pro- Law.Also, he has been serving in an currently lack consistency,structural fessor in the Department of Political interim position on the University logic, and clarity. Science.

January 21 Professor Fionnuala Ní Aoláin FACULTY University of Minnesota Law School Gender and Post-Conflict Societies WORKS IN PROGRESS 28 Professor Allan Erbsen University of Minnesota Law School Spring 2010 > Impersonal Jurisdiction

Lectures on work in progress at the Law School and at other institutions are presented on February Thursdays from 12:15 p.m. to 1:15 p.m. in Room 385. They are open to the public but require 4 Professor Erica Lee an RSVP to Stephanie McCauley at 612-625-9037 or [email protected]. University of Minnesota Department of History Guarding the Gate: The Life and Business of the Angel Island Immigration Station, 1910-1940

30 Perspectives S P R I N G 2 0 1 0 www.law.umn.edu FACULTY PERSPECTIVE

The Gray, Plant, Mooty, Mooty & Bennett Professorship in Law Reappointment Lecture

> On Nov. 3, 2009, Stephen F. fusing maze, and the main employment Befort (’74) commemorated his reap- relationship objectives—efficiency, pointment to the Gray, Plant, Mooty, equity, and voice—are out of balance. Mooty & Bennett Professorship in Law, Efficiency (enhanced productivity and which he has held since 2003, with the administrative ease) is strong, but in lecture, “Bringing the American comparison, equity (fair and balanced Employment Relationship Back Into outcomes) and voice (ability to commu- Balance.” The nationally recognized nicate wants and needs) are weak and expert in labor and employment law declining. Equity shortfalls include a rise Stephen F. Befort (’74) joined the faculty in 1982 after serving as in “contingent” employees not covered a Minnesota Special Assistant Attorney by workplace regulations and increasing General and Principal Assistant Ramsey hours worked by full-time employees. said, and “bringing the American work- County Attorney. A labor arbitrator on Voice has declined with decreased union place back into balance will continue to both federal and state rosters, he membership and lack of alternative par- be an ongoing challenge for our social directed the Law School’s Clinic Program ticipatory channels. Befort recom- order.” from 1982-2003 and was Associate Dean mended a pluralistic, balanced approach The Gray, Plant, Mooty, Mooty & for Academic Affairs from 2000-04. to reform, including some enhanced Bennett Professorship in Law in honor of Among his six books and more than 60 government regulation to equalize John W. Mooty was established through articles and chapters on employment employer-employee power. Among his a generous gift from the Gray, Plant, law is the recently released Invisible suggestions were expanded family med- Mooty, Mooty & Bennett Foundation. Hands, Invisible Objectives: Bringing ical leave, a framework for discussing The firm has been engaged in the prac- Workplace Law and Public Policy into modified work schedules, extended pro- tice of law continuously since its Focus co-authored with John W. Budd, tections to cover contingent workers, founding in 1866 by Charles Woods. on which Befort based his lecture. measures to stabilize retirement security, Growing from Mr. Woods’ solo practice, Current U.S. labor and employment an American Employment Termination the firm now has more than 160 lawyers law is a patchwork of regulations that do Act, and a revised Employee Free Voice representing clients nationwide. Gray, not fit together well, Befort said. Act. Historically, U.S. labor and employ- Plant, Mooty, Mooty & Bennett, P.A., a Doctrinal consistency is lacking, regula- ment law has undergone meaningful Minneapolis firm, offers a full range of tion and enforcement exist in a con- reform only in the face of a crisis, Befort legal services.

11 Professors Claire Hill and March 15 Professor John Mikhail Richard Painter 4 Professor Janice Nadler Georgetown University Law Center University of Minnesota Law School Northwestern University Unreasonable Risk: A Formal Analysis of Berle's Vision Beyond Shareholder Perceptions of Fairness Common Law Negligence Interests: Why Investment Bankers Should 25 Professor Daniel Gifford 22 Professor Anupam Chander Have (Some) Personal Liability University of Minnesota Law School UC Davis School of Law (visiting at 18 Professor Greg Shaffer Antitrust Aspects of Loyalty and Bundled University of Chicago Law School) University of Minnesota Law School Rebates in Europe and the United States The Electronic Silk Road Transnational Legal Process Revisited 25 Professor Cheryl Boudreau April UC Davis Department of Political Science 1 Professor Jessica Silbey Making Talk Cheap (and Problems Easy): Suffolk University Law School How Legal and Political Institutions Can Rules for Innovation: Intellectual Property Facilitate Consensus Law, Norms, and Culture

www.law.umn.edu Perspectives S P R I N G 2 0 1 0 31 FACULTY PERSPECTIVE

Marvin J. Sonosky Chair in Law and Public Policy Appointment Lecture

> On Feb. 9, 2010, Herbert Kritzer Kritzer described a 14-week study at delivered the Marvin J. Sonosky Chair a law firm, where he took on paralegal in Law and Public Policy appointment duties to minimize disruption and become lecture, entitled “Lawyers in the Mist: part of the group. This allowed him to Deep Hanging Out With a Much see the routine, systematic activities Criticized Species.” He joined the Law that, when questioned about their work, School faculty July 1, 2009, and is an subjects typically overlook, remembering adjunct professor in the Department instead the unusual events. Processes of Political Science. cannot be reconstructed: They have to Kritzer described the style of his be observed, he said. “I am to lawyers as research on the work of lawyers, Dian Fossey was to gorillas. I study them explaining that the term “deep hanging in their natural habitat: their offices.” out” is used largely by anthropologists The Marvin J. Sonosky Chair in Law to refer to a process of observing and and Public Policy was made possible participating in a culture to come to through the generosity of Marvin and understand what members do and why. Shirley Sonosky. The late Marvin Sonosky “Observation as a form of social science (’32) was a distinguished attorney in Herbert Kritzer research is by no means new,” he said, Washington, D.C. He successfully repre- but it has been used rarely in legal and sented Native American tribes in their political science studies. In his research, efforts to obtain fair and equitable he came to see that observation is at the treatment from the federal government. core of understanding the processes at Most notable was his successful repre- work. Along with semistructured inter- sentation of the Sioux Nation in its long views, observation is the foundation of legal struggle to win compensation for his research, supplemented with quanti- the government’s seizure of the Black Hills tative data to reinforce the patterns he in 1877. This lecture, inaugurated in 1984, thinks he is seeing. is dedicated to Mr. Sonosky’s memory.

FACULTY BOOK PUBLICATIONS

2009 Professor Prentiss Cox edited and contributed Professor Fionnuala D. Ní Aoláin and Professor > to the second edition of Consumer Fraud and David Weissbrodt co-authored the fourth edi- Professor Stephen F. Befort and affiliated fac- Deceptive Trade Practice Regulation in tion of International Human Rights: Law, Policy, ulty member Professor John W. Budd co- Minnesota (Minnesota CLE, 2009). and Process (LexisNexis) and, together with authored Invisible Hands, Invisible Objectives: Professor Mary Rumsey, created the accompa- Bringing Workplace Law and Public Policy Into Professor Barry C. Feld (’69) completed the nying resource, Selected International Human Focus (Stanford U. Press). third edition of Cases and Materials on Juvenile Rights Instruments and Bibliography for Justice Administration and its accompanying Professor Brian Bix completed the fifth edition Research on International Human Rights teacher’s manual for the American Casebook (LexisNexis). of Jurisprudence: Theory and Context (Thomas Series (West). Reuters). Professor Myron Orfield and co-author Thomas Professor Richard S. Frase and Provost E. Professor Ann M. Burkhart and co-authors Grant Luce, Director of Research at the Institute on Thomas Sullivan published Proportionality Race and Poverty, published Region: Planning S. Nelson, Dale A. Whitman, and R. Wilson Principles in American Law: Controlling Freyermuth completed the eighth edition of the Future of the Twin Cities (U. of Minnesota Excessive Government Actions (Oxford U. Press). Real Estate Transfer, Finance, and Development Press). in the American Casebook Series (West). Professor Richard W. Painter published Getting Professor Michele Bratcher Goodwin and co- Professor Carol Chomsky and co-authors the Government America Deserves: How Ethics authors Sandra Jackson and Fassil Demissie Reform Can Make a Difference (Oxford U. Press). Christina L. Kunz, Linda J. Rusch, and Elizabeth published Imagining, Writing, (Re)Reading the R. Schiltz published the 2009 edition of Black Body (U. of South Africa Press). Professor Francesco Parisi and co-author Vincy Selected Commercial Statutes (West). Fon published The Economics of Lawmaking (Oxford U. Press). Also, Parisi and Robert

32 Perspectives S P R I N G 2 0 1 0 www.law.umn.edu FACULTY PERSPECTIVE

The William S. Pattee Chair in Law Appointment Lecture

> On Feb. 16, 2010, David Wippman recent trends that have blurred the commemorated his appointment to the boundaries: the changing nature of war William S. Pattee Chair in Law with the since America’s “war on terrorism” lecture “The Politics of the Law of War.” began, the transformative effects of Wippman, who became Dean of the Law technology on how war is fought, and School on July 1, 2008, is a recognized the increasing civilianization of war. authority in international law and served In light of these trends, Wippman as a director in the National Security said, the law of war needs revision “to Council’s Office of Multilateral and address sporadic, high-intensity, low-fre- Humanitarian Affairs. He joined the Law quency, and high-threat activities like School from Cornell University, where he transnational terrorism.” For example, was Vice Provost for International fighting Al-Qaeda presents an analytical Relations and a professor and associate challenge because it involves periodic David Wippman dean in its law school. Previously, he conflict with a loosely organized, practiced international law for nine years transnational network under circum- in on these questions with their own in Washington, D.C. stances that sometimes do and some- answers. “Collectively, this transnational, War might seem like a complete times do not suffice to trigger applica- judicial, and quasi-judicial dialogue may breakdown of law but is actually heavily tion of the law of war. Technology now eventually converge around some regulated, Wippman explained. U.S. mili- enables new accuracy in striking targets, common understandings on these tary operations must comply with both but what constitutes a legal target issues,” Wippman said. “This is a process domestic and international law, and some remains in question. The rules governing that’s slow, fragmented, contested, and groups take a keen interest in spotting conduct of private contractors, who out- uncertain. But for now, it’s all we’ve got.” and publishing any violations, in a prac- number members of the military in some The William S. Pattee Chair in Law tice that is sometimes labeled “lawfare.” locations, are also inadequately specified. was created to honor William S. Pattee, Increasing legalization of the conduct of Developing a Protocol III to the Geneva the first dean of the University of war is “driven in part by a reduced toler- Conventions might be the obvious means Minnesota Law School, who served from ance for civilian casualties, both here and to clarify these issues, Wippman said, 1888 to 1911, by his grandchildren and abroad,” Wippman said. He summarized but that’s unlikely to happen anytime their spouses, the late Pattee Evenson the criteria for an armed conflict bound soon. Instead, many states, courts, aca- and Flavis Evenson, and Isabel and by the laws of war, then described three demics, and other experts are weighing Vincent Fryer.

Cooter co-edited and contributed to Recent Developments in Law and Economics and Legal Institutions and Economic Development, both in the International Library of Critical Writings in Economics series (Edward Elgar).

