Contents SCHOOL of LAW

UCLA Contents SCHOOL OF LAW

THE MAGAZINE OF THE SCHOOL OF LAW V OL. 25–NO. 1 FALL 2001

2 A MESSAGE FROM DEAN JONATHAN D. VARAT UCLA Magazine 2002 Regents of the University of California 4 THE JUDGES OF UCLA LAW

UCLA School of Law 12 JUDGES AS ALTRUISTIC HIERARCHS Box 951476 Sidebars: Los Angles, California 90095-1476 Externships for Students in Judges’ Chambers Faculty who have clerked Jonathan D. Varat, Dean Kerry A. Bresnahan ‘89, Assistant Dean, External Affairs David Greenwald, Editorial Director for Marketing and 16 FACULTY Communications Services, UCLA Recent Publications by the Faculty Regina McConahay, Director of Communications, Kenneth Karst gives keynote address at the Jefferson Memorial Lecture UCLA School of Law William Rubenstein wins the Rutter Award Francisco A. Lopez, Manager of Publications and Graphic Grant Nelson honored with the University Distinguished Teaching Award Design Donna Colin, Director of Major Gifts Gary Blasi receives two awards Charles Cannon, Director of Annual and Special Giving Law Day Shines on Michael Asimow and Paul Bergman Kristine Werlinich, Director of Alumni Relations Teresa Estrada-Mullaney ‘77 and Laura Gomez conduct workshop on The Castle Press, Printer Institutional Racism Design,Tricia Rauen, Treehouse Design and Betty Adair, The Castle Press Photographers,Todd Cheney, Regina McConahay, Scott 25 MAJOR GIFTS Leadership in the Development office: Quintard, Bill Short and Mary Ann Stuehrmann 1 Assistant Dean Kerry Bresnahan ‘89 UCLA School of Law Board of Advisors Director of Major Gifts Donna Colin Michael Masin ’69, Co-Chair Director of Annual and Special Giving Charles Cannon Kenneth Ziffren ’65, Co-Chair William M. Bitting ’65 Gifts to UCLA Law: Jonathan Chait ’75 UCLA Law Meets Evan Frankel Foundation’s $1 Million Dollar Challenge Stephen E. Claman ’59 The Bruce I. Hochman Award for Excellence in the Study of Tax Law Deborah David ’75 Paul Hastings, Janofsky & Walker LLP Honors Barbra Davis ‘84 Hugo D. de Castro ’60 Pew Charitable Trusts Funds Major Grant David Fleming ’59 Arthur Greenberg ’52 Antonia Hernandez ’74 29 LAW ANNUAL FUND REPORT The Honorable Veronica Simmons McBeth ’75 Ralph Shapiro ’58 30 E VENTS Robert Wynne ’67 Williams Project Launched with Success and Honors Rosenfield Symposium UCLA Law Association Board of Directors Frankel Symposium Wendy Aron Detata ’96, President Commencement Address Beth K. Cranston ’86, Vice President Dennis L. Perez ’82, Secretary STUDENTS The Honorable Steven Z. Perren ’67, Treasurer 45 Lon S. Sobel ’69, Alumni Representative UCLA Law Students Hammer Out Agreement in Uzbekistan Shedrick O. Davis ’87, Past President Jennifer Rothman ’02 Publishes Two Articles Susan Azad ’89 Intramural at UCLA Law Meredith Blake ’95 Triple Header at UCLA Law The Honorable Bob S. Bowers ’72 2001-2002 Moot Court Team Jeffrey Cowan ’91 Michael A. K. Dan ’69 Andrew Elmore ’02 Wins Aaron Award Greg Ellis ’85 UCLA Law Students Win Two ABA Law Students Division Awards Carol Engelhardt ’69 Student Animal Legal Defense Fund The Honorable Norman L. Epstein ’58 Olympic Torch Hector G. Gallegos ’94 John Gastelum ’83 ALUMNI Kathleen Marston Hogaboom ’80 51 Eric G. Lardiere ’83 Class of 1952’s 50th reunion Margaret Levy ’75 Class Notes Emiliano Zeke Lopez ’97 In Memoriam Andrea Sheidan Ordin ’65 Obituaries Cathy Reed ’90 Break the Cycle Brette Simon’94 Jack E. Sorokin ’75 UCLA Performing Arts Marjorie S. Steinberg ’75 Carole and Everett Meiners Plan Now for UCLA Law’s Future The Honorable James F. Stiven ’69 Randolph C. Visser ’74 Donna Cox Wells ’92

UCLA LAW F ALL 2002 Message from the Dean

Message from the Dean

Dear Members of the Law School Community,

s if anyone needed confirmation of the quality students are engaged with great minds [and] caring faculty of the education that our students receive at the who deliver a consistent message that with this education A School of Law, the recent spate of judicial comes a wonderful career and a responsibility to truly be appointments of alumni should serve notice that UCLA stewards of justice.” Law indeed has come of age after a little more than a half- To read more about the Bruin judiciary, see our cover century in existence. story, The Judges of UCLA Law. Among the more than 110 appointments to the Superior Some of you may notice something missing from this Court bench made by Gov. Gray Davis in 2001 and 2002, Fall issue of UCLA Law Magazine: the annual Honor Roll more than 10 percent were UCLA Law alumni (and include of donors to the School of Law. We’ve decided to try some- the first Vietnamese-American and Korean-American thing different this year and to send it to you as a separate, women appointed to the stand-alone publication. 2 state bench). In addition, We hope that by offering the governor elevated two the Honor Roll to you as a other Bruins to seats on the separate piece, more people state Court of Appeal and ultimately may have a one was confirmed for the chance to see it and to U.S. District Court. recognize those alumni This shouldn’t come as who have been so generous a surprise to anyone. The in their support of the School of Law has a long School. Whether this might history of successfully be a permanent change in placing its graduates, a fact our approach to presenting that reflects the school’s excellent national ranking. Our the Honor Roll has not been decided. That will, in part, alumni, more than 12,000 of them, work in coveted positions depend on the feedback we receive from you, our readers. in the greater Los Angeles area and around the world as Elsewhere in this issue, we feature the wealth of attorneys in public and private practice, business executives, thought-provoking symposia and conferences the Law writers, journalists, professors and academic administrators. School hosted this past spring semester. These events And among those numbers also are many, many judges. attracted participants from around the country and, indeed, As Los Angeles Superior Court Judge David Horowitz the world, who discussed vital legal topics as varied and ’66 has noted: “It is no wonder that so many UCLA Law informative as they were fascinating. Faculty and students, graduates have selected a life of public service and find alumni practitioners and a wider community all engaged in themselves on the bench. From the first year of law school, the wide-ranging discussions.

UCLA LAW F ALL 2002 Message from the Dean

It would be impossible in this space to torts scholarship of our beloved colleague, detail all of these events, but some of the Gary Schwartz, who died last summer, and highlights illustrate the breadth of the “Our School can was remembered fondly at a memorial subjects studied. The 26th annual UCLA certainly march service the preceding October with more Entertainment Law Symposium drew more than 300 family members, colleagues, towards its second than 400 participants in January to “Film, students, and friends. A special issue of Television, and Music In the New Global half-century with the UCLA Law Review containing these Economy.” The Charles R. Williams gift to a proud heritage remarkable essays and many personal launch a Project on Sexual Orientation Law tributes to Professor Schwartz will be and clear vision resulted in an inaugural Update on Sexual published at year’s end. of the future.” Orientation Law that will become an annual The volume and quality of these policy update. And Visiting Professor activities may have been particularly high 3 David Nimmer presented his scholarship last spring, affording students, faculty, on the copyright issues surrounding control of the Dead Sea alumni and esteemed colleagues from around the world an Scrolls in his lecture, “Who Owns the Dead Sea Scrolls?” unusual array of special opportunities for active exploration In March, the UCLA Law Review celebrated its 50th of compelling issues of legal policy, theory and practice. But anniversary by viewing critically the privatization and you should anticipate that for the UCLA School of Law this “third party” implementation of government functions at a is to be the norm. Our School can certainly march towards symposium that is now endowed in perpetuity by Skadden, its second half-century with a proud heritage and clear Arps, Slate, and Meagher & Flom LLP. Also in March, the vision of the future. As we embark on a new year of learn- inaugural symposium for the Evan Frankel Environmental ing and scholarship, I’d like to take a moment and thank Law and Policy Program, with the keynote address delivered you all for your support all year long. It is your generosity by UCLA Professor of Physiology and Pulitzer Prize-winning that makes these enriching activities possible, and your author Jared Diamond, drew standing-room-only crowds participation that makes us a community. and lively debate as it explored “Integrating Human Communities and Natural Environments.” Mark Rose, professor of English at UC Santa Barbara, delivered this year’s Melville B. Nimmer Lecture on the fascinating topic of “Copyright and Its Metaphors.” In April the Williams Project sponsored a conference on Exclusion and Asylum. Finally, the 2002 Ann C. Rosenfield Symposium in April was dedicated to the life-long work in

UCLA LAW F ALL 2002 Judges of UCLA Law

ACTIVE ALUMNI APPOINTED TO THE BENCH

By David Greenwald and Regina A. McConahay

or such a young school — the Fybel ’71 and his classmate Laurence youngest, in fact, among top-tier Rubin ’71. The thirteen UCLA alumni law schools in the United States appointed to the Superior Court in F seven counties — more than 10 percent — UCLA School of Law has established “This is a noble profession. of the total number of Superior Court a long tradition of sending graduates This is a noble calling. appointments that Gov. Davis has to the judiciary. made in the past eighteen months — That tradition continues to grow I love the law.” included: Jacqueline H. Nguyen ’91, with the appointments by Gov. Gray — the first Vietnamese- American woman Davis of twelve more UCLA Law — California Court of Appeal to hold a seat on the California bench, alumni to Superior Courts throughout Tammy Chung Ryu ’87, the first Associate Justice Steven Z. California in 2001 and 2002 — including Korean-American woman, Joe W. the first Vietnamese-American and Perren ‘67 upon being named Hilberman ’73, H. Chester Horn Jr. ’72, Richard H. Kirschner ’68, Dorothy Korean-American women to serve on 1998 Judge of the Year the California bench — and the eleva- L. Shubin ’84, by the Ventura County Trial tion of two alumni to seats on the and Alumni Board Marjorie state Court of Appeal. In addition, Lawyers Association. Member S. Steinberg ’75 another alumnus, Percy Anderson ’75, in Los Angeles was nominated by President George County; David F. 5 W. Bush, and confirmed by the Senate, De Alba ’79 in for appointment to the U.S. District Sacramento Court for the Central District of County; Katrina California. both professors and students can turn Richard H. Kirschner ’68 West ’90 in San Los Angeles Superior Says David Sklansky, Associate for insights into how the legal process Bernardino Court Dean and Professor of Law, of UCLA’s actually operates,” Sklansky says. And County; Laura success in seeing its graduates into the fact that UCLA alumni are preva- Whitcomb Halgren ’84 in San Diego judicial appointments: “It is a reflection lent throughout the judiciary “lets the County; Susan M. Breall ’82 in San of the high caliber of the students we legal community and the public at Francisco County; Frederick P. Aguirre ’71 Elisabeth attract, and of the quality of education large know about the terrific quality of in Orange County; and Sichel ’79 in Riverside County. we provide them. It is a strong indica- our graduates. It provides yet another They join tion that we are doing things right.” indication of the significance that is an illustrious With the new appointments, there placed on a UCLA Law degree and is group of alum- are some 150 Bruins on the Superior an enhancement to the prestige that ni who have Court bench throughout California, has come be associated with UCLA earlier taken mostly in Los Angeles County, and School of Law.” their places on about fifteen sitting on state appellate Those Bruins elevated to the California Court of Appeal were Rich the bench. courts (including Associate Justice Janice R. Brown ’77 of the California State Supreme Court). There are some Laura Whitcomb Halgren ‘84 San Diego Superior Court twenty UCLA alumni in the federal judiciary in California. All those Bruins sitting on benches throughout California is not only a positive reflection on the School of Law; they provide a tremendous Rich Fybel ‘71 Laurence D. Rubin ’71 resource for students and faculty at the California Court California Court school. “These are people to whom of Appeal of Appeal