Professor Gregory Shaffer and co-author Mark Pollack published When Cooperation Fails: The International Law and Politics of Genetically Modified Foods (Oxford U. Press). 2010

Professor David Stras and co-authors Arthur D. Professor Michael Tonry published Thinking Professor John Borrows published ’s Hellman and Lauren K. Robel completed the About Punishment: Penal Policy Across Space, Indigenous Constitution and Drawing Out Law: second edition of Federal Courts: Cases and Time and Discipline (Ashgate, 2009), and he A Spirit’s Guide (U. Toronto Press). Materials on Judicial Federalism and the edited and contributed to The Oxford Lawyering Process (LexisNexis Matthew Bender). Handbook of Crime and Public Policy (Oxford Professor Michele Bratcher Goodwin edited U. Press). He also edited Vol. 38, A Review of and contributed to Baby Markets: Money and Provost E. Thomas Sullivan and Jeffrey L. Research, for the Crime and Justice series (U. the New Politics of Creating Families Harrison completed the fifth edition of of Chicago Press). (Cambridge U. Press). Understanding Antitrust and its Economic Implications (LexisNexis). Professor David Weissbrodt contributed to and Professor Barbara Young Welke published served as a senior editor for the Encyclopedia Law and the Borders of Belonging in the Long of Human Rights (Oxford U. Press). Nineteenth Century (Cambridge U. Press). www.law.umn.edu Perspectives S P R I N G 2 0 1 0 33 FACULTY PERSPECTIVE

New 2010 Faculty Member >

Criminal law expert At Stirling, Duff and colleagues Antony Duff joins faculty recently completed a three-year interdis- ciplinary project examining the nature, > Antony Duff, a distinguished function, and normative underpinnings criminal law researcher and philosopher, of the criminal trial, funded by the U.K.’s will join the Law School faculty as a Arts and Humanities Research Council tenured professor beginning fall (AHRC). The project produced the semester 2010. He comes to Minnesota three-volume book series The Trial on from the Department of Philosophy, Trial (Hart 2004, 2006, 2007). In 2008, University of Stirling, . the AHRC also funded a four-year Duff is widely recognized for his follow-up project on criminalization. influential writings on criminal law Duff joined Stirling in 1970 following theory, among them Intention, Agency, graduate work at the University of and Criminal Liability (Blackwell, 1990); Oxford and a year of teaching at the Criminal Attempts (Oxford, 1996); and University of Washington, Seattle. He Antony Duff delivering Law School’s 2009 Dewey Answering for Crime: Responsibility and has taught philosophy of law, moral phi- Lecture on the Philosophy of Law Liability in the Criminal Law (Hart, losophy, philosophy of action, and 2009). He is also a leading scholar in themes in Aristotle’s ethics. punishment theory and philosophy and He is founding co-editor of the Peer Review College, and he chaired the has written such landmark books as journal Criminal Law and Philosophy and philosophy sub-panel of the 2008 Trials and Punishments (Cambridge, of the Oxford University Press book Research Assessment Exercise of the 1986) and Punishment, Communication, series Studies in Penal Theory and Higher Education Funding Councils, and Community (Oxford, 2001). Philosophy. He is a member of the AHRC which fund British universities.

PUBLIC LAW February 25 Professor Dale Carpenter 4 Professor Stephanos Bibas University of Minnesota Law School WORKSHOPS University of Pennsylvania Law School Flagrant Conduct: The Story of Assembly-Line Criminal Justice Lawrence v. Texas Spring 2010 > 11 Professor Brad Karkkainen University of Minnesota Law School April In these workshops, nationally recognized The Paradox of Public Use 1 Professor Gregory Shaffer scholars and Law School faculty members 18 Professor Olatunde Johnson University of Minnesota Law School present their work in progress on public law Columbia Law School Who Decides? A Comparative Institutional topics. All workshops are open to Minnesota Stimulus and Civil Rights Approach to International Trade Law and faculty and students enrolled in the affiliated 22 Professor M. Elizabeth Magill Dispute Settlement seminar. All are held in Room 471 and, unless University of Virginia School of Law 8 Professor Jeannie Suk otherwise indicated, at 3:35-5:30 p.m. Allocating Power Within Agencies Harvard Law School (www.law.umn.edu/faculty/publiclaw.html). 12:15-1:15 p.m. The Trajectory of Trauma: Bodies and Minds of Abortion Discourse March 12 Professor Nicholas Parrillo 11 Professor Alison D. Morantz Yale Law School Stanford Law School Tax Administration for Profit: Its Rise Opting Out of Workers' Compensation in and Fall in American States and Localities, Texas: A Survey of Large, Multi-State c. 1860-1940 Nonsubscribers 12:15-1:15 p.m. 22 Professor Leti Volpp UC Berkeley School of Law Notions of Space in Immigration Law 12:15-1:15 p.m.

34 Perspectives S P R I N G 2 0 1 0 www.law.umn.edu FACULTY PERSPECTIVE

Faculty in the Community

Urban Affairs Task Force matters of common concern, including experiences of working women and, par- ticularly, issues on which the University Professor Myron women are working. The President gave Orfield has been each guest keepsakes bearing the working with the University’s logo. Washington, D.C.- The delegates also visited the based Office of national eye hospital (directed and Urban Affairs staffed predominantly by women), the which, along with Minister of Social Affairs, the Director the Department of Housing and Urban of Women's Affairs, and the capitol Development, Environmental Protection building, where the Director of Foreign Agency, and Department of Relations unexpectedly greeted them. Professors Claire Hill and Richard Painter Transportation, created a task force to The trip was arranged by Brown Lloyd encourage sustainable communities. James, a communications firm with an Orfield and other professors have been office in Libya. bankers to the firm, giving them real advising the task force. responsibility for its future.” A few days Its goals are to reduce racial and Media Cite Hill & Painter later, a bNet Financial Services blogger economic segregation by encouraging wrote that “Two University of Minnesota affordable housing and access to local Professors Claire Hill and Richard law professors have a neat—and com- jobs for low-income people. It also seeks Painter have garnered considerable monsensical—way to treat Wall Street to cluster jobs and help metropolitan attention for suggesting that investment for its gambling addiction.” areas connect with local transit. Thus far, bank executives take some personal lia- In naming Hill and Painter among it has helped create the Livable Commu- bility for losses in their article “Berle's “The Shape Shifters of 2009” in her nities Act and achieve significant reforms Vision Beyond Shareholder Interest: Why StreetWise column at Portfolio.com, in the Surface Transportation Act. Investment Bankers Should Have (Some) business writer Suzanne McGee com- Orfield also has been working on Personal Liability,” forthcoming in the mented: “Easily one of the smartest ideas several housing bills and the Waxman- Seattle University Law Review. in the whole pesky debate over Wall Markey Bill, aimed at achieving energy In the New York Times Deal Professor Street compensation plans is one that independence and a clean-energy blog of Dec. 4, 2009, their proposal was originated more than a thousand miles economy. praised “because it mimics the partner- away from Wall Street itself, with two Women’s Group Visits Libya ship structure and ties investment University of Minnesota law professors.”

Marsha Freeman, New Titles, New Roles Director of the International Professor Brett McDonnell, the Law Women’s Rights School’s Associate Dean for Academic Action Watch at Affairs since 2007, is ending his service the Human in that role on June 30, 2010. In the Rights Center, coming year, he will be on sabbatical, was part of a delegation of U.S. women working on various writing projects. representing different sectors of civil After considering the Law School’s society who visited Libya’s Al-Fateh evolving strategic goals and other needs, Brett McDonnell Alexandra Klass Fionnuala Ní Aoláin University, Tripoli, in January 2010. Dean David Wippman asked two faculty Al-Fateh's President and other University members to assume new responsibilities Associate Dean for Research and Planning officers welcomed the group, which met when McDonnell’s term ends. and will manage parts of the previous with faculty from various humanities and Alexandra Klass will be the new position of associate dean for research applied science departments and Associate Dean for Academic Affairs and and faculty development and also work research centers. will handle the traditional responsibilities with the Dean on strategic planning, Al-Fateh was the first stop in the of the role (e.g., curriculum and teaching grant development, and fundraising. delegation's tour, organized as a peer- issues) plus assist in strategic plan “Brett has done a phenomenal job as to-peer exchange to open a dialogue implementation and alumni engagement. Associate Dean,” says Wippman. “We all between Americans and Libyans on Fionnuala Ní Aoláin will be the new owe him a great deal.”

www.law.umn.edu Perspectives S P R I N G 2 0 1 0 35 > Student Per

LL.M. Class of 2010 students during outside-the-classroom portion of orientation program last fall Class of 2012 members at reception for 1Ls hosted by Dorsey & Whitney (left to right): Kimberly Shigeoka (’11) enjoys herself Dana Bartocci, Joline Price, Jenna Nand, at recent Labor Law reception Shardé Thomas, and Melissa Muro Lamere

Student Profiles

GRZEGORZ LEWOCKI eastern Poland.“I was feeling I need observe the historic Orange Revolution 2009-10 HUMPHREY FELLOW to see this.” elections of 2004, in which hundreds Accordingly,on graduating from of thousands of people flocked to secondary school in 1996, Lewocki Kiev’s Independence Square to grabbed a backpack and headed for demand true democracy.More obser- Turkey by land. Over the next four vation missions followed, including years he ventured, mostly alone, to the trips toYemen, Sierra Leone, Palestine United States,Tunisia, Kenya, Uganda, to witness the election of Hamas in Tanzania, India, Bangladesh, and Nepal. 2006, and Kenya to see the violent There was also a 4,735-mile journey elections in 2007. from Moscow to Beijing via the Trans- This spring has Lewocki watching Siberian Railway.“This was like food a much less dramatic vote.After win- for a hungry person,”says Lewocki, ning a Humphrey fellowship, he is who to date has visited 67 countries. serving as a Commissioner on the During that time, Lewocki also University of Minnesota All Campus managed to complete a law degree at Election Commission.“I like it,”he Poland’s University of Bialystok. In says.“I get to share my experience and 2001, he landed a job with the Polish learn about the logistics of setting up > When Grzegorz Lewocki was a government, writing environmental an election.” child, his father read many books and infrastructure regulations.When Lewocki’s favorite Law School to him, including a series about the that wasn’t challenging enough, he courses are on international human travels of a Polish boy named Tomek began studying human rights law at rights and foreign relations, but he’s Wilmowski to faraway lands. “For the nongovernmental also investigating subjects that will me, it was like a beginning,”says Foundation for Human Rights. be helpful when he returns home. Lewocki, 33, a native of Siedlce in That led him to Ukraine to In his current Polish government job,

36 Perspectives S P R I N G 2 0 1 0 www.law.umn.edu spective

Allan Williams (’12); Cornell Moore, a partner 1st Lt. Mathew Keller (’11), deployed last spring at Dorsey & Whitney; and Eugene Kim (’10) and Evan with 204th Area Support Medical Company out of Sam Meersman (’12) at Palenschat (’12) exchange Cottage Grove, Minn., serves as Officer in Charge, reception the firm hosted for 1Ls malpractice ball ticket proceeds Level I Troop Medical Clinic, Camp Bucca, Iraq, until Greta Rudolph (’12) and Sara July 2010, providing medical care to members of Koehring (’12) at Scholarship Dinner the service, contractors, State Department officials, and Iraqi nationals

he’s part of a team responsible for focused on antitrust law. cooperation with the European Court In working on her Ph.D. at the of Human Rights in Strasbourg, University of Palermo, Rigazio further , prison reform, and crisis man- researched and analyzed the subject, agement, so he’s spending time in resulting in her doctoral thesis,“Anti- Minnesota touring prisons and trust and Professions:The Sports Agent.” quizzing local leaders on their response She conducted part of her Ph.D. to the I-35W bridge collapse.“I want research at NewYork University,and to go back and share my knowledge although she found the environment and experience,”he says. intellectually stimulating, the city left her cold.“It’s very big, so sometimes you feel very small,”she says. SARA RIGAZIO In contrast, Minnesota has warmed LL.M. CLASS OF 2010 her heart, despite its sometimes harsh > For her doctoral thesis, Sara weather.“It’s a great place,”Rigazio Rigazio explored the nuances of U.S. says.“‘Minnesota Nice’ is really true.” and European antitrust law.These days, at the Law School, where students are When she’s not reading, studying, the 31-year-old Italian is enhancing expected to arrive ready to debate the or in the classroom, Rigazio can often her international legal studies as an topic of the day.“I’ve never read so be found in the Hennepin County LL.M. student at the Law School. much,”she says.“You have to always Juvenile Justice Center observing child “The program is very hard,”she be prepared. It’s a good thing. I like it.” protection and adoption cases. She says between sips of cappuccino at a After leaving her hometown of La hopes the experience will help her get Minneapolis coffee shop.“It’s fast. It’s Spezia, located on the Ligurian Sea, a job as a professor with a specialty in not in my original language. Rigazio earned a political science family law,a longtime interest of hers. Sometimes it’s overwhelming.”At degree at the University of Pisa.“In “Right now in Italy,there are not Italian universities, classes are large, Italy,the political science degree is very many possibilities,”she says.“I don’t which often prevents discussions similar to the law degree,”she says. Her know if my plan is going to work, but between students and professors. Not studies at the University of Pisa I hope so.”

www.law.umn.edu Perspectives S P R I N G 2 0 1 0 37 STUDENT PERSPECTIVE

CAMERON WOOD for Cleary Gottlieb Steen & Hamilton several reasons.TheVirginia native CLASS OF 2010 in its Hong Kong office as a summer had attended Carleton College as an associate, verifying the accuracy of cor- undergraduate and enjoyed it. porate contracts, and after graduation “Minneapolis seemed like a hip place. this spring, he plans to work in the I liked the bands from here,”he says, firm’s NewYork office. He cites referring to The Replacements and accounting finance, investment others. Since his wife is from banking, securities regulation, and Wisconsin, returning to the Midwest MBA concepts as Law School courses to study law seemed like a natural. that have been especially helpful in The 2L plans to practice transac- preparing him. tional law.Among the courses he has The informal, cultural education he taken so far are corporate, advanced has received in his travels also has corporate, and bankruptcy law.“It was enlightened him. During a business a little bit of a leap of faith,”he says. dinner in ,Wood excit- “So far, I seem to be doing OK.” edly watched guanxi in action, a con- The analytical skills Harrell honed cept that is common throughout Asia in a decade of journalism have helped and emphasizes the importance of per- him in studying law,which he says > When Cameron Wood found sonal relationships.“It was a light bulb consists of “lots of reading and writing, that he had the credits to graduate moment for me,”he says. gathering of facts, and marshalling of from Wheaton College a semester arguments into telling a story.”After his early,a trip to Beijing was soon in the first year at the Law School, he was a works. Before coming home a few JEREMY HARRELL summer clerk at Ameriprise Financial months later, he had fallen in love— CLASS OF 2011 and, in writing briefs on statutory with Chinese culture. research, put to use the journalist’s At home for the summer,Wood code: Get the most important facts wasn’t sure what to do next, so he near the top.“If it’s good, get it up tutored high school students and tried high,”he says.“You’re writing for busy to find a way to return to China. Soon professionals.”This summer he plans to he’d landed an internship with ZY & apply his skills during an internship at Partners in Beijing. During a seven- Faegre & Benson. month stint, he helped Chinese lawyers, As for written opinions coming most of them already capable writers from the U.S. Supreme Court bench, of English, improve their speaking Harrell has no doubts.“Hands down, skills, and he worked on his Mandarin. the best writer is [Justice Antonin] That taste of law convinced him Scalia,”he says.“As a reader, you do that it would offer limitless opportuni- not wonder what his point is.”Then ties, so Wood dusted off his college the former reporter lets go of the last LSAT scores and zipped off applica- vestiges of his former career, objec- tions.The Law School was a natural tivity,adding,“I never agree with him.” choice for the Minnesota native, and > For years, Jeremy Harrell wrote his experiences have exceeded his about people’s dreams, ambitions, expectations. accomplishments, and failures. He’d CATHERINE O’CONNOR “It’s a rigorous school,”he says, done it as a journalist for a small CLASS OF 2012 “but it’s the people I’ve met and the Wisconsin newspaper, a theater critic > After watching her defense activities I’ve been involved in that for an alternative weekly,and a business attorney father argue a case in court, have kept my sanity the last three reporter for Thompson Reuters.Then, 8-year-old Catherine O’Connor wrote, years.”Among those sanity-saving one day,he didn’t want to do it any- “My Dad yells at people for a living.” activities: He has shot hoops in the more.“I was tired of writing about That misguided perception prompted Law School Basketball Association, other people doing stuff,”he says. her father to drag O’Connor to the stared down friends in Thursday night As managing editor at Reuters courtroom again and again, until she poker parties, and performed in Buyouts magazine, Harrell, 35, super- matured enough to understand what Theatre of the Relatively Talentless vised journalists in NewYork and his job was really about. musical productions, this year as the San Francisco, and reported on private In high school, O’Connor spent impish Puck in “A Midsemester equity deals.The strategic aspects of summers answering phones in her Night’s Dream.” the world he was covering propelled father’s small legal office.“People But Wood also has a serious side.As him to change careers.“I could be would come in really scared and really a 1L, he nabbed legal writing honors. doing what I was writing about,” nervous,”she says.“He helped calm As a 3L, he’s a managing editor on the he says. them down.”And he didn’t always Minnesota Law Review staff. He worked He chose the Law School for worry whether they could pay.When

38 Perspectives S P R I N G 2 0 1 0 www.law.umn.edu STUDENT PERSPECTIVE

STUDENT GROUP ACTIVITIES

Lawyers, judges, and students from across the country > attended the annual convention of the Midwest Region of the National Black Law Students Association (NBLSA) held Feb. 17-21, 2010, in the Minneapolis Marquette Hotel (www.law.umn.edu/ news/blsa-conf-1-4-2010.html). The Frederick Douglass Moot Court and the Thurgood Marshall Mock Trial competitions—the hallmark of the NBLSA—also were held, with finals taking place in the U.S. Courthouse in downtown Minneapolis. Jjais A. Forde (’10), president of the University of Minnesota’s BLSA, was the convention coordinator and organized the sessions and speakers, recruited judges for the moot court competitions, designed breakouts sessions, and more. The event was an unqualified success, says Law School Professor Michele Goodwin, who was among the distinguished members of the her father died several years ago, local legal community plus visitors from Washington, D.C., Michigan, St. Louis, dozens of former clients attended the and other Midwest states who served as moot court competition judges. funeral. O’Connor was impressed by “Ms. Forde deserves recognition for making the University of Minnesota the turnout.“He did things for the shine,” Goodwin says, adding that attendees “were incredibly impressed by right reasons,”she says. the sophistication of the meeting and the seamless flow of the conference.” The 1L student has that same Allen James (’12) was elected treasurer for the Midwest Region of the BLSA. passion to serve.As an undergraduate at George Washington University,she The Women’s Law Student Association (WLSA) held two service events tutored children and volunteered at an at the Law School recently that were very successful, according to the animal shelter. But that wasn’t enough, organization’s Community Service Coordinator Elizabeth Karan (’11). so before graduation, she joined the In February, the group organized a Match for Haiti Drive and not only U.S. Marine Corps Reserves and gathered donations of $893 from faculty, staff, and students, it matched all served a tour of duty in Iraq. She donations. The total of $1,786 went to the Red Cross for relief efforts in Haiti. enjoys the military’s ethnic, religious, In March the WLSA, in cooperation with the Memorial Blood Center, and geographic diversity.“The one organized a blood drive, in which 41 people participated, some of them thing we have in common is our love giving double red cell units. “Because blood can be broken down into three of the United States,”she says,“and we components—plasma, platelets, and red blood cells—the 41 whole blood and want to give back to it.” 6 double red cell units collected at the University of Minnesota Law School After returning from active duty, drive can be used to save 129 lives,” says Brian F. Googins, Memorial Blood O’Connor landed a job as a public Center College and University Recruiter. The Memorial Blood Center supplies policy analyst at a Washington, D.C., blood and blood components to more than 30 hospital partners throughout lobbying firm and finished her B.A. in Minnesota and northwestern Wisconsin. political science while working full time.The long hours prepared her for The student chapter of the Minnesota Justice Foundation (MJF) organized a life at the Law School. silent auction again this year, with online bidding taking place through eBay International law and criminal law the week of March 22–28, 2010. All proceeds go to support the MJF public were among her favorite courses this interest clerkship program. year, but she’s not sure what the future More than 100 items were auctioned off, including gift cards, member- holds. One possibility is working as a ships, and tickets to see the Twins, Timberwolves, Acme Comedy Company, military attorney in the Judge and St. Paul Chamber Orchestra. Faculty members donated generously. Advocate General’s Corps. For now, Some gave items and some gave services (e.g., drafting of a will) to be she’s busy setting up a new student auctioned. Five paid for dinner and 10 paid for lunch with the winning bidder. organization at the Law School, the Professor Carpenter’s dinner was the highest-selling faculty donation, Armed Forces Association. She hopes narrowly beating out Professor Cribari’s. Lunch with Professor Moriearty the group will be a way for military received the most student bids. The half-off BARBRI certificate was the supporters to talk, listen to speakers, highest-selling item. In all, the silent auction raised $5,300, according to and work on veteran and military- event coordinator Suriza Khong (’11). related legal projects. Combined with other fundraising efforts, including the Professor Talent “I like helping people,”she says, Show, Bowl for Justice, and pledges from students, the MJF student chapter referring to both the student group raised $16,000 for the public interest clerkship program. The program gives and her future profession.“This is a students an opportunity to design their own clerkship and work with a public good way to do that.” service organization for a summer, and it provides the organization with the valuable services of a clerk it otherwise would not be able to afford. By Todd Melby, a freelance writer and radio producer based in Minneapolis www.law.umn.edu Perspectives S P R I N G 2 0 1 0 39 STUDENT PERSPECTIVE

Student News >

ARTICLES FEATURED a member of the CNET Blog Network, a 2009-10. In addition to a $2,000 cash AND PUBLISHED market manager at Cisco Systems, and a prize, she received an expenses-paid trip field technologist focusing on cloud to the Antitrust Section’s meeting in computing and virtualization. Washington, D.C., in April 2010 to Couillard was asked to condense his receive her award. A primer by article for publication in Ars Technica, She won the competition for her law Nicholas J. which specializes in introducing and review article “Rambus, N-Data, and the Dudley (’10) on reviewing technology trends FTC: Creating Efficient Incentives in nanotechnology (http://arstechnica.com). Patent Holders and Optimizing and its possible Last September, the Oregon Court of Consumer Welfare in Standards-Setting effects on Appeals cited Couillard’s article in a dis- Organizations,” which was published in product liability and risk management sent in State v. Bellar, 217 P.3d 1094, 1111, the Albany Law Journal of Science & entitled “Sweat the Small Stuff” was 231 Or. App. 80, 110 (No. 050230673, Technology, Vol. 19, No. 2, 2009. The published as a four-part series in the A129493). article also won last year’s grand prize Nanotort Law Blog in February (www. for a second-year student in the Ninth nanotortlaw.com/nanoblog/blog.aspx Annual Intellectual Property Writing ?entry=47). Competition sponsored by Foley & The articles described the economic “Comparative Lardner. impact and real and potential dangers of Effectiveness nanotechnology, suggested a strategy and Personalized for striking a balance between security Medicine Frame and obstruction in regulation, and the U.S. Health MOOT COURT HAPPENINGS discussed specific legal problems and Care Debate” tactics for responding to them. by Lauren B. Beach was published in the The Nanotort Law Blog is written Students Corner column of the January/ by Ronald C. Wernette Jr., a partner at February 2010 issue of Update. The Bowman and Brooke who focuses on article discusses comparative effective- product liability, toxic exposure, and ness research and the U.S. government’s other personal injury defense. newly released definition of comparative effectiveness. Update is a Food and Drug Law Institute publication featuring articles on regulatory and industry issues “Defogging the in the food and drug field. Cloud: Applying Beach thanks her law independent Fourth study advisor Professor Ralph Hall and At the ABA National Negotiation Amendment her Ph.D. advisor Dr. Louis Mansky for Competition, held Feb. 4-7, 2010, in Principles to reviewing the article prior to submission. Orlando, Fla., Emily Van Vliet (’10) Evolving Privacy She expects to complete her joint (above, right) and Danielle Bailey (’11) Expectations in Cloud Computing” by degree in 2013. (above, left) advanced to the semi-finals, David A. Couillard (’10) was reviewed by scoring fourth overall in the national James Urquhart in his Jan. 17, 2010, tournament. They were fifth-ranked CNET News blog. He called the article, because of the tournament brackets. published in the June 2009 edition of WRITING AWARDED This year’s national competition the Minnesota Law Review, “a concise topics were employment law and arbi- but thorough outline of where we stand tration fairness, and in the three rounds with respect to the application of Fourth of negotiation, the team acted as Amendment law to Internet computing.” Theresa counsel for a business owner who had Cloud computing has had little Stadheim (’10) fired an employee. analysis, Urquhart said. He called took first place Also at the national competition, Couillard’s suggested strategy of treating in the ABA Van Vliet and Bailey received a trophy digital assets on third-party sites as Section of for placing first at the ABA Regional stored physical assets rather than as Antitrust Law’s Negotiation Competition at Drake transactions “highly logical.” Urquhart is Annual Student Writing Competition for University in November. Student coaches