UCLA LAW F ALL 2002 Judges of UCLA Law

FEDERAL JUDGES OF UCLA LAW

Alex Kozinski ‘75 Dorothy W. Nelson ‘53 Kim McLane Wardlaw ‘79 U.S. Ninth Circuit Court of Appeals First UCLA Law graduate appointed to U.S. Ninth Circuit Court of Appeals the U.S. Ninth Circuit Court of Appeals

Alex Kozinski ’75, a mentor to many Senior Circuit Judge Dorothy W. President Bill Clinton appointed Kim UCLA Law students who regularly Nelson ’53 was appointed in 1979 McLane Wardlaw ’79 to the federal chooses UCLA Law clerks, was shortly after completing her decade- bench in 1995, and he elevated her to elevated from Chief Judge of the U.S. long tenure as the Dean of the USC the U.S. Court of Appeals three years 6 Claims Court in Washington D.C. to Law Center. She was the first woman later. Judge Wardlaw contributes the U.S. 9th Circuit Court of Appeals in member of the USC Law faculty and significantly to the School by mentoring 1985 at the age of thirty-five, making the first woman dean of a major law law students, young lawyers and espe- him the youngest federal appeals court school. Judge Nelson is a national cially women lawyers. The National judge in this century. Judge Kozinski is authority on legal education and judicial Organization of Women awarded her a regular participant in School of Law administration and since 1985 has the Buddy in recognition of this dedi- events and delivered the commence- chaired the Board of Directors of the cation. Judge Wardlaw’s appointment ment address to the 45th graduating Western Justice Center. The Los to the bench followed a successful class in 1996. He was named Alumnus Angeles Times named her the 1968 litigation career at O’Melveny & Myers of the Year in 1998. A man of many “Woman of the Year,” and in 1969 she LLP representing some of the largest interests, his talents extend well received the UCLA Award for corporations in America. Her contribu- beyond the courtroom: he is a member Professional Achievement. In 1993, tions to the School of Law include of the Academy of Magical Arts & Chancellor Charles Young awarded donations to the Hugh and Hazel Sciences. her the UCLA Medal; she was the first Darling Law Library fund, participa- Law graduate to be so honored. Two tion in the Bar Swearing-In Ceremony, members of the UCLA Law faculty and meeting with students and new have clerked for Judge Nelson: Laura lawyers over informal dinners. Gomez, professor of law and sociology, and Sue Gillig, assistant dean of the clinical law program.

UCLA LAW F ALL 2002 Judges of UCLA Law

FEDERAL JUDGES OF UCLA LAW

Lourdes Gillespie Baird ‘76 Robert N. Block ’78 Jeffrey T. Miller ‘67 Barry Russell ‘66 U.S. District Court U.S. District Court U.S. District Court U.S. Bankruptcy Court

U.S. District Court Judge Lourdes for the School, Gary A. Feess ’74, Robert N. Block ’78 is Chief Magistrate Gillespie Baird ’76 was born in Quito, William D. Keller ’60, Mariana R. Judge for the U.S. District Court, Ecuador, the youngest of seven Pfaelzer ’57 who, appointed in 1978, is Central District. James Larson ’68 is a children. She was appointed to the East the first UCLA Law graduate to hold a U.S. Magistrate Judge in U.S. District Los Angeles Municipal Court in 1986, federal judgeship, and who won the Court, Northern District. In the 7 and to the U.S. District Court in 1992. 1976 Professional Achievement Award Southern District, Ruben Brooks ’71, This 1990 Alumna of the Year is a and was named Alumna of the Year in and Jeffrey T. Miller ’67, are judges, welcome face at the School of Law, 1979, and Gary L. Taylor ’63, a prolific and James F. Stiven ’69 is a U.S. where she has participated in the Bar writer and speaker who was named Magistrate Judge. The United States Swearing-in Ceremony and led the Alumnus of the Year three years ago Bankruptcy Court is home to four Alumni Association. Other UCLA Law and recently participated as a judge for alumni: Meredith Jury ’76, Kathleen members of the U.S. District Court for the School of Law’s Roscoe Pound Lax ’80, and Barry Russell ’66, serve in the Central District of California Moot Court Tournament. The Honorable the Central District of California, Judge include David O. Carter ’72, Audrey B. John G. Davies ’59 has retired, and the Russell on the Appellate Panel; Collins ’77, who received the UCLA Honorable Percy Anderson ’75 just Michael S. McManus ’78, is Chief Law Professional Achievement Award joined that court. Judge of the Eastern District. in 1997 and remains active volunteering

David O. Carter ‘72 James Larson ’68 Michael S. McManus ‘78 U.S. District Court U.S. District Court U.S. Bankruptcy Court

UCLA LAW F ALL 2002 Judges of UCLA Law

ALUMNI JUDGES ON THE CALIFORNIA COURT OF APPEAL

Steven Z. Perren ‘67 Joan Dempsey Klein ‘55 Elwood Lui ’69 (Ret.) California Court of Appeal California Court of Appeal California Court of Appeal

fter seventeen years as a Presiding Judge Joan Dempsey 1998, Richard D. Aldrich ’63, Norman Ventura County Superior Klein ‘55 is the first UCLA Law gradu- L. Epstein ’58, president of the Alumni Court judge, Steven Perren ate to hold a California judgeship, hav- Association in 1976, a current member 8 A ’67 was elevated in 1999 to the Court of ing been appointed in 1963 to the of the Alumni Association, and the Appeal. His support of future lawyers Municipal Court. She was also the first 2001 recipient of the State Bar of is rivaled only by his commitment to UCLA Law Associate Justice of the California’s highest award, the Witkin helping troubled youth; the Steven Z. Court of Appeal, and the first graduate Medal, Charles S. Vogel ’59, who was Perren Juvenile Justice Center in to preside over it. The 1963 UCLA Law Alumnus of the Year in 1986, Paul A. Ventura County, which will integrate Alumna of the Year, and the Turner ’72, and the late Howard M. services to house, rehabilitate, educate, 1975 recipient of the Professional Dabney ’65. and provide job training for young Achievement Award, she is a leader in offenders, was named in his honor. At professional women’s organizations the School of Law, Judge Perren volun- and very supportive of her alma mater, teers his time to judge moot court com- presiding at the annual Bar Swearing- petitions, swear in newly minted In ceremony and participating in other lawyers to the bar, and mentor stu- School of Law activities. Other alumni dents. He is the School of Law’s alum- now serving or having served on the ni representative to other professional state Court of Appeal include Roger schools and programs at UCLA and is W. Boren ’73, Elwood Lui ’69 [ret], an executive committee member of the Alumnus of the Year for 2000 and Alumni Board. president of the Alumni Association in

Norman L. Epstein ‘58 California Court of Appeal

UCLA LAW F ALL 2002 Judges of UCLA Law

CALIFORNIA SUPREME COURT

“I had the opportunity to go watch my husband argue before the Court of Appeal this morning, and the presiding justice turned out to be Norman Epstein… He is a jurist of heroic proportions… I watched the other two cases that were Janice R. Brown ‘77 heard before Sam’s, and I John Arguelles ‘54 California Supreme Court was awestruck by Justice First UCLA Law graduate appointed to the California Supreme Court Epstein’s kindness, thoughtfulness, intelligence he child of a noncommissioned Justice Brown is not the first Air Force officer, California and decisiveness. UCLA Law graduate to sit on the Supreme Court Associate He made me proud to Supreme Court; she was preceded by T 9 Justice Janice Brown ’77 was born in be a lawyer.” John A. Arguelles ’54, who was Alabama and lived on and around elevated to the court by Gov. George — military bases in the western and Deukmejian in 1987. He retired from southwestern areas of the country, Donna Cox Wells ‘92 the court in 1989. He received the often in racially segregated housing. UCLA Professional Achievement She attended segregated schools and Award in 1998. experienced a childhood of indignities and fears. “Having trials in life makes you strong,” she said. “It gives you a sense of mission.” Settling in California, she attended Cal State University Sacramento before entering UCLA School of Law and dedicating her professional life to public service, government and political law. In 1991, she was tapped by Gov. Pete Wilson to become his counsel as Legal Affairs Secretary for the Office of the Governor. Wilson appointed her Associate Justice of the California Court of Appeal in 1994, and less than two years later she was elevated to the California Supreme Court.

UCLA LAW F ALL 2002 Judges of UCLA Law

SUPERIOR COURT

David A. Horowitz ’66 Billy G. Mills ‘54 (Ret.) George Schiavelli ’74 (Ret.) Los Angeles Superior Court Los Angeles County Superior Court Los Angeles County Superior Court

Judge Richard Schauer ’55, who president, Bob Bowers ’72 and received the 1981 UCLA Professional Kenneth Black ’74, both currently Achievement Award, is the first UCLA serving on the Alumni Board bench, Law alumnus to have been appointed and Veronica Simmons McBeth ’75, a 10 “I felt lucky [to have to the Superior Court bench, beginning member of the Dean’s UCLA School of studied with Roscoe Pound] a proud tradition. Some of the most Law Board of Advisors and the 1998 at UCLA. His speech in 1906 active alumni, including several who recipient of the William H. Rehnquist have served as president of the Alumni Award for Judicial Excellence, which on the causes of popular Association, are or have been Superior was given in 2002 to Ronald M. dissatisfaction with the Court judges. Among them have been George, Chief Justice of the State of administration of justice is David A. Horowitz ’66, Billy G. Mills California. as relevant today as in ’54 [RET.], the 1984 Alumnus of the 1906…I like to think in Year, George Schiavelli ’74 [RET.], the Alumni Association’s immediate past terms of ideas that would affect hundreds of thousands of people. In practice, you only affect one person at a time.” — Senior Circuit Judge Dorothy Wright Nelson ‘53, Ninth Circuit Court of Appeals

Bob S. Bowers ’72 Veronica Simmons McBeth ’75 Los Angeles Superior Court Los Angeles Superior Court

UCLA LAW F ALL 2002 Judges of UCLA Law

OUT-OF-STATE STATE JUDGES

“I can see why everyone wants to be a judge. You are in the position to administer justice the way you think it should be administered. In my court, that means everyone is treated with respect.” — Kathryn J. Nelson ’79 Judge Patricia Titus ’84, Pierce County Superior Court Los Angeles Superior Court

Of nearly 200 current or recently most famous case, involving Ernesto retired “UCLA Honorable Alumni,” Arturo Miranda. Although the U.S. only a handful work outside of Supreme Court, with Chief Justice Earl California. They include Peggy Jean Warren writing for the majority, over- Nelson ’73 of the District Court of New turned Miranda’s rape and kidnapping Ed note: 11 Mexico; Scott Jordan ’75 from the conviction in June 1966, he was not set Thanks to Professors Ken Karst and David District Court of Nevada; R.B. free. Miranda v. Arizona did not affect Sklansky and the research assistance of Merriweather ’71 from the Miranda’s robbery conviction, for Cynthia Lewis, Kevin Gerson, Jennifer Philadelphia Municipal Court of which he still had to serve time. Lentz and Linda Maisner of the Hugh and Pennsylvania; Edward C. Clifton ‘75 of Furthermore, Maricopa County prose- Hazel Darling Law Library. Thanks also to the Superior Court in the State of cutors felt that even without his con- Louise Lillard ’85 and Karen Stigler ’02 for Rhode Island; Joseph B. Brown Jr. ’73, fession, which the Supreme Court’s review. from the Criminal Court of the State of ruling made inadmissible, there was Tennessee; and Kathryn J. Nelson ‘79, still sufficient evidence to retry him for a Superior Court judge in Pierce the 1963 rape and kidnapping that County, Washington. launched the famous case. Ironically, the first UCLA Law The Maricopa prosecution did retry the judge served not in California, but in case and prevailed. One year to the day Arizona. The late Chief Judge of the after arguments in Miranda v. Arizona Arizona Court of Appeals, Laurence T. were heard in Washington, D.C., Wren ’55, was first appointed to the Miranda was re-sentenced to twenty to Municipal Court bench of Flagstaff, thirty years in prison for the crime that Arizona in 1961. Less than a decade launched the opinion that has affected later, as a Superior Court judge of police interrogation procedures for Maricopa County, he presided over his nearly forty years.