40 Perspectives S P R I N G 2 0 1 0 www.law.umn.edu STUDENT PERSPECTIVE

Bobby Mir (’12) and Ben Tozer (’12) and NEW STUDENT GROUPS unity by offering a forum where students faculty adviser Mary Alton accompanied with differing beliefs can support and the team to Orlando. The Animal Law Society (ALS/ teach each other; to raise awareness of The overall winner in this year’s com- SALDF) has been re-formed and is any conflicts that arise pertaining to reli- petition was a team from Boston now affiliated with the Animal Legal gion and law studies; and to provide University, who will participate in an Defense Fund. The group strives to support to students of faith as they international competition in Melbourne, increase awareness and support of enter the legal profession. The group , in July. The field of competi- animal law issues among members of was created to fill a need at the Law tors for this challenging event starts with the University of Minnesota legal com- School, which has several religious more than 200 teams from more than munity. By creating relationships with groups but none that explores the 100 law schools. other graduate and undergraduate commonalities of belief and values held programs at the University and with by different faiths. In collaboration with other local law school animal law organi- other religious groups at the Law zations, the group plans to become School, the Interfaith Law League will involved with the Minnesota animal law bring in guest speakers to address community and hopes to engage in various issues surrounding religious fundraising and volunteer activities tolerance in a pluralistic society. The related to animal law. group plans to engage with the Twin ALS/SALDF has periodic meetings Cities community to participate in out- and brings in guest speakers on various reach projects organized by various faith animal law issues. Membership is open organizations. to all interested persons. For more infor- The group will meet monthly to learn mation, contact Chelsa Beaver (’12), about the various faiths, traditions, and Shannon Mitchell (’12), Amy Pikovsky practices. All are welcome to attend. (’12), Katie Stephens (’12), or Jessamyn Membership will consist of attendance Tonry (’12) at [email protected]. at meetings and activities. For more The Civil Rights Moot Court team, information, contact Sarah Stanley (’12) composed of 3Ls Dana Boraas, Anthea The Armed Forces Association, starting at [email protected]. Dexter-Cooper, Ann Entwistle, and Sara up this semester, will be composed of Seeger, advanced to the semi-finals in law students who have prior military the National Religious Freedom Moot service, are on active or reserve duty, are Court competition held Feb. 5–6, 2010, interested in becoming military judge STUDENT JOURNALS in Washington, D.C. The respondent advocates, or otherwise want to support team—Dana Boraas (above, middle) and our troops, past and present. The group The newly elected student editors, all Ann Entwistle (above, left)—won the will sponsor speakers on issues of members of the class of 2011, are: Best Brief Award. The competition was concern to the military community, • The ABA Journal of Labor & inaugurated by and hosted by George encourage pro bono work on veteran Employment Law, Volume 26: Washington University. This year’s and military-related issues, and generally Editor-in-Chief, Tyler Wiese problem dealt with the Establishment serve as a place to get together to share • Law and Inequality: A Journal of and Free Exercise clauses of the First information and resources on issues of Theory and Practice, Volume XXIX: Amendment and religious accommoda- national security, international law, and Editor-in-Chief, Nick Lienesch; tions under Title VII, focusing on regula- public policy. Executive Editor, Mikka Gee Conway tion of activities and dress of a police Membership is open to all interested • Minnesota Journal of International officer by a local police department. In persons; no past or present tie to the Law, Volume 20: Co-Editors-in-Chief, addition to their appellate advocacy military is required. For more informa- Christopher Luehr and Jonathan skills, team members demonstrated their tion, contact Catherine O’Conner (’12) Moler; Executive Editor, Steven problem-solving skills by getting home at [email protected]. Kinsella after the record-setting storms, dubbed • Minnesota Journal of Law, Science & "snowpocalypse," shut down the city. The Interfaith Law League was formed Technology, Volume 12: Editor-in- Mark K. Thompson (above, right) of in the fall of 2009 to engage people of Chief, Christian Krautkramer; Dudley and Smith and Jody A. Ward- all faiths and philosophies in authentic Executive Editor, Eric Taubel Rannow (’06) of Ford & Harrison were dialog in a positive, nonconfrontational • Minnesota Law Review, Volume 95: team advisors. atmosphere; to promote tolerance and Editor-in-Chief, Reed Schuster

www.law.umn.edu Perspectives S P R I N G 2 0 1 0 41 STUDENT PERSPECTIVE

Student News >

LEADERSHIP AWARDS needs of bisexuals. She is Executive Director of the Bisexual Orientation Law School students Lauren Beach and Project; treasurer of the Law School's Jennifer Cornell were selected as this GLBTA student organization, OutLaw; a year’s recipients of the Mary A. McEvoy member of the Minnesota GLBTA Award for Public Engagement and Campus Alliance; a volunteer for the Leadership, the first Law School stu- Minnesota Justice Foundation, and more. dents to receive the honor. The McEvoy Her work on and off campus has exem- award is given annually to one graduate plified her leadership toward increasing and one professional student for contri- respect and understanding within a butions beyond the norm in scholarship, larger goal of diversity. research, and community concerns. It is Cornell (’10) is this year’s McEvoy governed by the University’s Graduate award student recipient in the profes- Lauren Beach (J.D./Ph.D. ’13) and Jennifer Cornell (’10) and Profes-sional Student Assembly and sional category. She is Editor-in-Chief of includes a $1,000 scholarship. Law and Inequality: A Journal of Theory Beach, the graduate student recip- and Practice and has a master’s degree Beach and Cornell also received the ient, is a student in the University’s Joint in labor policy and public management 2010 University of Minnesota President’s Degree Program in Law, Health & the from the Humphrey Institute. Student Leadership & Service Award Life Sciences. In addition to her J.D. Cornell’s commitment to community from the Student Unions & Activities studies, she is pursuing a Ph.D. in the service dates back to her years with the committee of the Office for Student Department of Molecular, Cellular and Minneapolis Fire Department. During her Affairs. The honor recognizes students Developmental Biology & Genetics, for 1994-2008 tenure, she served as a fire- whose leadership and service contribu- which she is currently researching HIV fighter, acting battalion chief, and a fire tions have made a significant impact on treatments and antiviral drug resistance. investigator, and she wrote several key the educational experience and the She expects to have completed both programs and policies for the depart- sense of community on campus. degrees by 2013. ment. Among them were the pregnancy- They will receive both awards at the Beach’s interests in health and sci- leave policy and programs for con- President’s Awards Banquet on May 3. ence policy and in under-represented ducting and examining employee disci- groups have led her to become a vig- plinary review procedures for labor liti- By Pamela Tabar, a freelance writer and orous advocate for the concerns and gation avoidance. communications assistant based in Cleveland

How to calm students before final exams:

The Law School’s stress-release week featured a carnival, massage therapy, pet therapy, take-a- friend-to-lunch coupons, and a coinciding Earth Day celebration. give them ice cream from Sebastian Joe’s... and a place to bounce. something to climb on...

42 Perspectives S P R I N G 2 0 1 0 www.law.umn.edu Love and law conquer all in eighth annual original production

TORT Tames Eternal Struggle in ‘Midsemester Night’s Dream’

> The Law School’s Theatre of the such timeless compositions as “Ugliest Relatively Talentless (TORT) drew Girl in the Bar,” “What’s This,” and “500 appreciative crowds to its eighth annual Briefs.” Additional support was provided by musical, “A Midsemester Night’s Dream,” Law School Dean David Wippman; grants from the Graduate and Profes- on March 5 and 6 at downtown Professors Dale Carpenter, Brad Clary, sional Student Assembly Social Event Minneapolis’ Pantages Theatre. Total Prentiss Cox, Stephen J. Cribari, and Fund, Student Activities Administration, ticket sales topped last year’s sales, Judith T. Younger; and Career Advisor and Coco-Cola Activity Initiative. say producers Michael Pangborn (’10) Vic Massaglia played themselves in the Producers Pangborn and Dexter- and Anthea Dexter-Cooper (’10). production. Cooper extend special thanks to Steve Set in the mystical law library, the Former Vice President Walter F. Olson and the Pantages Theatre crew; production followed a wild night for Mondale (’56), Judge Ann D. Montgomery, the Law Council; Dean Wippman and the three intersecting groups of law stu- and Minnesota Supreme Court Justices Law School; Assistant Dean of Students dents: some all-powerful 3Ls with G. Barry Anderson (’79), Christopher J. Erin Keyes; Student Organization competing legal viewpoints, the four Dietzen, and Helen M. Meyer accepted Director Amber Fox; the Career & love-entangled 1Ls they decide to help, the invitation traditionally extended to Professional Development Center; and and the TORT crew working to find prominent members of the legal com- the admissions, communications, leading characters and launch the show munity to play cameo roles. advancement, and information tech- “Evil Dean III” to save Mondale Hall from Cast and crew of the 2010 TORT nology offices. foreclosure and takeover by a certain production send their sincere thanks to Next year’s offering is already downtown law school. corporate sponsors Leonard, Street and forming in the imaginations of producers Like all TORT productions, “A Deinard P.A.; Dorsey & Whitney L.L.P.; Chris Walker (’11) and Brad Hammer (’12) Midsemester Night’s Dream,” was Faegre & Benson L.L.P.; Fredrikson & and the rest of the newly elected Board. written, performed, directed, and pro- Byron P.A.; Gray Plant Mooty P.A.; Information about TORT productions duced entirely by Law School students. Lindquist & Vennum P.L.L.P.; Shumaker and purchasing a DVD is available at More than 90 actors, singers, dancers, & Sieffert P.A.; All Star Sportswear; www.lawschoolmusical.com. band members, and behind-the-scenes Felhaber Larson Fenlon & Vogt P.A.; and crew members brought to the stage the University of Minnesota Bookstore. By Mike Pangborn (’10)

www.law.umn.edu Perspectives S P R I N G 2 0 1 0 43 > Alumni Pers

Attendees at joint meeting of Board of Visitors and Law Alumni Board, now merged into Board of Advisors