UCLA LAW F ALL 2002 Scholarly Article: Judges as Altruistic Hierarchs Judges as Altruistic Hierarchs: The Modern Judiciary Rests on the Expectation that Judges will Behave in an Altruistic Fashion

by Professor Lynn Stout 2001 George P. Wythe Lecture at the William & Mary School of Law Abridged feature by Alumni Advisor Louise Lillard ’85

In the broader realm of the social may also use their power to impose ing to the social context. How people sciences, altruism is both common their personal preferences on the broader behave is affected by such factors as society. Yet most judges perceive an how the experimenter asks them to and predictable. People regularly obligation or responsibility to do a behave, how they expect other members keep promises, leave tips, and good job. Judges often feel they ought of the group to behave, and how much decline to take advantage of to “do the right thing” by deciding they identify with other members of other people’s mistakes, even in cases fairly, impartially, and correctly. the group. If others in our group are commercial transactions. Most To understand fully the modern behaving nicely we are much more people do not mug other people; judicial motivation and behavior, we likely to behave nicely ourselves. We must believe that judges do not always do not behave the same at a wedding 12 not solely out of fear of punishment act completely out of self-interest. reception as we do when we are but also out of a desire not to Rational choice usually presumes that negotiating to buy a car. hurt or frighten others. people will act to improve their own Economic factors are also signifi- interests. But this rational choice analysis cant. People behave altruistically and when applied to judges omits the will be honest and fair and generous he Supreme Court decision that important element of altruism. We only if it doesn’t cost them too much. determined the outcome of the expect judges to do the right thing, to They are also more inclined to be T2000 presidential election (Bush behave in an altruistic manner even cooperative if their acts result in great v. Gore, 121 S.Ct.525 (2000)) illustrated, though they may feel otherwise. We benefit to others. Cooperation in social among other things, that judges are expect them to act as though they dilemmas appears to be negatively truly hierarchs, that they possess care less about their own personal correlated with the cost of cooperation remarkable powers over the fate of oth- preferences and more about what to the cooperating players and posi- ers, and that often they have been could be described in various ways: tively correlated with the benefits of selected by the very people whose moral principles, commitment to such cooperation to others. Altruism is fortunes they decide. Such hierarchs public service, legal most likely to be are expected to avoid abuse of this craftsmanship, or even observed when the cost “Rational choice great power by fairly and impartially noblesse oblige. of cooperation to one- applying the law independent of any Social scientists who usually presumes self is relatively small personal considerations or convictions. study human behavior that people will act and the benefit to others This case reminded many that this through “social dilemma” to improve their is relatively large. concept, this ideal, remains just that: an experiments, have found own interests. But Nevertheless, even small ideal, which may or may not be realized that most people (not acts of altruism can, in this rational choice in judicial decisions. always, but frequently) the aggregate, produce Judges have no external incentive cooperate and demon- analysis when applied considerable social gains. to perform ideally or even to do a good strate concern for the to judges omits the job. They are not punished for bad welfare of others, even important element We need to incor- decisions nor rewarded for good ones. to their own detriment. porate the phenomenon of altruism.” Judges may base their decisions on a However, such altruistic of socially contingent neutral application of the law, but they behavior varies accord- altruism into our analysis

UCLA LAW F ALL 2002 Scholarly Article: Judges as Altruistic Hierarchs

“An important corollary is that the smaller the role altruism seems to play in determining judicial behavior, the less acceptance and social legitimacy the judiciary is likely to enjoy.”

of judicial behavior. Understanding the salaries encourage altruism because suggest that judges act in self-interest, determinants of altruistic behavior they discourage those who are selfish this sends a message as to what is may be the key to how we can motivate or greedy from ever seeking judicial expected and commonplace behavior judges and encourage good judging. appointments). Social dilemma evidence on the bench and raises the possibility Judges are forbidden to accept bribes further suggests that judges will do a that this may become a self-fulfilling or from deciding cases in which they better job if they share social prophecy. Legal scholars may therefore have a direct interest. They are discour- identity with the litigants who appear change judicial behavior by the obser- aged from moonlighting so that they in front of them. Perhaps the black vations they make about this behavior. can direct their entire attention to robes and the imposing raised bench I admit I do not lose much sleep over judging rather than to some more widen the distance between judges and this possibility. My own suspicion is 13 lucrative enterprise. Judges are usually the general citizenry. (On the other that academic theorizing has remark- seasoned practitioners or legal scholars hand, such customs serve the valuable ably little effect on what non-academics, rather than laymen who might need to function of reminding the judge of the including judges, do. Yet there is a expend a great deal of effort to do a gravity and importance of her role.) second risk scholars run if they insist correspondingly good job of deciding Another essential guideline result- on always analyzing judicial behavior the law. These obvious precautions ing from the social dilemma experiments through the lens of rational choice. If reduce the likelihood that judges will is that judges must believe that other scholars insist on analyzing legal decide cases badly (erroneously, care- judges in other courts are deciding behavior solely through the lens of lessly), but we need to go beyond that cases carefully and impartially. Thus rational choice without adding the to create incentives for judges to decide tremendous damage can be done by important ingredient of altruism, they cases well. highly publicized opinions such as risk failure in understanding the Social dilemma experiments suggest Bush v. Gore, where the justices of the nature of judicial behavior and the that altruism can provide such an Supreme Court were widely perceived judicial role. If we persist in treating incentive. But this will occur only to have behaved in a biased, partisan judges and other hierarchs as if they when social and economic circum- fashion. Such decisions undermine not are purely selfish beings we are stances favor altruism. This means that only the public faith in the Supreme neglecting the other more important if we want judges to do a good job we Court but they also damage the func- side of the story, the altruistic side. must encourage them to believe that tioning of the judiciary as a whole. their decisions are important to others. Other judges may infer that if the One gauge of this importance is the Supreme Court does not behave salary they are paid. In contemporary impartially it is not important for them American culture salary is often to do so. viewed as evidence of merit and value. Finally, the legal academy, that is, Thus it is a matter of public concern law professors who express opinions when federal judges receive lower about the quality of judging in scholarly Lynn Stout joined the UCLA Law salaries than their law clerks will earn works and in comments to the media faculty in 2001. Special thanks to Louise when they begin work as associates in may be the authority whose opinion is Lillard ‘85 who provided this abridged law firms. (Contrary to this reasoning, respected enough to encourage judges feature of Professor Stout’s essay, Judges as one could argue that low judicial to do their best. Therefore when scholars Altruistic Hierarchs.

UCLA LAW F ALL 2002 Externships

Externships for Students in Judges’ Chambers

By Kristen Holmquist ‘96

very semester, the School of Law While in school students learn “At its best, the externship sends a handful of students to four or five subjects in depth per offers a number of special extern in judges’ chambers semester. Externs may face as many E opportunities: to see how around Southern California. The extern issues daily. Only while in chambers judicial decisions are made acts as a mini-clerk — that is, as a legal are our students faced with the minutiae and to understand the assistant to the judge for whom he or of antitrust, contract law, mandatory pressures and considerations she works. Because the relationship minimum sentences, water rights, that influence those between judge and clerk or extern is bankruptcy, torts, and more, all during decisions; to participate in individual, the nature of the work the course of a week. And while they the shaping of those decisions 14 varies widely from judge to judge; are learning the substantive law in through both legal analysis indeed, the same judge may have these areas, they are writing, writing, and individual viewpoint; and different relationships with successive writing. With feedback from the judges to get to know someone students, depending on the abilities of and clerks for whom they work, in a critical position of judge and student to work together. In judicial externs improve their legal social power.” general, however, externs assist judges research and writing skills immeasurably and their clerks by doing legal research over the course of the semester. and drafting memoranda and opinions. and individual viewpoint; and to get to A number of the Law School’s In the course of a single day, the know someone in a critical position of judicial externs have maintained student may find him or herself culling social power. rewarding professional relationships salient facts from a massive record, Judicial externs rave about their with the judges for whom they writing a memorandum to the court on semester in chambers. Almost to a worked. Some have gone on to clerk the legal issues in a case, and serving as person, they say it was their favorite for the same judge post graduation. a sounding board for thoughts on a semester of law school. While cynics Many say that the judge proved an proposed decision. In short, judicial might assume that the students were invaluable teacher during their semester externs are treated and given responsi- simply thrilled to have avoided the working together. This mentor relation- bilities much the same as law clerks. Socratic method and exams for a term, ship can, of course, be one of the most At its best, the externship offers a former externs would gladly disabuse important of a young lawyer’s career. number of special opportunities: to see those cynics of that belief. For most of In the end, the externship semester how judicial decisions are made and to them, two aspects of the semester espe- reminds students that learning about understand the pressures and consid- cially stand out: the opportunity to the law does not end when they walk erations that influence those decisions; learn in a “real world” setting; and the outside the law school’s doors. to participate in the shaping of those heady experience of getting to know decisions through both legal analysis and help a judge do the courts’ work.

UCLA LAW F ALL 2002 Externships

Faculty who have Clerked

Khaled Abou El Fadl Robert Goldstein Sandy Roth Justice James Moeller Chief Judge Raymond Pettine Judge Procter Hug, Jr. Arizona Supreme Court U.S. District Court, District of Rhode Island U.S. Court of Appeals, 9th Circuit

Iman Anabtawi Laura Gómez Gary Rowe Judge Laurence H. Silberman Judge Dorothy Nelson Judge William Norris U.S. Court of Appeals, D.C. Circuit U.S. Court of Appeals, 9th Circuit U.S. Court of Appeals, 9th Circuit

Justice Sandra Day O’Connor Joel Handler William Rubenstein U.S. Supreme Court Justice Nathan Jacobs Judge Stanley Sporkin New Jersey Supreme Court U.S. District Court, District of Columbia Alison Anderson Judge Simon Sobeloff Tom Holm Richard Sander U.S. Court of Appeals, 4th Circuit Judge Arthur L. Alarcón Judge John Grady U.S. Court of Appeals, 9th Circuit U.S. District Court, Northern District Peter Arenella of Illinois Chief Justice Tauro Kristen Holmquist Massachusetts Supreme Judicial Court Judge Robert Boochever Brad Sears U.S. Court of Appeals, 9th Circuit Judge J. Spencer Letts Stephen Bainbridge U.S. District Court, Central District Chief Judge Frank A. Kaufman Lily Hsu of California U.S. District Court for the District of Maryland Judge Warren J. Ferguson U.S. Court of Appeals, 9th Circuit David Sklansky Paul Bergman Judge Abner Mikva Judge O.D. Hamlin Judge Mariana Pfaelzer U.S. Court of Appeals, D.C. Circuit U.S. Court of Appeals, 9th Circuit U.S. District Court, Central District of California Justice Harry A. Blackmun Grace Blumberg U.S. Supreme Court 15 Appellate Division, Jerry Kang Superior Court of New York, 4th Department Judge William Norris Lynn Stout U.S. Court of Appeals, 9th Circuit Judge Gerhard A. Gesell Dan Bussel U.S. District Court, District of Columbia Judge Stephen G. Breyer William Klein U.S. Court of Appeals, 1st Circuit Judge David L. Bazelon Jonathan Varat U.S. Court of Appeals, D.C. Circuit Judge Walter Mansfield Justice Sandra Day O’Connor U.S. Court of Appeals, 2nd Circuit U.S. Supreme Court Russell Korobkin Justice Byron White Judge James L. Buckley Kimberlé Crenshaw U.S. Supreme Court U.S. Court of Appeals, D.C. Circuit Justice Shirley Abrahamson Wisconsin Supreme Court Eugene Volokh Gillian Lester Judge Alex Kozinski Supreme Court of Ontario, Canada David Dolinko U.S. Court of Appeals, 9th Circuit Court of Appeals Judge Harry Pregerson Justice Sandra Day O’Connor U.S. Court of Appeals, 9th Circuit Christine Littleton U.S. Supreme Court Judge Warren Ferguson Sharon Dolovich U.S. Court of Appeals, 9th Circuit John Wiley Judge Rosemary Barkett Judge Frank M. Coffin U.S. Court of Appeals, 11th Circuit Timothy Malloy U.S. Court of Appeals, 1st Circuit Judge Donald W. VanArtsdalen Jody Freeman U.S. District Court, Eastern District Justice Lewis F. Powell, Jr. Associate Chief Justice Morden of Pennsylvania U.S. Supreme Court Justices Tarnopolsky, Arbour & Blair Ontario Court of Appeal, Toronto, Ontario, Frances Olsen Stephen Yeazell Canada Chief Judge Alfred A. Arraj Justice Mathew Tobriner U.S. District Court, District of Colorado California Supreme Court Sue Gillig Judge Dorothy W. Nelson Arthur Rosett Jonathan Zasloff U.S. Court of Appeals, 9th Circuit Justice Harold H. Burton Judge Michael Boudin Justice Stanley Reed U.S. Court of Appeals, 1st Circuit Carole Goldberg Chief Justice Earl Warren Judge Robert Peckham U.S. Supreme Court U.S. District Court, Northern District of California

UCLA LAW F ALL 2002 F aculty F ACULTY RECENT PUBLICATIONS BY THE FACULTY

Abolishing Veil Piercing, 26 Journal of Corporation Law 479-535 (2001). Reprinted in 43 Corporate Practice Commentator 519 (2001). A critique of the corporate doctrine of “piercing the corporate veil,” in which Professor Bainbridge argues that the doctrine makes neither doctrinal nor economic sense.

KHALED ABOU EL FADL STEPHEN BAINBRIDGE Law and Economics: An Apologia, Khaled Abou El Fadl Stephen Bainbridge in Christian Perspectives on Legal Rebellion and Violence in Islamic Law. Thought 208-223 (Michael W. 16 Corporation Law and Economics. Cambridge University Press, (2001). Foundation Press University Textbook McConnell et al. eds.). Yale University The first thorough analysis of the Series, (2002). Press, (2001). rich, sophisticated and nuanced An inquiry into the relationship legal discourses on the issue of Business Associations: Agency, between the foundational normative rebellion and violence across the Partnerships, and Corporations-Statutes premises of economic analysis and multitude of Islamic legal schools of and Rules (with W.A. Klein and J.M. Christian values. thought, from the beginning of the Ramseyer). Foundation Press, (2002). Islamic tradition to the present Corporate Governance in Post-Privatized Employee Involvement Post-Collective Slovenia, 49 American J. Comparative L. The Barbarism of Civility and the Bargaining, in Legality and Community: 49-77 (2001) (with Rado Bohinc). Civility of Barbarism: An Introduction, On the Intellectual Legacy of Philip Co-written with a leading Slovene in Shattered Illusions Amal Press (2002). Selznick 203-218 (Robert A. Kagan et scholar, this article explores a variety al. eds.) Rowman & Littlefield, dist., of corporate law and governance Constitutionalism and the Islamic Berkeley Public Policy Press, (2002). issues that have arisen in the after- Sunni legacy, 1 UCLA Journal of Islamic Areview of Selznick’s work on math of Slovenia’s transition to a and Near Eastern Law 67-101 (2001-02). employee participation in corporate market economy. The authors review governance and decision-making. how Slovenia privatized its formerly The Place of Tolerance in Islam, Boston state-owned enterprises and the Review 26, no. 6 (December 2001/ Why A Board? Group Decision deficiencies of the new Slovene January 2002): 34-36. Translated into Making in Corporate Governance, 55 corporate law. Arabic for publication in Al-Rashad. Vanderbilt Law Review 1-55 (2002). An intellectual arbitrage of the liter- Islam and the Theology of Power, ature on group decision-making and Middle East Report 221 (Winter 2001): corporate law, focusing on how other- 28-33. wise inexplicable corporate law rules make sense when considered in light of the literature on how groups make decisions.

UCLA LAW F ALL 2002 F aculty

GARY BLASI DEVON CARBADO ANN CARLSON

Gary Blasi Devon Carbado These problems, which Professor Advocacy Against the Stereotype: Black Like Us; A Century of Lesbian, Gay, Carlson illustrates with extensive Lessons from Cognitive Social & Bisexual African American Fiction empirical evidence about recycling, Psychology, 49 UCLA Law Review (Devon W. Carbado et al. eds). require large numbers of people to 1241-1281 (2002). Cleis Press, (2002). alter their behavior with little eco- Explores the implications for Situates the production of Black gay nomic incentive to do so. Efforts to lawyers and other advocates of and lesbian literature in the context strengthen social norms in favor of recent advances in cognitive social of a discussion about law, politics, behavioral change for large number, psychology and social cognitive and civil rights. small payoff social problems may be neuroscience in understanding how only minimally effective while efforts racial and other stereotypes operate (E)Racing Suspicion, 100 Michigan Law to reduce the effort necessary to make in the human mind. Review 946-1044 (2002). the behavioral change may work far more effectively. 17 Race to the Bottom, 49 UCLA Law Review 1283-1312 (2002). Takings on the Ground: How the Supreme Court’s Takings Jurisprudence The Fifth Black Woman (with Mitu Affects Local Land Use Decisions Gulati), 11 J. of Contemporary Legal (co-authored with Daniel Pollak), Issues 701-729 (2001). 35 U.C. Davis L.Rev. 104-157 (2001). Presents empirical evidence about Interactions at Work, Remembering the ways in which California local David Charny (with Mitu Gulati), 17 governments have responded to a Harvard Blackletter L.J. 13 - 22 (2001). flurry of U.S. Supreme Court deci- GRACE BLUMBERG Discusses the importance of David sions involving land use decisions Grace Blumberg Charny’s work to discrimination and the takings clause. Professor Principles of the Law of Family theory. The authors focus on his Carlson and her co-author find that Dissolution: Analysis and work on discrimination because this at least some communities appear to Recommendations (American Law area of his scholarship has had the have responded to the decisions by Institute) LexisNexis, (2002). greatest impact on their own work. demanding exactions for land in Professor Blumberg, one of three exchange for development approval reporters for the project, authored less frequently but by using impact the chapter on child support and Ann Carlson fees in lieu of land exactions more co-authored the chapters on non- Recycling Norms, 89 Cal. L.Rev. 1231- frequently and at a higher rate. marital cohabitation and agreements. 1290 (2001). They also discuss the implications For their distinguished work on the Concludes that recent scholarly of their findings for various theories project, the Institute honored the enthusiasm for using the manage- about the appropriate reach of the three reporters as R. Ammi Cutter ment of social norms as a regulatory takings clause. Reporters. tool may be misplaced, at least with respect to what she calls “large number, small payoff” social problems.

UCLA LAW F ALL 2002 F aculty

membership criteria focusing on modations and direct subsidies to descent or family relationships. families) are more suitable mecha- Professor Goldberg argues that these nisms for achieving these ends. decisions and academic writings are incorrect in suggesting that the Constitution, as well as the history of the tribes themselves, compels rejection of classifications resting on descent, and that these legal C AROLE GOLDBERG pronouncements undermine the Indian identities of individuals who Carole Goldberg cannot satisfy outsiders’ notions of American Indians and `Preferential’ cultural participation. Professor

Treatment, 49 UCLA L. Rev. 943-989 Goldberg concludes that courts L YNN LOPUCKI (2002). should frankly acknowledge and Explains that although preferences affirm the kinship- and descent- Lynn LoPucki and benefits for American Indians based nature of tribal communities, The Politics of Research Access to predate the American policy of recognizing that the Constitution Federal Court Data, 80 Texas Law affirmative action and flow from allows Congress to legislate for the Review 2161-2171 (2002). different rationales, Indian prefer- benefit of communities defined on Charges that the federal courts are ences are the latest targets in the that basis. restricting access to federal court battle against affirmative action. data in ways that inhibit research The tribes’ most effective defense Ramona redeemed? The Rise of Tribal that seeks to evaluate court 18 has been to emphasize the grounding Political Power in California (with performance. of these special rights in their govern- Duane Champagne), 17 Wicazo Sa mental status rather than in race or Review 43-63 (2002). Toward a Trademark-Based Liability ethnicity. However, the changing System, 49 UCLA Law Review 1099- nature of federal benefits, along 1137 (2002). with the changing demographics Trademark owners often allow and politics of Indian country, has others — such as franchisees, made this strategy more difficult for subsidiaries, or business “partners” tribes to sustain. Professor Goldberg — to do business under their trade- offers and assesses three alternative marks. This article argues that legal theories for tribal responses to trademark owners should be liable the attack on special federal legisla- for trademark users’ wrongdoing. tion benefiting Indians. Political philosophy and theory assist in Human Identification Theory and the GILLIAN LESTER demonstrating the strengths and Identity Theft Problem, 80 Texas Law weaknesses of each response. Gillian Lester Review 89-135 (2001). Unemployment Insurance and Wealth Argues that the current approach to Descent Into Race, 49 UCLA L. Rev. Redistribution, 49 UCLA Law Review identity theft — trying the keep 1373-1394 (2002). 335-393 (2001). identities secret — is fatally flawed. Unlike Indian nations themselves, Critiques proposals to expand Professor LoPucki proposes instead some federal and state courts are unemployment insurance as a means a system that would make it possible conceptualizing Indian identity as a to redistribute wealth to poor workers for those who fear identity theft to racial identity. Courts, in turn, are and workers with family obligations. publicly claim and control their own using this racialized understanding While Professor Lester supports identities. of Indian identity as the basis for measures to redistribute wealth to invalidating federal laws that these groups of workers, she believes Congress passed to address tribal that direct tax and transfer programs needs. Some legal scholars similarly and comprehensive family support criticize as race-based tribal programs (combining work accom-