Chris Yetka (’93) of Lindquist & Vennum at reception hosted by the firm for 1Ls

Alumni Profiles

JAMES PLASMAN Prisoners program set the stage, he says, In 1990, the Marshall Islands’ CLASS OF 1976 “for my zigzaggy path in and out of Nuclear Claims Tribunal was being the law,working in the public interest.” reconstituted amidst political turmoil, After two years as a public defender and Plasman answered the call to in Alaska, Plasman had no trouble adjudicate compensation claims for convincing his fiancé to move with residents whose health and lands had him to the Marshall Islands in 1979. been damaged by U.S. nuclear testing He served as the government’s public between 1946 and 1958.After Plasman defender, then joined the Ministry joined a mediation and arbitration firm of Internal Affairs and trekked across in Wisconsin, the Marshall Islands some 750,000 square miles of ocean Tribunal kept calling on him for part- on freighter “field trip ships” to assist time work, so in 2006 he returned local governments writing constitutions. full-time to chair the Tribunal. The couple returned to Alaska to Appointed an associate justice start a family,and Plasman worked in of the High Court in 2008, Plasman private practice and with a state repre- rules on the “standard stuff,”but within sentative before joining the Department a unique context.The government is of Community and Regional Affairs. parliamentary,the body of law follows > The Marshall Islands keep calling He served local governments and the U.S. model, and land rights are James Plasman, and answering the call native communities in rural Alaska based on matrilineal descent. Plasman has been ideal for someone who likes and became deputy director of the explains,“The customary land law doing things in unique ways.The Law department’s Municipal and Regional is an oral tradition, and because it’s School’s Legal Assistance to Minnesota Assistance Division. a small, new country,we are faced

44 Perspectives S P R I N G 2 0 1 0 www.law.umn.edu pective

Stacy Bettison (’99) speaks Minnesota Supreme Court Associate Justice Alan to Prof. Jennie Green’s Page (’78) and former U.S. Supreme Court Justice Human Rights Litigation and Sandra Day O'Connor at luncheon during her visit International Advocacy to Law School in February Clinic about media relations Bruce (’80) and Tracy Mooty at Annual Scholarship Dinner

with novel questions of law.” with executive positions at G&K Career zigzagging aside, Plasman’s Services, First Data Corporation/ life is straightforwardly traditional.A First Health, and Employee Benefit tennis player, he’s been married for 30 Plans Inc. years and has three sons with college Since 2004, Kuck has served degrees and jobs. Universal Hospital Services (UHS) as executive vice president and chief operating officer. He and his colleagues TIMOTHY KUCK work with healthcare providers facing CLASS OF 1983 simultaneous challenges of capital > “The most fun I had in my life” availability,reimbursement rates, and is not how most people describe taking cost and efficiency pressures. Never the Bar and CPA exams within three far from the numbers and laws months of each other. But Tim Kuck affecting UHS’s clients, Kuck calls their says,“It was really one of the greatest challenges “opportunities to provide experiences, because I took all the stuff solutions” and adds,“if it’s not chal- I’d learned and got it all together. It lenging, it’s not for me.” was a great intellectual exercise.” business law.As a partner at Popham Kuck derives the most satisfaction During college, Kuck found debits Haik in Minneapolis, he worked on from making a difference in people’s and credits “intriguing,”so once he mergers and acquisitions, corporate development and success, individually decided on law school instead of busi- finance, and general corporate law and in teams.“Law gets down to how ness school, he never even thought from 1984 to 1991. He then com- people are interacting,”he explains. about practicing anything other than pounded his finance and legal interests With 1,500 people reporting to his

www.law.umn.edu Perspectives S P R I N G 2 0 1 0 45 ALUMNI PERSPECTIVE

UHS division, Kuck spends a lot training Topp, and she admired the of time interacting. He draws on attorneys in the small health group “analytical skills and strategic thinking” who, like her, valued family and com- established during law school,“where munity as much as law.She’s now a you’re not just looking at the next partner in the group. thing but at relationships, decision trees, Topp is also chair of the non-profit consequences.”He prefers to challenge and tax exempt organizations group, people to think about options and which serves foundations, charities, alternatives rather than tell them what philanthropists, trade associations, and to do. publicly traded companies establishing Although he runs and reads, Kuck private foundations. In another practice still likes interacting off duty.He enjoys area, she helps standards-developing spending most of his time with his organizations navigate patent and wife and children, people at church antitrust matters and does “a bunch of and his country club, and “going out things I never thought I’d do.” with the boys.” Topp’s nonprofit experience and priorities go far beyond Dorsey & focused on specializing. In house, the Whitney’s walls.As a board member difference is really being in tune with CLAIRE HARKRIDER TOPP for Friends of the Orphans, she does what’s going on with the business and CLASS OF 1992 pro bono work, raises money,and visits working on a wide variety of legal the orphanages in Central America matters.”She uses the knowledge of that the organization supports.“Being franchise law she gained from private involved with the children in orphan- practice to keep Snap Fitness in good ages has been a real drive for me,”says shape at home and abroad. Founded in Topp, who takes her two children 2004, the company has 1,100 locations along “to open their eyes.”She is also in the United States,Australia, Canada, incoming chair of Community Health India, and Mexico, with more in the Charities Minnesota and served six works. years on the board of the Charities Initially reluctant to follow in the Review Council. footsteps of a family of lawyers, Reflecting on her earlier expecta- McElroy was inspired by her attorney tions and her current work, paid and father’s work ethic even as he faced unpaid, she says,“I didn’t have a plan. cancer, and by her Belgian mother’s It was really an evolution.” strength as a young widow raising a family.The Law School’s international programs attracted McElroy,who had > Claire Topp got an advanced ALI McELROY studied in France and Russia.As a law teaching degree expecting to become CLASS OF 2004 student, she studied international law Commissioner of Education.Then she > It’s all working out at Snap in Greece for a summer and experi- enrolled in a dual Humphrey Institute/ Fitness for Ali McElroy,a runner and enced a different legal system in Lyon, Law School program expecting to tennis player who was named the France, for a semester.Working with focus on public policy.“Much to my franchise corporation’s first, and sole, asylum clients through the Law surprise, I really liked law and didn’t in-house counsel in 2009.“I never School’s immigration clinic and like public policy,”she recalls.“Law imagined I’d have the opportunity to clerking for former Minnesota school gives you a very structured, start a law department at this stage in Supreme Court Chief Justice Kathleen linear way to think about things. I try my career,”she says. Blatz further fueled her commitment to be a really practical lawyer.” Consciously or not, she’d been set- to justice. After working in educational law, ting the stage since 2005, working on Traveling with her brother as he Topp joined Dorsey & Whitney in international business transactions, fran- makes documentary films, McElroy has Minneapolis in 1992. She wasn’t sure chise and distribution law,mergers and become involved in Haiti with she’d like working at such a large firm acquisitions, and international corpo- orphanages, economic development, but was captivated by the “excellent, rate counseling at Faegre & Benson in and a new university.In northern talented lawyers and clients who have Minneapolis. She did some work for Uganda she has observed economic very cutting-edge issues” and has been Snap Fitness as outside counsel, and development projects for women and there for 18 years.“I never expected I now she’s providing insider input on displaced farmers.“I’m a bit of an ide- would have so much fun and be doing processes and systems and business alist at heart,”she says. so much diverse work,”she says. opportunities. The diversity began with health- McElroy is excited about being a By Karen K. Hansen, a Minneapolis-based care law.Dorsey & Whitney invested in generalist:“Today a lot of law is freelance writer and clarinetist

46 Perspectives S P R I N G 2 0 0 9 www.law.umn.edu ALUMNI PERSPECTIVE

Law School Board of Visitors and Alumni Board Merge

> After a full year of consultation and planning, the Law School’s two longstanding boards, the Board of Visitors and the Law Alumni Board, have voted to merge to form the Board of Advisors.The newly created board is expected to be fully consti- tuted, with an active working com- mittee structure later this spring, and begins its life with 34 active members retained from the two former boards. Kristine Erickson (’72) will serve as chair. “Merging the two boards will result in a more focused, active, and engaged board,”says Dean David Jan Conlin (’88), Dean Wippman, and Kristine Erickson (’72) Wippman.“This will help us draw on the wisdom and talents of our alumni to advance the Law School at a pivotal capacity.Its mission statement describes Visitors.“By including nonboard moment in the School’s history.I its role as that of “aiding and supporting members on those committees, we expect to work closely with the Board the Dean, faculty and staff in strategic expect more meaningful engagement on strategic planning, student recruit- planning, policy decisions and resource with the Law School by a broader ment and placement, alumni engage- development.” group of individuals.” ment, and fundraising.” The Board of Advisors will include The merger process was led by a Exploration of a merger began at Executive, Governance/Nominating, core group of members from each of the April 2009 joint meeting.The two Development,Alumni Relations and the former boards, including Jan former boards had a combined semi- Community Engagement, and Conlin, David Eldred (’02), Kristine annual meeting schedule and shared Academic Engagement standing Erickson, Phil Garon (’72), Patrice similar purposes, serving in an advisory committees.“The committee structure Halbach (’80), Joan Humes (’90), capacity to the Dean with no formal allows for concrete action items on Harvey Kaplan (’64), Jeannine Lee policy-making role.The new Board specific projects,”says Jan Conlin (’88), (’81), Marshall Lichty (’02),Thor of Advisors will serve in a similar President of the former Board of Lundgren (’74), and Judy Oakes (’69).

Join the Partners at Work Challenge >

This is the 3rd year of the University of Minnesota Law Employer Partners Lindquist & Vennum School’s Partners at Work challenge. The Partners at Work Akin Gump Lommen Abdo challenge is a friendly competition to increase alumni par- Bassford Remele Maslon ticipation at local, national, and international organizations Best & Flanagan Meagher & Geer who employ 5 or more University of Minnesota Law School Bowman and Brooke Michael Best alumni. The challenge currently has over 30 participating Briggs and Morgan Moss & Barnett law firms and corporations, and includes over 900 alumni. Cargill O'Melveny & Myers Even in last year’s challenging economy, participation from Dorsey & Whitney Oppenheimer these firms and corporations increased from 48% to 56%. Faegre & Benson Perkins Coie Thank you very much to those participating for your gen- Flynn Gaskins & Bennett Robins, Kaplan, Miller & Ciresi erosity and commitment to supporting the excellence and Fredrikson & Byron Sidley Austin mission of the University of Minnesota Law School. Fulbright & Jaworski Skadden Arps Gray Plant Mooty Sonnenschein Knobbe Martens United Healthcare If you’d like to learn more, please contact Evan Johnson Larkin Hoffman Winthrop & Weinstine at 612-625-6584 or [email protected]. Leonard, Street and Deinard Zimmerman Reed

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Fellowship Helps Graduates Take Learning Into the Field