UCLA LAW F ALL 2002 F aculty

numbers of filed claims appear low. However, by placing these numbers in the context of the small population of gay workers, Professor Rubenstein finds that in 8 of 10 states, gay workers file discrimination claims with greater frequency than women file gender discrimination claims, while in half the states, gay workers file bias claims at about the same rates TIMOTHY MALLOY RANDY PEERENBOOM that people of color file race discrim- Timothy Malloy Randy Peerenboom ination claims. This data is important Regulating by Incentives: Myths, China’s Long March Toward Rule of Law. not only because it is the first Models and Micromarkets, 80 Cambridge University Press, (2002). empirical assessment of the use of Texas L. Rev. 531-605 (2002). China has enjoyed considerable eco- gay rights laws but also because it Challenges the “black box” view of nomic growth recently, in spite of a will have a critical impact on the the business firm as a monolithic, problematic legal system. Professor on-going Congressional debate. rational actor. Professor Malloy Peerenboom asserts that China is in uses the example of environmental transition from rule by law to a ver- regulation to show differences sion of rule of law, although not a within the firm can cause it to “liberal democratic” version. act “irrationally.” Let One Hundred Flowers Bloom, One Hundred Schools Contend: Debating 19 Rule of Law in China, 23 Michigan Journal Of International Law 2 (2002), [revised and excerpted version to be published as Competing Conceptions of RICHARD STEINBERG Rule of Law in China, in East Asian Law: Richard Steinberg Universal Norms and Local Cultures Editor, The Greening of Trade Law: (Arthur Rosett, Lucie Cheng, Margaret International Trade Organizations and Woo, eds). RoutledgeCurzon, (2002).] Environmental Issues. Rowman & GRANT NELSON Littlefield, (2002). Grant Nelson A systematic comparison of how each of the world’s major interna- Real Estate Finance Law, 4th ed. (with tional trade organizations has been Dale A. Whitman) West Group, (2002). addressing environmental issues. It provides background, up-to-date Real Estate Finance Law, 4th ed. (with information, and analysis on the Dale A Whitman) West Group, (2001). development of trade-environment rules in the World Trade Organization, Contemporary Property, 2d ed. (with the European Union, the North William Stoebuck & Dale A. Whitman) WILLIAM RUBENSTEIN American Free Trade Agreement, West Group, (2002). William Rubenstein the Free Trade Area of the Americas, the Asia Pacific Economic ACritique of the Narrow Do Gay Rights Laws Matter? An Cooperation forum, the International Interpretation of the Commerce Empirical Analysis, 75 S. Cal. L. Rev. Organization for Standardization, Clause, (with Robert J. Pushaw, Jr.), 65-119 (2001). and other key organizations. The 96 Northwestern L.Rev. 695-719 (2002). Analyzes the extent to which state book concludes by suggesting that laws prohibiting discrimination the treatment of environmental issues against gay workers have been in international trade organizations is utilized by such workers. The raw

UCLA LAW F ALL 2002 F aculty

best explained by understanding who serve only the shareholders, the trade and environment interests but as “mediating hierarchs” who of the world’s most powerful enjoy ultimate control over the countries. firm’s assets and outputs and who are charged with the task of balancing In the Shadow of Law or Power? the sometimes-conflicting claims Consensus-Based Bargaining and and interests of the many different Outcomes in the GATT/WTO, 56 groups that bear residual risk and International Organization 339-374 (2002). have residual claims on the firm. Explains how consensus decision This mediating model of the board’s L YNN STOUT making has operated in practice in role offers to explain a variety of the General Agreement on Tariffs Lynn Stout important doctrines in U.S. law that and Trade/World Trade preserve director autonomy and In Praise of Procedure: An Economic Organization (GATT/WTO). insulate the board from the command and Behavioral Defense of Van Empirical analysis shows that and control of the shareholders or Gorkom and the Business Judgment although trade rounds are launched indeed any other group, but raises Rule (Symposium on Van Gorkom through law-based bargaining, hard the question of why directors who and the Corporate Board), 96 Nw. U. L. law is generated when a round is are largely insulated from outside Rev. 675-693 (2002). closed, and rounds have been pressures should be expected to do closed through power-based a good job of running the firm. Judges as Altruistic Hierarchs bargaining. Agenda setting has Professor Stout and her co-author (2001 George Wythe Lecture), 43 taken place in the shadow of that explore how social science research Wm. & Mary L. Rev. 1605-1627 (2002). power. Professor Steinberg argues both supports the claim that directors that consensus decision making at may behave trustworthily even 20 Director Accountability and the the GATT/WTO is organized when they do not have explicit Mediating Role of the Corporate Board hypocrisy, allowing adherence to incentives to do so, and suggests (with Margaret Blair) (Symposium on the instrumental reality of asymmet- some of the circumstances that are Corporate Accountability), 79 Wash. U. rical power and the sovereign likely to promote accountability in L. Q. 403-447 (2001). equality principle upon which director behavior. Argues that corporate directors consensus decision making is ought to be viewed not as “agents” purportedly based.

Kenneth Karst Gives Keynote Address at the Jefferson Memorial Lecture

By Alex Hunt he Jefferson Memorial Lecture, of its children and the political struggles Theld annually at UC Berkeley, is that ensue as interest groups seek one of the most prestigious and impor- power to determine the parameters of tant forums for issues of American acculturation. Kenneth Karst, the Dallas politics in the country. This year UCLA G. Price and Dallas P. Price Professor professor emeritus and constitutional of Law Emeritus, has been a member scholar Kenneth L. Karst delivered the of the UCLA Law faculty since 1965. keynote address. The annual lecture, An accomplished Constitutional Law sponsored by the Jefferson Memorial scholar, he has been recognized many Fund, is designed to promote adher- times for outstanding teaching and ence by young people to the democrat- scholarship. He was the recipient of ic institutions of America. the University’s Distinguished Teaching Professor Karst delivered a speech Award in 1980, the School of Law’s entitled, “Law, Cultural Conflict, and Rutter Award for excellence in teach- The Socialization of Children.” The ing in 1994, and twice has been named speech addressed the challenges a plu- Professor of the Year by graduating ralistic society faces in the acculturation classes.

UCLA LAW F ALL 2002 F aculty

the Rutter Award

Past Recipients of the Rutter Award

1979 Steven Yeazell 1980 David Binder 1981 Gerald López 1982 Jesse Dukeminier 1983 Leon Letwin 1984 William Warren 1985 Michael Asimow 1986 Murray Schwartz 1987 Gary Schwartz 21 1988 Julian Eule 1989 Grace Blumberg 1990 Jonathan Varat William Rubenstein Wins the Rutter Award 1991 Kris Knaplund hirteen years after he won a Orientation Law, which he helped start 1992 Carrie Menkel-Meadow landmark decision in which a this past year. A favorite professor at Tstate’s Supreme Court recog- the School of Law, he was named in 1993 John Bauman nized a gay couple as the legal 2000 one of the “Top 20 Lawyers equivalent of a family, and after teaching Under 40” by California Law Business. 1994 Kenneth Karst and lecturing at over 100 institutions This spring he celebrated with his 1995 Steven Derian worldwide, Professor William (Bill) parents, Farrell and Nancy Rubenstein, Rubenstein continues his path break- when he received the law school’s 1996 Alison Anderson ing work on gay law through UCLA’s Rutter Award for Teaching Excellence. Charles R. Williams Project on Sexual 1997 Eric Zolt 1998 David Dolinko 1999 Peter Arenella 2000 Grant Nelson 2001 Al Moore

UCLA LAW F ALL 2002 F aculty

Professor Grant Nelson honored with the University Distinguished Teaching Award

By Cody Cass

That spark isn’t confined to the classroom, either. Professor Nelson holds sessions for first year students for the normal test review, yes. He also counsels on test taking skills and gives advice for success in law school and beyond. When it comes time to take the exam, he gives all his students his home phone number and a detailed schedule so they can reach him at any time with questions. Professor Nelson even helps students physically absent from UCLA — he supervises the externs sent to Washington each semester. He oversees many students’ submissions to the UCLA Law Review and reviews thesis projects for UCLA’s LLM program. It is this availability and round-the-clock commitment to teaching that endears him to students and earns 22 the respect of colleagues. Graduating classes have routinely shown their appreciation for Professor Nelson, electing him to hood them for more than half of the commencements for which he’s been a professor at UCLA. This year, the University is honoring Professor Nelson with the highly competitive and prestigious UCLA Distinguished Teaching Award in recognition of his sustained excellence in teaching. Professor Nelson has previously received the Distinguished Faculty and the Distinguished Non-Alumnus Awards from the University of Missouri-Columbia; he has been voted Professor of the Year at the University of Missouri-Columbia three times; at the University of f you ask Professor Grant Nelson his goal in life, he’ll tell Minnesota once; at Brigham Young University once; and last you: teaching. As far back as high school, he wanted to year he won the Rutter Award for excellence in teaching from be a teacher. Years later when he graduated from law I the UCLA School of Law. school he still wanted to teach. Even during the two years he Despite these numerous honors, there was at least one served in Vietnam and through his successful legal career, student who offered an alternative to Professor Nelson’s cho- Professor Nelson knew he would one day work in the sen calling. So impressed was she with Professor Nelson’s classroom, not a courtroom. abilities and persona that she concluded his sparkling His students agree that Professor Nelson has met his evaluation with the capitalized proclamation “NELSON FOR calling. He teaches Real Estate Finance, Advanced Real Estate PRESIDENT.” Transactions, Property, Land Use Regulation, and Remedies. Reports one student, “His passion for the subject is the spark that gave his clarity impact. He teaches as if it is his mission in life to make sure every student learns as much as is humanly possible about Real Property and Real Estate Finance.”

UCLA LAW F ALL 2002 F aculty

FACULTY HONORS: DISTINGUISHED TEACHING AWARD By Cody Cass

he UCLA Distinguished Teaching Award is the most prestigious citation designating excellence in teaching on campus. The Academic T Senate Committee on Teaching, which is comprised of nine senate faculty and one alumni representative, meets each year to select the Distinguished Teaching Award recipients. Members of the committee, along with one undergraduate and one graduate student, individually read all of the nominees’ files and evaluate each in all of the award categories. Some of the most important categories for the nominees are their positive impact on students; innovations in teaching; the size, number, and diversity of classes taught; involvement in the community outside the classroom; and the student evaluations. The consideration process takes four to six weeks for each of the Gary Blasi Receives three award categories, and final decisions are made in three separate meet- Two Awards ings of the full committee. rofessor Gary Blasi was honored Professor Nelson is the School of Law’s seventeenth Distinguished June 25 with the ACLU Foundation Teaching Award recipient since 1976. No other professional school has had P of Southern California’s Distinguished that number of faculty honored over the same period of time. Professor Award. Earlier this spring, on May 2, the Inner City Law Center Award Categories: 23 gave him the Katharine Krause Award. Distinguished Teaching Award Nancy Mintie ‘79 of Uncommon Good (Academic Senate members only) ■ calls Professor Gary Blasi a “National Treasure.” Distinguished Lecturer Award (Non-Academic Senate Faculty) ■ Distinguished Teaching Assistant Award

And the (Past) Law School Winners of the Distinguished Teaching Award Are…

1976 Jesse Dukeminier 1977 Richard Maxwell 1979 Stephen Yeazell 1980 Kenneth Karst 1981 Gerald Lopez 1984 Stanley Siegel 1985 William Warren 1987 Kenneth Graham, Jr. 1988 Alison Anderson 1989 Eric Zolt 1990 John Wiley 1991 Michael Asimow 1992 Paul Bergman 1994 David Binder 1999 Grace Blumberg 2000 David Sklansky

UCLA LAW F ALL 2002 F aculty

Law Day Shines on Michael Asimow and Paul Bergman

he San Fernando Valley Legal Michael Asimow Paul Bergman Foundation, the charitable arm respect and understanding of the legal several movie plots from “Class Action” Tof the San Fernando Valley Bar profession as well as helping to raise the to “Clueless” and “Lantana.” Association, honored Professor Michael interest of young people in pursuing a On another note, Options Monthly Asimow and Professor Paul Bergman at career in law. Newsletter highlighted the UCLA its annual Law Day celebration May 10. Professor Bergman also was featured “Street Law” class at Del Rey High The award honors people from the in the June 10 “The Closer” column in School, where UCLA Law students have community who have done something California Law Business for his musings the opportunity to learn how the law to further an understanding of the law. on “Blame It on the Movies,” how can work for them. Professor Bergman Our professors won the law in the “overaggressive, dishonest cinelawyers developed this course. media award for their book “Reel reinforce the public’s negative image of Justice,” for increasing the public’s attorneys.” Professor Bergman discusses 24

Judge Teresa Estrada-Mullaney ‘77 and Professor Laura E. Gomez conduct workshop on Institutional Racism

n April 18, Judge Teresa who attended a statewide conference special series of courses and participate Estrada-Mullaney ’77 and on Race and Ethnic Bias in the Courts. in extra-curricular activities that will O Professor Laura E. Gomez Judge Estrada-Mullaney was first prepare them for careers in civil rights gave a workshop on “Institutional elected to the San Luis Obispo County law, public policy in racially diverse Racism” to judges and court officials Superior Court in 1996 and currently states, or work in any sub-field of law presides over its Family Law Division. with a client base that is racially diverse. Since 1998, Judge Estrada-Mullaney has The April conference, held near the served on the California Judicial San Francisco Airport (in Burlingame), Council’s Advisory Committee on was sponsored by the state courts’ Access and Fairness in the Courts, a Center for Judicial Education and statewide task force of judges charged Research (CJER), and was the first with making the state courts responsive statewide conference on racial bias in to California’s diverse population. the California courts. Hundreds of Professor Gomez has taught at judges and court officials from UCLA since 1994, and she recently California and from across the nation completed two years as co-director of attended the conference, which was the Law School’s new Critical Race followed by the 14th annual meeting of Studies Concentration. The Concentration the National Consortium of State Task — the first of its kind in any American Forces and Commissions on Racial and law school — offers upper-year law Ethnic Bias in the Courts. students the opportunity to complete a

UCLA LAW F ALL 2002 Major Gifts MAJOR GIFTS LEADERSHIP IN THE DEVELOPMENT OFFICE

Kerry Donna Colin Charles Cannon Bresnahan Profile Profile Profile Donna S. Colin, Charles G. Cannon Kerry A. Bresnahan newly appointed has been working ’89, Assistant Dean Director of Major since January of of External Affairs, Gifts, brings to the this year as Di- is the first UCLA law school a wealth rector of Annual Law graduate to of experience in and Special Giving. head the school’s fundraising and Thirteen years ago, major gifts, annual fund, alumni rela- donor relations. After attending UCLA Charles joined in the initial planning tions, communications, special events where she earned a B.A. in linguistics and design phases of the expanded and graphics areas. She received her and an M.B.A. with a concentration in Hugh and Hazel Darling Law Library, B.A. in history from the University of marketing, Donna worked as Financial acting as liaison between building con- California, Berkeley in 1986 and her Aid Director and Development Officer tractors, campus officials, and law J.D. from UCLA in 1989, where she was at Southwestern University School of school administrators, specifically Order of the Coif. Following law Law. Following appointments in mar- charged with tracking the wide variety school, Kerry worked on real estate keting support and account manage- of project details that ultimately deter- 25 transactions at O’Melveny & Myers LLP ment at General Electric, UCLA mined both the beauty and functionality in both Los Angeles and New York Medical Center, and Burroughs of the splendid building addition. City. Later she worked on similar Corporation, Donna joined the staff of Following the 1998 opening of the projects at The Port Authority of New Childrens Hospital Los Angeles, where library wing, Dean Varat redirected the York & New Jersey. In 1999 Kerry went she has worked for the past fifteen experience Charles gained from the to work as a major gifts officer at the years. Initially she worked as Director building project to develop a more vital University of San Francisco. This dramat- of Physician Relations and Business external law school presence. The ic career shift gave full expression to Development Manager, but she ulti- many events and publications that con- her increasing interest in fund-raising, mately found her focus and passion in tributed to the successful celebration of particularly in higher education. The fundraising and donor relations. the school’s 50th anniversary were move proved fortuitous for USF, as she As the Director of Major and supported largely by the Office of secured a $2.5 million gift and recruited Planned Gifts, Donna worked closely Events & Electronic Presentation with two donors to serve on the university’s with research faculty to develop Charles as Director. Board of Trustees. Kerry took her current programs and raise funds for In his new capacity in the Office of position at UCLA School of Law in Childrens Hospital Los Angeles External Affairs, Charles has accepted January 2002. Research Institute and coordinated a the challenge of steering the Law With Kerry at the helm, UCLA feasibility study in advance of a $350 Annual Fund towards its critical current Law External Affairs now has a full million capital campaign. She subse- goal of raising $1 million annually in team dedicated to major gift fundraising, quently supported the launch of the unrestricted gifts. Particularly at a time developing enduring relations with capital campaign and created a new of dramatic reductions in the state and alumni, increasing the Law Annual donor relations program that integrat- university budgets, this unrestricted Fund, continuing to stage memorable ed all aspects of Childrens Hospital Los support will enable the School of Law special events, and maintaining high Angeles Foundation operations, to meet the challenges of providing the quality public communications and including major and planned gifts, gift best possible legal training to our publications. Kerry’s goal is to raise the processing, and special events. students and an enriching and produc- recently expanded department to a tive environment for our faculty. new level of excellence. Charles received his B.A. in philosophy from UCLA and is proud that his daughter recently graduated from UCLA and his son just enrolled at the university.

UCLA LAW F ALL 2002 Major Gifts

UCLA School of Law Meets the Evan Frankel Foundation’s $1 Million Challenge

By Charles Cannon

he Evan Frankel Foundation “The extraordinary support of Natural Environments (see related story presented Dean Jonathan Varat on page 33). The extraordinary support the Evan Frankel Foundation with a second $1 million gift in of the Evan Frankel Foundation T ensures that the law school support of the Evan Frankel Law and ensures that the law school will be able Policy Program and the Environmental will be able to meet its to meet its long-term goals of producing Law Center after the School of Law long-term goals...” creative, pragmatic and forward-looking secured $1 million in matching funds. interdisciplinary environmental law The Frankel Foundation’s $2 million in of which it is such a vital part. and policy scholarship; providing first- gifts, the $1 million gift from Luanne The School of Law is proud of its rate clinical educational training to law Wells endowing the Frank Wells Chair expanding role as one of the nation’s students through participation in ongoing in Environmental Law, and the recently leading centers for the study of envi- environmental litigation and regulato- realized $1 million to match the most ronmental law and policy. Of particular ry negotiation; contributing in a signif- recent Frankel Foundation gift, have importance is the bringing together of icant and meaningful way to environ- laid a solid foundation for the future scholars and policy makers from many mental clean-up and quality in quality and stability of the Evan disciplines, as occurred recently at the Southern California; and developing a Frankel Law and Policy Program and Inaugural Frankel Symposium: Inte- future generation of expert environ- the overall Environmental Law Center grating Human Communities and mental lawyers. 26

The Bruce I. Hochman Award for Excellence in the Study of Tax Law

By Donna Colin

he distinguished personal and “former Vice President Al Gore Bruce Hochman, a leading attorney professional achievements of for over 40 years specializing in civil described Mr. Hochman as Bruce Hochman have been and criminal tax law litigation, was T ‘…a man of flawless integrity,’ permanently honored through the also a generous philanthropist and endowment of The Bruce I. Hochman ‘...a very good friend,’ and dynamic leader of various civic organ- Award for Excellence in the Study of ‘…an American success story...’” izations. Harriet Hochman recalled Tax Law. The Award was established that, at a tribute dinner in March of this this spring by a generous gift of personified Mr. Hochman. At this year’s year, former Vice President Al Gore $300,000 from his wife Harriet Hochman, commencement ceremony in May, the described Mr. Hochman as “…a man of Avram and Dorothy Salkin, and the inaugural Bruce I. Hochman Award for flawless integrity,” “...a very good firm of Hochman, Salkin, Rettig, excellence in the Study of Tax Law was friend,” and “…an American success Toscher & Perez. Mr. Hochman, a presented to Justin Paul Gurvitz ‘02. story who believed above all else in member of UCLA Law School’s first Professor Kirk Stark, who taught Justin God, the law, and the boundless capac- graduating class in 1952, died on in various tax law courses, describes ity of the human heart.” August 12, 2001. him as an exceptionally gifted student The Award will be given annually with a genuine talent and enthusiasm to the graduating student at the law for tax law. Justin, who married shortly school who demonstrates outstanding after graduation, has accepted a proficiency in the field of tax law and position at Sullivan and Cromwell’s best exemplifies the principles that Los Angeles office.