> In mid-August of 2009 Nick be good representatives of the Law while Feneis offered hands-on legal Manthey (’09) left for Quito, Ecuador, School,”says Dana Bartocci, CPDC advice at aVLN clinic inside the to conduct research and assist five employer relations coordinator. Fellows Hennepin County Government Center. attorneys who had formed a nonprofit either found an organization to work Torma did a great deal of research organization to develop a curriculum with or selected one from a list the on organizations similar toVLN in an for teaching mediation and arbitration. Law School had established, Bartocci effort to formulate a more efficient The opportunity was part of the Law explains. process for providing legal services to School Robina Post-Graduate Many of the partnering groups people facing bankruptcy.VLN needed Fellowship program, which offers have limited funding and staff available a “new model” for working with those graduates an opportunity to do public for public policy research.The fellows clients, he says. policy research for nonprofit organiza- are able to gain experience and refer- His proposal for changing theVLN tions, assist public defender offices, or ences while helping an organization, process, which has been adopted, assist judges while adding real-life Bartocci says. Fellows “have a chance included having nonlawyer volunteers experience to their resumes. to reach out and help a community help clients collect the necessary docu- Manthey speaks fondly of his time while improving their credentials,” mentation before their court date.The in Ecuador.“One thing I would say is Haynes adds. new process has cut the time required the most meaningful The Post-Graduate program fol- to manage a bank- work involves lows in the footsteps of the Robina ruptcy case by as “opportunities where summer fellowship program, begun last much as 50% and you are able to help year, which offers Law School students reduced “the time others,”he says.“I internships in the community while and stress” of getting found this was true still attending school, Bartocci says.The “mundane paper- of my work in Law School hopes to continue a sim- work” in order Ecuador.The people ilar program this summer, she says.The before hearings and I worked with were Minneapolis-based Robina Foundation trials, he says. both warm and kind, funded most of the Post-Graduate fel- Torma also sug- and it was a great lowships.The foundation, the brain- gested allowingVLN Nick Manthey (’09) experience trying to child of well-known philanthropist and to serve clients with Mark Torma (’09) help a small, dedi- alum James H. Binger (’41), is a con- slightly higher cated group of lawyers change the tributor to other Law School programs. incomes—up to 200% of the poverty legal system in a country of 13 million level.To meet the increased workflow, people.” VLN would have to stanch the flow of Filling important needs clients returning again and again as By all accounts, Post-Graduate fellows their “judgment-proof” status changed, The fellowship’s first year were treated as attorneys and did not he explains. The Law School’s new Program on spend their time copying documents, Clients without jobs are judgment- Law,Public Policy,and Society,which fetching coffee, or answering phones. proof and not liable for their debts. But is backed by a grant from the Robina They got started nearly the moment when they get jobs, their creditors have Foundation, funded a majority of the they arrived making serious contribu- a right to ask for payment,Torma 37 fellowships awarded to graduates in tions to their organizations. explains. Such clients revisitVLN the program’s first, says Alan Haynes, Consider Mark Torma (’09) and repeatedly as they lose and get jobs. director of the Career and Professional Josh Feneis (’09), who used their fel- The solution Torma arrived at was for Development Center (CPDC). In lowships to contribute to theVolunteer VLN to have judgment-proof clients return for a $5,000 stipend, fellows Lawyers Network (VLN), a nonprofit go through the bankruptcy procedure provide 400 hours of service to the organization offering legal services to so they would not cycle throughVLN’s partner organization. people in poverty who face civil issues, system time and again. Making that The fellows chosen exhibited a such as housing, bankruptcy,debt col- change means those clients “would not desire to “make a difference on a larger lection, and family problems.Torma be back for years rather than months,” scale” with organizations and “would provided policy advice on several issues, says Torma.

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“It was a really great experience to be out in the community connecting with people. It was a lot more beneficial than a job search done from my laptop, and it opened up a new career possibility in public policy work.”–Ellen Maxfield (’09)

Feneis arrived atVLN after Torma, me,”she says. Edina, Minn., during his fellowship, starting in January of this year. He Manthey taught English at a local says theVLN project “gave me a spent much of his time at the Quito school in 2004 and traveled chance to research in a field I’m deeply Government Center clinic, offering widely in Central and South America. interested in, and it gave me a chance legal advice in 15- to When he returned to Quito last to meet the local bench and bar. I had 20-minute incre- summer to work at the human rights a chance to meet with a lot of dif- ments to help clients organization DECIDE Corporación de ferent people, and the work, to my understand, for Estudios, he lived with a group of mind, was very meaningful.” example, the impact young people from around the world For at least one recipient, the fel- of a default judgment who worked in various agencies. lowship turned out to be a conversa- or how to fight for Ecuador’s new constitution, tion starter. During an interview with the return of a secu- adopted in 2008, had an overarching a judge for a clerkship in Todd County, rity deposit. He used goal of reforming and modernizing the Feneis pointed out that he had worked his remaining fellow- nation’s legal system, and one objective withVLN on a Robina Post-Graduate Josh Feneis (’09) ship time atVLN to was creation of an alternative dispute Fellowship.The judge, Jay D. Carlson, develop volunteer process. Manthey helped build a frame- wound up hiring him.“I brought up attorney clinics.“I work for a program to teach professors what I had been doing the last couple spent a lot of time at Ecuador’s 18 law schools how to of months and he was suddenly inter- learning about the integrate mediation and arbitration ested,”says Feneis.“I believe it helped process and proce- classes into the curriculum. In addi- me get the job.” dure of the system tion, he created a structure that will Maxfield’s experience may have and how the law allow law schools to provide low-cost changed her outlook on nonprofit really affects people,” legal services based on models found organizations.At one time, she aspired he says. in the Law School and at the to a position with a large law firm, but Ellen Maxfield Minnesota Justice Foundation (MJF). now she has broadened her search to (’09) used her Post- Moreover, he created a Web site for include nonprofits.“It was a really Graduate Fellowship the organization featuring its publica- great experience to be out in the com- Ellen Maxfield (’09) to work at the tions and then put to use his grant- munity connecting with people,”she United Way of writing skills in two ways. He says.“It was a lot more beneficial than Central Ohio in Columbus, her home- translated several lengthy grants appli- a job search done from my laptop, and town. In 2010 she researched pending cations and identified potential finan- it opened up a new career possibility Ohio legislation that would have an cial donors to DECIDE. in public policy work.” impact on United Way,drafted legisla- Having conducted grant research After his time in Ecuador, Manthey tive testimony for board members and for a Hennepin County judge who toured Columbia with a friend before volunteers in an effort to support a created a special co-parenting court for returning to Minnesota to clerk for school wellness bill, and reignited the divorcing couples, Manthey had a Hennepin County Judge Bruce agency’s dormant public policy good idea of how to find foundations Peterson. Manthey stays in touch with newsletter. willing to fund new legal projects.“I the attorneys he assisted in Quito and Maxfield has been astonished by ended up using Google to find quite a hopes to establish a connection how quickly the United Way put her few potential donors” for the non- between them and the MJF. talents to work on top-line issues and profit, he says. Some money DECIDE “I really love Quito,”he says.“It’s in representing it at meetings.Within hopes to raise would be dedicated to a center of business, nonprofit, and a month of joining the agency,she establishing a partnership with the legal activity in South America and made a presentation before nearly MJF,he points out. I knew it would be a great place to 80 people involved with the Ohio work to make a difference during my Workforce Coalition.“I’ve been fellowship.” incredibly impressed by the work and The value of the experience the autonomy and the possibilities Torma, who found a position at the By Frank Jossi, a freelance writer based the United Way of Central Ohio gave Autism Advocacy and Law Center in in St. Paul, Minn.

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$225 per seminar, or purchase a $795 SuperPass and SAVE! SUMMER CLES: SuperPass users can take up to 7 courses (excluding June 12), Mark your pay only $75 for each course over 7 (excluding June 12), calendar! and add the highly-regarded Krogh program on June 12 for only $125! May 31– June 12, 2010

The University of Minnesota Law School Presents the 31st Annual Summer Program of Continuing Legal Education Seminars

Monday, May 31 Monday, June 7 Accounting and Finance for Lawyers The Constitution in a Conservative Court: Two 8:30-4:30 with Edward S. Adams Decades and Counting 8:30-4:30 with Dale Carpenter Tuesday, June 1 Administrative Law Review and Update Tuesday, June 8 8:30-4:30 with Kristin E. Hickman Selected Topics in Unfair Competition and Business Torts Wednesday, June 2 8:30-4:30 with Thomas F. Cotter Understanding the Current State of the Law in Trademarks, Copyright and Related Areas of Wednesday, June 9 Intellectual Property Hot Topics in Contracts and Commercial Law 8:30-4:30 with Daniel J. Gifford 8:30-4:30 with Brian Bix

Thursday, June 3 Thursday, June 10 Contracts for the International Sale of Goods Securities Litigation in the Post-Meltdown 8:30-4:30 with Oren Gross World 8:30-4:30 with Richard W. Painter Friday, June 4 New Perspectives on Liability and Responsibility Friday, June 11 in the Wake of the Financial Crisis Consumer Financial Services Regulation: 8:30-4:30 with Claire A. Hill Updates From a Rapidly Changing World 8:30-4:30 with Prentiss Cox Saturday, June 5 The Ethical Implications of Representing Saturday, June 12 Individuals With Mental Disabilities (morning) and Integrity: Good People, Bad Choices and Life Overcoming Internal and External Bias in Lessons From the White House Representing Individuals With Mental 9:00-12:15 with Egil (Bud) Krogh Disabilities (afternoon) 9:00-3:00 with Carl M. Warren

FOR MORE INFORMATION: VISIT www.law.umn.edu/cle/2010, OR CALL (612) 625-6674, OR EMAIL [email protected]

CLE credit: 6.5 general credits have Location: All courses are held at the Parking and directions: For informa- Refunds: If notice of cancellation is been requested for each course except Law School, Walter F. Mondale Hall, tion, go to www.law.umn.edu/contact/ received in writing on or before May June 5 (3 ethics credits, morning; subplaza level, 229 19th Ave. S., directions.html. 21, 2010, refunds will be made, minus 2 bias credits, afternoon) and June 12 West Bank campus of the University a $75 processing charge. No refunds (3 ethics credits). Credit has been of Minnesota, Minneapolis, 55455. will be given for cancellation after applied for in Wisconsin. May 21, 2010.

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Annual Scholarship Dinner McNamara Alumni Center, March 9, 2010 1

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5

3 4

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> The Law School’s 2010 Scholarship 1. Lois Lindquist, David R. Brink (’47), Sandra Stein, Recognition Dinner program included Robert A. Stein (’61), and Avis Lindquist a testimonial from student scholarship 2. Walter Mondale (’56), Matthew Webster (’11), and Jeff Michael recipient Forrest Tahdooahnippah (’10) 3. Mike Galvin Jr. (’57) and David Brink (’47) and remarks by Bruce Mooty (’80) from 4. Bruce Mooty (’80) the perspective of a scholarship founder 5. Chouhei Mullin, Frances Galvin, and Mike Galvin Jr. (’57) and donor.Also, Judy Oakes and Joe Dixon, 6. Judy Oakes (’69) and Joe Dixon (’69) Class of 1969, shared the success of 7. Walter Mondale (’56), Catherine O’Connor (’12), David Doty (’61), fundraising efforts for a class scholarship. and Mary Doty

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Class Notes

News About Your Classmates and Colleagues

1955 1973 Sandra H. Johnson was appointed city attorney for Bloomington, Minn., replacing retiring city attorney Clinton Schroeder, a longtime principal with Robert Bannerman is serving as the Commercial David R. Ornstein (’71). She has been with the city Gray Plant Mooty, Minneapolis, received the Marty Counselor at the U.S. Embassy in . attorney’s office for 19 years, is president of the Baskerville Philanthropy Award from the Minneapolis Minnesota Association of City Attorneys, and is a Rotary Community Service Foundation for his signif- 1977 member of the Minnesota Criminal Justice Task Force. icant contributions through leadership and participa- tion in numerous community and charitable James Strother of Wells Fargo & Co. in San 1982 organizations. Francisco received the lifetime achievement award in the Best Bay Area Corporate Counsel awards pre- Richard T. Ostlund of Anthony Ostlund Baer & 1968 sented by the San Francisco Business Times and the Louwagie received the 2009 Attorney of the Year Silicon Valley/San Jose Business Journal. award from Minnesota Lawyer for securing a $73 Robert M.A. Johnson is retiring as Anoka County million recovery in a case of financial self-dealing by Attorney at the end of 2010. He joined the office as 1978 a residential-complex developer. chief deputy county attorney in 1974 and has held the office of county attorney since 1982. After retire- Tim Brausen was awarded the 2009 Edward J. Bonnie E. Raquet was appointed to the 14-member ment, he plans to continue serving in advisory roles Flahavan Award by St. Paul-based CommonBond Thrivent Financial for Lutherans Board of Directors in public policy organizations. Communities in recognition of his work to ensure and serves on the board’s governance and invest- access to affordable housing for economically disad- ments committees, employing her expertise in gov- Harry S. (Terry) Martin is the interim director of the vantaged people. ernment relations, media relations, communications, Tarlton Law Library and the Jamail Center for Legal brand management, marketing services, and corpo- Research and a visiting professor, University of Texas 1979 rate social responsibility. She currently works at School of Law, Austin. Cargill Inc. as a Corporate Vice President, Corporate Nancy Gores was elected 2010 chair of the St. Louis Affairs. 1971 Park, Minn., School Board, on which she has served in various capacities since 2004. She is a litigation 1983 Harold Berk was appointed the tax credit columnist attorney with Stilp, Robinson and Grove. for the CCH Journal of Passthrough Entities. He Joan Bibelhausen received the 2009 Attorney of the wrote “Treasury is the New Investor: 1602 Grants in Gary Fuchs has joined Hellmuth & Johnson, Eden Year award from Minnesota Lawyer for her leader- Lieu of Low-Income Housing Tax Credits” in the Prairie, Minn., as a partner in the real estate practice ship in assisting lawyers with stress and life-balance Sept.-Oct. 2009 issue and is now working on an group. He has more than 30 years of experience in issues as Executive Director of Minnesota Lawyers article on renewable energy tax credits and grants. the areas of real estate, construction, and civil litiga- Concerned for Lawyers. tion. David R. Ornstein retired as city attorney for Mary Vasaly, a partner at Maslon Edelman Borman & Bloomington, Minn., after serving the city for 36 1980 Brand, is the first recipient of the Steven A. Pihlaja years and overseeing developments that include the Justice Partner Award, created to recognize efforts Mall of America, IKEA, and Bloomington Central Scott DeLisi was nominated by President Obama to improve the justice system or support Minnesota’s Station. He received the 2002 Public Attorney last November and confirmed by the U.S. Senate in Fourth Judicial District. She was honored for her Award of Excellence from the Minnesota Bar March for the position of Ambassador Extraordinary work to secure funding for legal services to the dis- Association and the 2001 Distinguished Public and Plenipotentiary of the United States of America advantaged during her 2008-09 presidency of the Service Award from the International Municipal to the Federal Democratic Republic of Nepal. Hennepin County Bar Association. She is also a Lawyers Association.

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Your classmates, and the Law School, would love to know what important things are going on in your life, and we welcome your submissions for the Class Notes section of Perspectives. To be included in the next issue, your items must reach us by October 1, 2010. Submit your news via our Web site at http://www.law.umn.edu/alumni/updates.html, via email at SEND US [email protected], or via mail to the Office of Advancement, Suite 321, University of Minnesota Law School, 229 19th Ave. S., Minneapolis, MN 55455. We look forward to hearing YOUR NEWS > from you, and thanks for keeping in touch!

founding member of The Infinity Project, dedicated 1991 1993 to advancing gender diversity on the Eighth Circuit Court bench, which received a $170,000 two-year Timothy C. Rank received the 2009 Attorney of the grant from the Open Society in November 2009 to Year award from Minnesota Lawyer for his role as support its mission. Assistant U.S. Attorney in prosecuting the largest Meredith McQuaid is one of fraud case in Minnesota history, the Tom Petters case. 1986 four international education leaders across the country 1995 John F. Docherty received the 2009 Attorney of the who will join the board of Year award from Minnesota Lawyer for his role as directors of NAFSA, the world’s largest nonprofit Jeff Bureau recently accepted a position as counsel Assistant U.S. Attorney in prosecuting the largest professional association dedicated to international in the general counsel’s office at Ameriprise fraud case in Minnesota history, the Tom Petters case. education. The membership of nearly 10,000 Financial Services, Minneapolis. He was previously a represents all 50 states and more than 150 countries. contract attorney at Wells Fargo Bank. 1989 The board of directors guides NAFSA through a strategic plan of broad goals, with specific objec- 1996 Randall Kahnke is co-editor and a contributing tives assigned to committees and task forces. As author for The Secrets to Winning Trade Secret Associate Vice President and Dean for International Brian Johnsrud recently opened the Silicon Valley Cases (Thomson West, 2009). He is head of the Programs at the University of Minnesota, McQuaid office of Curley & Mullen, an employment law bou- business litigation practice at Faegre & Benson and promotes the global dimensions of teaching and tique with offices in New York City and Philadelphia. has been recognized as a leading litigator in Best research. Previously, she served in international He continues to practice employment and labor law Lawyers in America, Super Lawyers, and Chambers programming positions at the Law School, where on behalf of management. USA. she managed its programs in China, expanded its international exchange programs, and increased its 1990 population of international students.

Gerald Robinson recently ended four years at the 1992 Patrick Lee-O’Halloran joined New Jersey office of Boies, Schiller & Flexner, where Hammargren & Meyer, bringing he developed expertise representing whistleblowers Angela Lageson was named Senior Vice President, more than a decade of litigation in qui tam actions under federal and state False General Counsel, and Secretary at Pentair, experience in complex con- Claims Acts. Upon returning to Minnesota, he helped Minneapolis. She has been with the company struction law and surety matters. pass the Minnesota False Claims Act in May 2009. for seven years, previously as Assistant General He recently joined Hellmuth & Johnson, Eden Prairie, Counsel and Assistant Secretary, and has provided 1997 Minn., as chair of its false claims act practice group legal support to all of the company’s global business and currently focuses his practice on representing units. James Lamm has been elected a Fellow in the whistleblowers and other fraud recovery actions. American College of Trust and Estate Counsel. Kevin Wolf was confirmed as Assistant Secretary of Pieter Teeuwissen has been appointed city attorney Commerce for Export Administration by the U.S. 1999 for Jackson, Mississippi; elected chair of the Senate in February 2010. The post falls within the Mississippi Board of Bar Admissions; and selected to Commerce Department’s Bureau of Industry and Benjamin Warpeha has accepted a position with serve on the Diversity Committee of the National Security, which is responsible for export control, Schleck & Associates at its Plymouth, Minn., office. Conference of Bar Examiners. treaty compliance, and strategic technology. He will continue in his practice areas of criminal

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defense, restraining orders, and related litigation. He 2003 2008 also has a practice in collections and civil litigation. Melanie Kleiss Boerger has joined the engineering Shaheen Karolia joined the corporate and finance 2000 firm Kleiss Gears Inc. as interim CEO. group at Baker & McKenzie in Toronto.

Stacy Marsh is Assistant Vice President of the 2005 João Medeiros is a law clerk for Judge Ann L. Employment Counsel at Pacific Life Insurance Carrott in Minnesota’s Seventh Judicial District. Company. Joshua I. Welle has become a partner at Olson and Welle (formerly known as Olson & Price), a law firm 2009 2001 representing public construction contractors in Minnesota, Iowa, North and South Dakota, and Josh Feneis joined Volunteer Lawyers Network Rachel Brass was named a partner at Gibson, Dunn Nebraska. (VLN) on a postgraduate clinics attorney fellowship & Crutcher in San Francisco. Her practice focuses on in December 2009. He is helping improve accessi- domestic and international antitrust and competition 2006 bility of VLN resources, supporting high-quality brief law and appellate litigation. services, and conducting site visits and evaluations Laura Schultz joined Tuttle & Bergeson, where she of services at various clinics. Sarah Link Schultz was elected to the partnership at will practice in the areas of family, civil, and criminal the international law firm of Akin Gump Strauss law. Anne Hoyt Taff joined Volunteer Lawyers Network Hauer & Feld. (VLN) as an AmeriCorps VISTA attorney in 2007 December 2009. She represents clients in consumer Judy Yi was promoted to shareholder at Polsinelli and bankruptcy cases and is working on a VLN- Shughart. She also was named president of the Calvin Ding is working at the Shanghai and Houston Minnesota Justice Foundation joint project to Asian American Bar Association of Kansas City. offices of Greenberg Traurig. His practice covers expand consumer-related clinics and programs and mergers and acquisitions, venture capital/private bankruptcy services across the state. 2002 equity, and international trade.

Peter C. Furrer joined Von Briesen & Roper as a Stephanie Johnson joined the U.S. Department of member of the litigation and risk management Agriculture’s Office of the General Counsel as an group, where he focuses on commercial disputes attorney-advisor in the Conservation and and general litigation matters. He represents clients Environment Division. Her work focuses on Clean Eric J. Van Schyndle joined in arbitrations, mediations, and state, federal, and Water Act and Clean Air Act issues. Quarles & Brady in its appellate courts and has presented oral arguments Milwaukee office, where he before the Seventh Circuit Court of Appeals. works in the commercial litigation group.

54 Perspectives S P R I N G 2 0 1 0 www.law.umn.edu ALUMNI PERSPECTIVE

> Alumni Tributes

RUSSELL W. LINDQUIST LESLIE C. GULBRANDSON on our organization and the University CLASS OF 1945 CLASS OF 1952 than Russ,” said President and CEO of Leslie C. Gulbrandson passed away Oct. the University of Minnesota Foundation 3, 2009, at age 86 in Tucson, Ariz., his Steven L. Goldstein in an email residence since retiring as Justice of the announcement to staff. Supreme Court of Montana. He was born Bennett joined the Foundation board in Montana and was part of the state’s in 1982 and leaves a legacy of service legal system his entire professional life. and commitment. He chaired the 1985-88 Gulbrandson was a combat pilot in capital campaign, which raised $365 World War II and received a million, topping the public university Distinguished Flying Cross, Purple Heart, record, and the 2003 campaign, which Avis and Russell W. Lindquist and five Air Medals for his service. He raised $1.7 billion. The Foundation then completed his legal education at established the Russell M. and Elizabeth Russell W. Lindquist, an alumnus and the Law School and returned to Montana M. Bennett Chair in Excellence to honor long-time friend of the Law School, to work as a county attorney in Glendive. the couple’s exceptional service, passed away Jan. 24, 2010, at age 88 in In 1960, he became a district court judge. Goldstein said. Minnetonka, Minn. A dedicated sup- During his 22 years as the sole judge After serving as a trial officer in the porter of the Law School, he and his for Montana’s seventh district, he U.S. Navy, Bennett joined what would wife established the Avis and Russell became known as a law-and-order trial become Gray, Plant, Mooty, Mooty and Lindquist Scholarship in 2004 to assist judge. When he ran for election to Bennett in 1954. He practiced corporate students in financial need. Montana’s Supreme Court in 1982, a and estate planning law there for the In 1948, Dorsey & Whitney recruited Washington state newspaper noted his next 55 years, becoming a partner in Lindquist specifically to develop a real reputation as “one of the state’s 1961. His name was added to the firm’s estate department at the firm. His toughest judges in criminal cases.” title in 1977. ensuing achievements are legendary. He Gulbrandson responded that “consis- He served as legal counsel for the and firm lawyers were involved in many tent” would be more accurate. Hearing Industries Association (HIA) of the area’s most significant real estate He won the election and served as from 1955-93 and always had a big smile transactions of the time, including devel- a Justice from “and an even bigger heart,” said Carole opment of the Southdale Shopping 1982 until his retirement in 1989. Rogin, HIA’s Executive Director. “Despite Center and building of the Metropolitan Gulbrandson is survived by his wife, the fact that his illustrious law career Stadium and the IDS Center. After put- Billie, Tucson; stepchildren Stephen took him way beyond the HIA board ting together the Baker and Northstar Gulbrandson, Billings, Mont.; Julie Lewis, table, he stayed with us and guided blocks in downtown Minneapolis, Calama, Chile; and Craig Wagner, HIA through the most challenging, Lindquist was the legal force behind cre- Glendive; and two grandchildren. developmental years of the industry.” ation of the skyway system that today Serving others was a way of life for links virtually the entire downtown. Bennett, and he generously supported Lindquist formally retired as a RUSSELL M. BENNETT the United Way, American Red Cross, partner with Dorsey & Whitney in 1988, CLASS OF 1952 Blake School, and many other organiza- but he continued his close relationships tions and was a trustee at Deephaven’s through frequent attendance at partner Church of St. Therese for 30 years. An meetings and volunteer activities. “Russ active alumnus, he “often talked about was an engaging and humble visionary, how important the University was to his who had a twinkle in his eye and a kind life,” Goldstein said, and in 2001 the word of support for all,” said Managing University awarded Bennett an honorary Partner Marianne Short in a company- doctorate. An avid sailor, he crossed the wide email. “We are stronger because of Atlantic solo at age 70 in a trimaran he his contributions and will miss him designed. dearly.” Bennett is survived by his wife of He is survived by his wife, Avis Russell Bennett, a dedicated friend of 58 years; daughters Mary B. Carlton, Enstad Lindquist; sons Brian and Mark the University, died of cancer at his Chanhassen, Minn., and Robin B. Lindquist; daughter Jill Hanson; stepsons home in Excelsior, Minn., on April 7, 2010, Schoenwetter, Plymouth, Minn.; three Bruce and Paul Enstad; and several at age 80. “No volunteer in the history grandchildren; three siblings, a step- grandchildren. of the Foundation had a greater impact brother, and many other relatives.