UCLA LAW F ALL 2002 Major Gifts

Paul, Hastings, Janofsky & Walker LLP Honors Friend and Partner Barbra Davis ’84 by Endowing a Scholarship at UCLA LAW

By Regina A. McConahay

he Barbra Davis Scholarship memorializes the career of the Tlate Barbra Davis, who graduated from UCLA School of Law in 1984 and managed the Los Angeles office of Paul, Hastings, Janofsky & Walker LLP. She died on September 11, 2000, from cancer. UCLA Law student Samantha Black ’03 was selected to receive the scholarship for 2002. “Barbra was a classmate of mine at From left, Paul, Hastings, Janofsky & Walker LLP managing partner Greg Nitzkowski ’84, UCLA School of Law, a section mate Dean Jonathan Varat, Samantha Black ’03 and Paul Hastings Employment Law even. We came to Paul Hastings Department Director Nancy Abell ’79, at a firm reception. Samantha holds a crystal award 27 together where she was a tremendous designating her the inaugural recipient of the Barbra Davis Scholarship. Photo Credit: Los leader, and dedicated to her clients Angeles Daily Journal and her colleagues,” explained Greg Nitzkowski ’84, managing partner at Paul Hastings. “Her partners and the the early-morning cloud formations. and philosophers (not to mention firm have established this scholarship At work, I often thought how much I ordinary individuals like me) - will to honor her, remember her as our enjoyed talking to colleagues and influence any of you to change, I share friend and partner, and to assist clients.” them with you to explain how much students who, like Barbra, want to She continued, “In short, I never you have meant to me. God bless. If I study and practice employment law.” realized how many people cared about have a spirit - and I hope I do - it is here Ms. Davis prepared a list of me and, in turn how many people I with you.” “Words to Live By” as she became cared about. In the same way that I had Samantha was selected for the increasingly ill, and sent it to her failed to focus on the present moment, scholarship because of her extraordinary colleagues at Paul Hastings weeks I failed to take time to be thankful for academic record and dedication to before her death. “Live in the present,” all the friends and loving family that labor law. Incidentally, she had spent she said, “My focus has always been surrounded me…Also I became aware her first summer as an associate at Paul the future. As a lawyer, it was impera- of how many people in my life were Hastings, and had been invited back tive that I met deadlines, those that important to me, whose caring con- for this summer. In accepting the were imposed by the courts, by clients, tributed to my well being. These were award, she said, “I am sorry that I had as well as self-imposed… I was always not just immediate family members never had the honor of meeting Barbra planning a fabulous vacation to some and long-time friends, but colleagues Davis, but in this room today and in exotic place…A life threatening at the firm, secretaries and support my association with Paul Hastings, I disease changes all that; it robs one of staff on whose support I relied in every have heard her spoken of so fondly, the future…After becoming ill I meaning of the word, and clients, who with such distinction and warmth, that became acutely aware that I had so frequently expressed gratitude for my I am humbled to be granted this little time left that I needed to stay in counsel.” scholarship in her name. I will continue the present and take each moment of And finally, she said, “Though I to bring distinction to her memory by pleasure from whatever time I had left. doubt that my small insights - discov- being the best attorney I can be.” I would drive into work and marvel at ered by countless poets, theologians,

UCLA LAW F ALL 2002 Major Gifts

Pew Charitable Trusts Funds Major Grant

By Joseph Doherty

he UCLA School of Law is entering the campaign finance “Disclosure of contributions Tdebate. Professor Daniel H. is the most effective way Lowenstein, a nationally renowned to mitigate the potential expert on election law, has been awarded $1.1 million over two years by The corrupting influence of Pew Charitable Trusts to study money in politics.” campaign disclosure systems in the fifty states. Professor Lowenstein will be working closely with the Center for campaign disclosure. What is disclosed, Governmental Studies and the however, is open to debate.” California Voter Foundation to develop Another component is the creation a set of Uniform State Disclosure of Uniform State Disclosure Standards. Standards and grade each state on the The Standards will be drafted by an advisory commission of academics, 28 completeness and transparency of its Professor Daniel Lowenstein political disclosure practices. practitioners, journalists, officeholders Restoring public trust in elections and state election officials, with the UCLA School of Law’s Empirical is the primary impetus for funding this expectation that states will adopt them Research Group to refine the methods project, according to Sean Treglia ’89, whole or in part. Colleen McAndrews used to grade disclosure laws and program officer at The Pew Charitable ’86, partner in the political law firm practices in the states. Trusts. “Disclosure of contributions is Bell, McAndrews, Hiltachk & Davidian, Uniform State Disclosure Standards the most effective way to mitigate the LLP, notes that there is “such a patch- will be released in two waves. potential corrupting influence of money work of laws among states, and among Preliminary findings will be announced in politics. The Campaign Disclosure state and local jurisdictions, that it at a press conference in Washington, Project embodies the timeless idea of has made participating in politics DC in May 2003, and the final product Justice Louis Brandeis — ‘Sunlight is unnecessarily complex.” Uniformity in will be released in March 2004. said to be the best disinfectant’ — campaign finance disclosure will lower The Pew Charitable Trusts because it promotes the importance of the barriers to participation by decreasing (www.pewtrusts.com) support non- instantaneous disclosure of campaign the costs of filing and lowering the profit activities in the areas of culture, contributions via the Internet.” barriers to gaining access to information. education, the environment, health and The project has three components. The project’s third component human services, public policy and The first is a systematic assessment of involves issuing grades for each state’s religion. Based in Philadelphia, the campaign disclosure laws and practices disclosure laws and practices. “This Trusts make strategic investments to in all fifty states. UCLA School of Law grading project will enable progress help organizations and citizens develop and the Center for Governmental toward greater transparency and practical solutions to difficult problems. Studies (CGS: www.cgs.org) will accountability of money in politics,” In 2001, with approximately $4.3 billion spearhead this part of the study. according to Kim Alexander, president in assets, the Trusts committed more Professor Lowenstein authored Calif- of the California Voter Foundation than $230 million to 175 nonprofit ornia’s disclosure law over twenty-five (CVF: www.calvoter.org). Alexander organizations. years ago, and it is still regarded as the and CVF issued “Digital Sunlight Joseph Doherty is the Associate model law by most states. Even so, Awards” in 1999 based upon each Director of the UCLA School of Law “state disclosure laws vary dramatically,” state’s use of electronic filing and Empirical Research Group and the project observed Robert Stern, president of online disclosure. Alexander and CVF director of The Campaign Disclosure CGS. “All states require some form of will be working closely with us at the Project.

UCLA LAW F ALL 2002 Major Gifts

Law Annual Fund Report

ach year, hundreds of alumni and friends of the expanding the base of our unrestricted annual support is UCLA School of Law provide vital operating crucial. In order for us to ensure that the next generation E support through unrestricted gifts to the Law of UCLA Law students will receive the highest quality Annual Fund. We gratefully acknowledge the 2,074 gifts education, we must continue and enlarge upon our received between July 1, 2001, and June 30, 2002. These existing support. We appreciate all those who continue gifts provided a record high $911,723 in discretionary to understand the importance of annual giving and money. Of this total, 42% was donated by the 103 invite you to join your fellow alumni and friends of the members of the Dean’s Circle. school in striving to achieve $1,000,000 in annual In the current State and University budgetary climate, unrestricted gifts.

Your annual gift to the UCLA School of Law is helping the Dean:

• Recruit and retain the nation’s most talented faculty 29

• Enhance the resources of the Hugh & Hazel Darling Law Library, promoting a wide variety of research and study opportunities

• Support scholarly research

• Support student-run publications and organizations in many areas of interest

• Enhance the School’s national visibility by enabling us to host special lecturers, visiting scholars, colloquia and symposia

• Seize opportunities to develop new programs that will meet faculty and student needs in the rapidly changing legal world

For additional information, please contact Charles Cannon, Director of Annual and Special Giving: phone (310) 206-1121; fax (310) 825-4404; e-mail [email protected].

UCLA LAW F ALL 2002 Events

Events Williams Project Launched with Success and Honors By Brad Sears

UCLA School of Law Dean Jonathan D. Varat recognizes the contributions of Mr. Williams to the School of Law and to establishing the Williams Project at the gala reception. Litigation Update Panelists From left, Martha Mathews, Bohnett Staff Attorney, ACLU of Southern California, Professor Cheryl Harris, UCLA School of 30 n its first year, the law school’s Charles R. Williams Project Law, and Jon W. Davidson, Senior Counsel, Lambda Legal Defense on Sexual Orientation Law established itself as an impor- I and Education Fund. tant center for the discussion and research of sexual orientation law and public policy. Founded last fall with a gift of over $2.5 million from philanthropist Charles R. Williams, the Williams Project’s primary goal is the production and dissemination of rigorous and independent scholarly research. During its inaugural year, the new think tank organized three conferences, convened a national roundtable of legal and social science experts, and created and awarded a new sexual orientation law summer fellowship for UCLA law students.

n February 8, 2002, the Project held its first conference, O Sexual Orientation Law 2002. The response to this conference, the first of an annual series of updates on sexual orientation law to be hosted by the Project, was so favorable that the event had to be moved to the law school’s largest lecture hall—and it was still standing room only. Designed to provide an opportunity for practitioners, scholars, and students to keep abreast of the latest developments in the field, over fifty practicing attorneys attended and received continuing legal education (CLE) credit. Constitutional scholar and USC Law Professor Erwin Chemerinsky opened the day with a keynote address analyzing Annual Update the history of the Supreme Court’s treatment of sexual orien- At Sexual Orientation Law 2002, UCLA Law Professors Jody tation law cases. His remarks were followed by three panels Freeman (left) and Devon Carbado (right) discuss the presentation focused on developments during 2001 in litigation, legal with Professor Chai R. Feldblum (center), Director of the Federal scholarship, and legislation. Legislation Clinic at Georgetown Law.

UCLA LAW F ALL 2002 Events

Williams Project

National Roundtable on Empirical Research

n May 17, 2002, the Williams Project brought together O legal and social science experts from around the country to discuss the use of empirical research about lesbians and gay men in legal and public policy arguments. During the roundtable discussion, five scholars presented their original empirical research about lesbians and gay men, and then other researchers, lawyers, and legal scholars responded. Papers were presented on the demographics of lesbians and gay men, the issues facing sexual minority youth, the effec- From left, Dean Jonathan D. Varat, Professor William B. Rubenstein, Faculty Chair of the Williams Project, and Professor R. tiveness of state sexual orientation anti-discrimination laws, Bradley Sears, Director of the Williams Project. and the economic consequences of the recognition of same- sex partnership benefits and rights. mmediately following the annual update, over 200 scholars, The structure of the roundtable, which included twenty- students, and members of the legal community attended a 31 I eight participants invited for their expertise in the topic gala reception in the Hugh & Hazel Darling Law Library areas, provided for a rich exploration of the papers and of Tower to inaugurate the Williams Project. At the reception, over-arching issues. The discussion frequently focused on the UCLA Vice Chancellor Rory Hume thanked Charles R. significant obstacles to gathering reliable data about Williams for his historic gift, the largest ever to an academic lesbians and gay men, including the difficulty in defining institution for sexual orientation studies, and Dean Jonathan sexual orientation, individuals’ reluctance in identifying D. Varat presented a welcoming declaration from California themselves as gay or lesbian, and the failure of most govern- Governor Gray Davis. ment funded surveys, including the U.S. Census, to include Professor William B. Rubenstein, Faculty Chair of the questions about sexual orientation. Participants also recog- Project, and Brad Sears, the Project’s Director, discussed how nized the need for broader dissemination of existing empirical the Project would fill a critical need for a non-partisan think research and for more forums, such as the Project’s round- tank on sexual orientation law and the law school’s goal of table, that bring social scientists and legal scholars together. expanding the Project into a national institute with a $10 million endowment.

Other Activities Also during its first year, the Williams Project hosted two additional half-day conferences; one focusing on the ability of lesbians and gay men to secure legal recognition of their parental rights and the other on immigration policies that exclude lesbians and gay men and persons living with HIV from the United States. In addition, Project Faculty Chair, Professor William Rubenstein, spoke at a conference for California’s appellate and Supreme Court judiciary and Gala Reception taught Sexual Orientation Law to law school students. The From left, David Bohnett, founder and Executive Director of the Project also awarded its first summer fellowship to 2L David Bohnett Foundation, Michael Fleming, Program Director, student Stephanie Plotin, who used the fellowship to work the David Bohnett Foundation, Mark Schuster, M.D., and this past summer at the Los Angeles Office of Lambda Legal Professor Jesse Dukeminier share a laugh at the Williams Project’s gala reception. Defense and Education Fund.