www.law.umn.edu Perspectives S P R I N G 2 0 1 0 55 ALUMNI PERSPECTIVE

> In Memoriam

CLASS OF 1938 John G. Kressel Jr. CLASS OF 1954 CLASS OF 1967 Marion M. Hurley Jan. 23, 2010 Michael Bolen Ernest W. Collins Jr. Sept. 15, 2009 Edina, Minn. Jan. 21, 2010 Nov. 21, 2009 Pasadena, Calif. Gerald R. Walsh Edina, Minn. Redwood City, Calif. Nov. 18, 2009 CLASS OF 1940 Federal Way, Wash. CLASS OF 1955 CLASS OF 1970 Lester A. Druck Frederick S. Barkman David J. Alleman Nov. 6, 2009 CLASS OF 1950 Sept. 27, 2009 Sept. 23, 2009 Madison, Wisc. James Dorfsman Bellevue, Wash. Winona, Minn. May 20, 2009 Marvin G. Lind CLASS OF 1941 St. Paul, Minn. CLASS OF 1956 April 30, 2009 Howard M. Kohn John M. Hayes Lawrence J. Vaubel Minneapolis, Minn. March 13, 2009 Oct. 24, 2009 Aug. 19, 2009 St. Louis, Mo. Georgetown, Del. Minneapolis, Minn. CLASS OF 1973 James Pomush John A. McHugh Nancy M. Scranton Dec. 30, 2009 Dec. 12, 2009 CLASS OF 1958 July 21, 2009 Circle Pines, Minn. Edina, Minn. William B. McCallum Freemon, Ohio John E. Wasche Aug. 28, 2009 CLASS OF 1945 April 20, 2009 Phoenix, Ariz. CLASS OF 1974 Russell W. Lindquist Robbinsdale, Minn. Paul D. Tierney Richard A. Nelson Jan. 24, 2010 July 18, 2009 March 28, 2009 Minnetonka, Minn. CLASS OF 1951 Minneapolis, Minn. Eden Prairie, Minn. Clayton O. Rost Jr. Dewey H. Gruening Oct. 19, 2009 Dec. 9, 2009 CLASS OF 1959 CLASS OF 1982 San Francisco, Calif. Yuba City, Calif. Thornton P. Anderson Lorraine S. Clugg Merle Lightner Saunders John E. Keefe March 20, 2009 March 2, 2009 Dec. 19, 2009 Sept. 1, 2009 Minneapolis, Minn. Minnetonka, Minn. Portland, Ore. Hutchinson, Minn. Maynard O. Panser CLASS OF 1961 CLASS OF 1986 CLASS OF 1946 Jan. 16, 2010 John F. Bannigan Jr. Nicholas A. Champlin Donald C. Levin Sr. Brooklyn Center, Minn. Dec. 4, 2009 June 25, 2009 Oct. 19, 2009 St. Paul, Minn. Alameda, Calif. North Oaks, Minn. CLASS OF 1952 Robert W. Boyd Russell M. Bennett April 3, 2009 CLASS OF 2002 CLASS OF 1947 April 7, 2010 Duluth, Minn. Sandra L. Yue Elwood M. Graham Excelsior, Minn. David R. Von Holtum Feb. 4, 2010 Oct. 12, 2009 Leslie C. Gulbrandson Sept. 18, 2009 Minneapolis, Minn. Ocean Springs, Miss. Oct. 3, 2009 Worthington, Minn. Tucson, Ariz. CLASS OF 2003 CLASS OF 1948 William P. Lines CLASS OF 1962 Jennifer L. Dekarske Robert E. Fauss Nov. 11, 2009 Robert N. Roningen Dec. 19, 2009 June 21, 2009 Milaca, Minn. Jan. 4, 2010 St. Paul, Minn. Dallas, Tex. Duluth, Minn. Edward M. Glennon CLASS OF 1953 May 3, 2009 Robert F. Eaton Jr. CLASS OF 1963 Minneapolis, Minn. Dec. 26, 2009 Donald J. Sorensen Vernon A. Nolte Duluth, Minn. April 5, 2009 March 8, 2009 Edward J. Foley Eden Prairie, Minn. Fairmont, Minn. Dec. 30, 2009 CLASS OF 1966 Pacific Grove, Calif. William W. Garrison CLASS OF 1949 Richard E. Grunert July 28, 2009 Robert G. Hull Feb. 11, 2010 Bemidji, Minn. May 30, 2009 Morganton, Ga. Ebert D. Olson Cottonwood, Ariz. March 18, 2009 Naples, Fla.

56 Perspectives S P R I N G 2 0 1 0 www.law.umn.edu Partners in Excellence Annual Fund Update

Dear Friends and Fellow Alumni: As National Co-Chairs of this year’s Partners in DEAN LAW ALUMNI BOARD AND Excellence annual fund drive, we are pleased that many David Wippman BOARD OF VISITORS 2009-10 of you have chosen to benefit the Law School with Grant Aldonas (’79) your generosity through gifts to the Law School Fund. ASSISTANT DEAN AND Deborah Amberg (’90)† In this time of varied economic challenges, you have CHIEF OF STAFF Austin Anderson (’58) recognized the importance of contributing to the Law Nora Klaphake Justice Paul Anderson (’68) School, particularly in light of rapidly dwindling state Former Chief Justice support. We thank all of you who have given so far DIRECTOR OF COMMUNICATIONS Russell Anderson (’68) and wish to specially acknowledge the generosity of Cynthia Huff Albert (Andy) Andrews (’66)† this year’s Fraser Scholars and Dean’s Circle donors James J. Bender (’81) (through April 15, 2010). SENIOR EDITOR AND WRITER Governor James J. Blanchard (’68) Clearly, this is a critical time in the Law School’s Corrine Charais Elizabeth Bransdorfer (’85)* history, and its continued excellence absolutely Gregory Bulinski (’79)† James L. Chosy (’89) and Julie Knox Chosy (’90) depends on investment from each of us as alumni. DIRECTOR OF ADVANCEMENT John Bultena (’76)† We feel extremely fortunate to have had the opportu- Jean M. Sazevich James Chosy (’89) nity to attend the Law School. In addition to rigorous Jan Conlin (’88) training, the Law School afforded us the opportunity ASSOCIATE DIRECTOR OF William Drake (’66) > FRASER SCHOLARS to develop relationships that have endured and ADVANCEMENT David Eldred (’02) James Annenberg La Vea Samuel D. Heins enriched our lives, both professionally and personally, Joe Thiegs Kristine Erickson (’72) James J. Bender Richard M. Ihrig with many exceptional people. Moreover, we are Elizabeth (B.J.) Fesler (’87)† Michael V. Ciresi Gregory P. Joseph inspired by the positive things happening now under CONTRIBUTING WRITERS Joseph Finley (’80) Jan Conlin & Eugene Goetz K. Thor Lundgren Dean David Wippman and are confident that with Abigail Cerra Patrice Halbach (’80) William T. Dolan Dennis M. Mathisen adequate financial support, he can lead the Law Corrine Charais Catharine Haukedahl (’79) David S. Doty J. Stewart McClendon School to its ambitious goals of not only maintaining T. Evan Fisher Judge Natalie Hudson (’82)* Stanley Efron James H. Michael but improving and strengthening its reputation of Karen K. Hansen Joan Humes (’90) Matthew K. Entenza Bruce W. Mooty excellence. Evan Johnson Harvey Kaplan (’64) Gerald H. Friedell John W. Mooty Your sustaining gift to the annual fund each year Frank Jossi David Kettner (’98) James T. Hale Vance K. Opperman is a vitally important resource. For example, a gift of Cathy Madison Thomas King (’65) $5,000—whether from one person or several people Kelsey Dilts McGregor David Lee (’70) combined—is equivalent to the annual payout from Todd Melby Jeannine Lee (’81) an endowment of more than $111,000. We know there Mike Pangborn Marshall Lichty (’02) > DEAN’S CIRCLE are many worthy causes requiring your attention, Jean Sazevich K. Thor Lundgren (’74) Michael J. Adams Ronald M. Mankoff but as alumni of the Law School, we have a special Steven Schmidt Ambassador Tom McDonald (’79) Perspectives is a general interest magazine published in Frank R. Berman Russell V. Michaletz responsibility. Please join your fellow alumni and Pamela Tabar Judge Peter Michalski (’71) the fall and spring of the academic year for the University Christopher J. Chaput Thomas J. Moore friends in stewardship of the Law School by renewing Joe Thiegs Rebecca Moos (’77) of Minnesota Law School community of alumni, friends, James & Julianne Chosy Daniel R. Pennie your support with a gift of any amount by June 30. Suzanne Thorpe Richard Morgan (’84) and supporters. Letters to the editor or any other communi- Joseph M. Finley Curtis L. Roy Thank you again for your generosity. Nicole Elsasser Watson Dennis Nguyen (’98) cation regarding content should be sent to Cynthia Huff Philip S. Garon Allen I. Saeks Aaron Welo Charles Noerenberg (’82)* ([email protected]), Director of Communications, John C. Goetz Robert J. Schroeder Sincerely, Judith Oakes (’69)* University of Minnesota Law School, 229 19th Avenue South, Jay H. Grant Ronald J. Schutz COVER ILLUSTRATION Patricia O'Gorman (’71) N225, Minneapolis, MN 55455. John F. Hartmann Michael R. Sieben Stephen Webster Richard Pepin Jr. (’67)† Gary J. Haugen David J. Steingart Paula Richey (’76) The University of Minnesota shall provide equal access to Thomas R Hood Tony J. Tanke PHOTOGRAPHERS Judge James Rosenbaum (’69) and opportunity in its programs, facilities, and employment William A. Johnstone Jr. George J. Tichy II Jayme Halbritter Michael Sieben (’72) without regard to race, color, creed, religion, national origin, Duane E. Joseph Robert R. Weinstine James L. Chosy (’89) and Julie Knox Chosy (’90) Tim Rummelhoff Rachna Sullivan (’96) gender, age, marital status, disability, public assistance David & Martha Kadue Rodger D. Young 2010 National Co-Chairs, Kathy Seipp Judge John Tunheim (’80) status, veteran status, sexual orientation, gender identity, Partners in Excellence Annual Fund Fordam Wara (’03) or gender expression.

DESIGNER *Second term ended October 2009 Carr Creatives †Second term ended April 2010 ©2010 by University of Minnesota Law School. Nonprofit Org. SPRING 2010 U.S. Postage INTHISISSUE PAID 0 1 0 2 G N I R P S N225 Mondale Hall Former Justice O’Connor Visits • Justice Thomas Seminar • Legal Aid for Mille Lacs Band • Summer CLE 229 19th Avenue South Minneapolis, MN Minneapolis, MN 55455 Permit No. 155

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