UCLA LAW F ALL 2002 Events

Charles Williams Receives Award n recognition of Charles Williams for his historic gift and Rosenfield Symposium I the success of the Project during its first year, LHR, the lesbian and gay bar association of Los Angeles, selected Mr. By David Sklansky Williams to receive its 2002 President’s Award. The award is given each year to a person who has made a significant contribution in the field of lesbian and gay rights. Mr. eading torts scholars from across the nation and Williams received the award on October 19, 2003, at LHR’s beyond gathered at UCLA on April 19, 2002, for a annual awards dinner. symposium paying tribute to the memory of This year, the Williams Project plans to continue its L Professor Gary T. Schwartz, who died the previous July. successful work. Planned activities include a visiting scholars Participants included Dean Mark Grady [class of ‘73] of series, its second annual update on sexual orientation law, George Mason University School of Law, Justice Allen educational training for California judges, and the publication Linden of the Federal Court of Canada, and Professors of a new journal on sexual orientation law and public policy. George Fletcher of Columbia University School of Law, Michael Green of Wake Forest University School of Law, James Henderson Jr. of Cornell Law School, Jeffrey The Charles Williams Project O’Connell of the University of Virginia School of Law, on Sexual Orientation Law Robert Rabin of Stanford Law School, Kenneth Simons of Boston University School of Law, Jane Stapleton of Fall 2002 and Winter 2003 Australian National University, Stephen Sugarman of Boalt 32 Hall, and Ernest Weinrib of the University of Toronto. September 30, 2002 Sex and HIV in Correctional Facilities: Papers from the symposium and a set of tributes to Legal and Public Health Perspectives Professor Schwartz will appear in a forthcoming issue of October 25, 2002 Visiting Scholars Series: the UCLA Law Review. Katherine Ku, editor-in-chief of the Professor Kenji Yoshino, law review, says the issue “will reflect memories of Associate Professor of Law, Professor Gary Schwartz as a whole person — as an ener- Yale Law School getic, brilliant individual who shared his talents and joys with others, a friend as well as a scholar and a teacher.” The November 15, 2002 Visiting Scholars Series: Edward Stein, symposium was underwritten by the Ann C. Rosenfield Associate Professor of Law, Cardozo Law School Symposium Fund, established by a generous gift from the Ann C. Rosenfield Estate, directed by David Leveton, ‘62. January 9, 2003 California Same-Sex Marriage Litigation: A Roundtable Discussion (invitation only)

February 7, 2003 Sexual Orientation Law 2003: The Williams Project’s Second Annual Update on Sexual Orientation Law

March 7, 2003 Visiting Scholars Series: Janet Halley, Professor of Law, Havard Law School

For more information about these and other Williams Project events, visit the Project’s website at www.law.ucla.edu/williamsproject or contact Brad Sears, Project Director at (310) 267-4382 or [email protected]. If you would like to be added to the Williams Project mailing list to receive announcements about future activities, please send your address, phone num- Dean Jonathan Varat and Jeffrey O’Connell, ber, and e-mail address to [email protected]. Samuel H. McCoy II Professor of Law, University of Virginia School of Law, the keynote speaker at this year’s Rosenfield Symposium.

UCLA LAW F ALL 2002 Events

Frankel Symposium By Barbara Biles ’80

he Evan Frankel Environmental Zasloff, the symposium featured pre- and Steel: The Fates of Human Law and Policy Program’s inau- sentations by Gerald E. Frug, the Louis Societies, delivered the keynote Tgural Frankel Symposium, titled D. Brandeis Professor of Law at the address. The event, which was co- “Integrating Human Communities and Harvard Law School and the UCLA sponsored by UCLA’s Institute of the Natural Environments,” brought noted School of Law’s first Frankel Fellow, Environment and the Lewis Center for scholars, government leaders and and by Anthony Downs of the Regional Policy Studies, drew a large lawyers to the law school March 8 for a Brookings Institution, Mary Nichols, and diverse audience who participated day-long discussion that focused on California’s Secretary for Resources, actively in the day’s discussions. The the important issues of “smart Will Rogers, president of the Trust for success of the day bodes well for the growth,” open space preservation, col- Public Land and Manuel Pastor, pro- future of the law school’s laborative land use processes and the fessor of Latin American and Latino Environmental Law Center, which was environmental risks associated with Studies at UC Santa Cruz, among oth- officially launched with this first land use siting decisions. Led by ers. Dr. Jared Diamond of the UCLA Frankel Symposium. School of Law faculty moderators Ann School of Medicine, and the Pulitzer Carlson, Jody Freeman and Jonathan Prize-winning author of Guns, Germs 33

▼ Professor Tim Malloy converses with Courtney Hamamoto, Noah Golden-Krasner (‘01) and Maya Golden-Krasner (‘01) between panels.

▲ Frankel Foundation Trustee Ernie Frankel discusses open space preservation with panelists (left to right) Will Rogers (Trust for Public Land), Mary Nichols (California Resources Agency) and John Echeverria (Executive Director, Georgetown Environ- mental Law and Policy Institute) and moderator Professor J.R. DeShazo of the UCLA School of Public Policy and Social Research (standing).

UCLA LAW F ALL 2002 Events

Frankel Symposium

▲ Gerald E. Frug (Harvard Law School), UCLA’s ▲ Robert C. Ellickson (Yale Law School) from the smart growth first Frankel Fellow, outlines for the audience his panel meets with Professor Ann Carlson and Professor Kal recent work on smart growth issues. Raustiala after his panel presentation.

▲ Professor Jonathan 34 Zasloff leads a discussion of the ideas presented by Anthony Downs (Brookings Institution).

▲ Ernie Frankel (Frankel Foundation Trustee), Assistant Dean Kerry Bresnahan (‘89), Dean Jon Varat and John Gilderbloom (University of Louisville) continue the discussion of collaborative land use decisions.

▲ Dr. Jared Diamond delivered the ▲ From Left; Ernie Frankel and Andy Sabin, Trustees of the Evan Frankel keynote address at the Faculty Center. Foundation, join Dean Varat at the inaugural symposium March 8, 2002.

UCLA LAW F ALL 2002 Events

Commencement Warren Christopher speaks to UCLA Law Graduates about…

O’Melveny & Meyers LLP senior partner Warren approving gross manipulations of Christopher delivered a particularly poignant TRUST the company’s corporate books, and, when questions were raised, by message on Sunday, May 12, as the featured By Warren Christopher destroying corporate records that speaker of the School of Law’s 2002 “For a lawyer, would reveal the true facts. Commencement. Mr. Christopher, a Navy trust is the currency ■ Three of the greatest American histo- veteran who had clerked for United States of the realm.” rians have recently acknowledged Supreme Court Justice William O. Douglas, breaches of trust to their readers and sharply focused on recent events and implored students: two by copying extensively from the work of other authors, and UCLA Law’s 51st graduating class to incorpo- s the old saying goes, to be the third by fabricating his role in the trusted is a greater compli- rate trust in their professional and personal Vietnam War. ment than to be loved. For a lives. The former U.S. Secretary of State is an A ■ lawyer, trust is the currency of the Arenowned preacher, one of authority on matters of trust, as he was realm. Certainly, a lawyer needs many America’s icons, has acknowledged instrumental in brokering Arab-Israeli peace talents to succeed — ability, diligence, making statements so anti-Semitic in content as to breach the trust of the treaties; cease-fire agreements in Bosnia; and stamina, a fine education, a little charm 35 — but none is more vital than the ability millions who have looked to him for international environmental plans during the to create and sustain trust. spiritual leadership. Clinton Administration. He was awarded the In recent months we’ve witnessed ■ In Los Angeles, police officers have nation’s highest civilian award, the Presidential egregious breaches of trust — betrayals violated their oaths and disgraced Medal of Freedom, for his role in 1981 as the so blatant and broad ranging that it their badges by planting guns and seems almost impossible that they drugs and testifying falsely to con- chief American negotiator who ended the occurred within only a few months. vict the innocent. Iranian hostage crises. Closer to home, in ■ Arenowned religious institution has Each of these transgressions has 1991, Mr. Christopher acted as Chairman of the repeatedly condoned and covered exacted a terrible toll on the persons Independent Commission on the Los Angeles up the sexual abuse of vulnerable and institutions involved. Once lost, Police Department, commonly called the seminary students and young trust is almost impossible to regain. parishioners by priests and bishops. “Christopher Commission.” Mr. Christopher Those betrayed become cynical, hyper- With disturbing frequency, the sensitive, and unwilling to trust again. has also authored two books: Chances of a church compounded the felony by Thousands of honorable accountants Lifetime, Scribner 2001; and In the Stream of reassigning pedophile priests to have been unable to salvage a viable History: Shaping Foreign Policy for a New Era, other parishes where they continued entity from the misdeeds of a fraction to abuse their positions of trust. Stanford University Press 1998. “Warren of their partners. Enron is in bankruptcy ■ A major corporation distorted its and, if it ever emerges, will be only a Christopher is a legend here and abroad for his books to inflate its profits, hide its shadow of its former self. The stain of steadfast commitment to ethics, civility, and losses, and drive up its share prices. corruption is so deep that a baseball diplomacy. His career has embodied the values Some of its corporate officers team actually paid the corporation $2 that we share, admire, and hope to impart to betrayed their positions of trust by million to take its name off their baseball selling their stock at inflated prices stadium. The efforts of the wayward our graduates as they assume the responsibility while everyday workers and small historians to explain their breaches of of their noble profession,” said UCLA Law investors were required or induced trust have only made matters worse. Dean Jonathan D. Varat. His remarks at to hold the rapidly falling stock — Even an institution that specializes in Commencement 2002 were so well received and to watch their retirement funds forgiveness is having a difficult time melt away. in regaining the confidence of its and so important to our profession that we Parishioners. In a world that presents ■ A major accounting firm breached its reprint them in full. too many opportunities to lose trust trust to the investing public by and too few to create it, what is a fresh-

UCLA LAW F ALL 2002 Events

minted lawyer to do? How can who introduced me to the court- you engender trust and how can room was almost obsessed with you keep from losing it? While I gaining and maintaining the con- have no global answer to these fidence of the court. Every move questions, I do have a few sugges- he made in the courtroom reflect- tions. ed that goal. He never made fac- First, focus intently on earn- tual statements that he couldn’t ing the trust of your clients. Trust back up, never stretched a court tends to be built slowly, through decision beyond its fair meaning, small incremental steps. Grasp and never asked a court to make a every opportunity to show clients ruling that wasn’t legally and fac- that you care about their prob- tually defensible. It was an exact- lems, that you are on their side. ing standard, but when it came Remember what a rare privilege it time for decision, he wanted the is to be authorized to speak for court to have faith in his integrity someone else, so measure your and to trust what he had said. words with care and precision. You may think this an old-fash- Keep your promises. If you ioned approach in a day when an say that you will do something by attorney seldom appears before a given date, don’t fail to meet that the same judge twice. Indeed, deadline. If you undertake an there are hundreds of judges in urgent mission for a client, report the California trial courts and the results the same day — even if scores in the federal system. But 36 it means giving a preliminary judges do talk to each other. A report at the end of a marathon lawyer who cuts corners can negotiating session. The client expect that his or her conduct may be pacing the floor waiting to will not escape notice in the hear. When you report to the judges’ dining rooms. On the client, it’s all right to be diplomat- Former Secretary of State Warren Christopher delivers other hand, if you prove worthy ic, but don’t fudge on the results. the 2002 Commencement Address. of trust, that news will travel, Create an atmosphere of mutual too. It’s a reputation well candor. Be scrupulously honest, worth having. and let the client know you expect the “No, but here’s how you can legally Third, earn the trust of your fellow same in return. accomplish your goal.” Sometimes, practitioners. When you give your Having earned the trust of your though, the only answer is a flat, “No.” word, keep it. If a client wants to client, take every precaution not to When that happens, be direct and firm breach an agreement previously betray it. The client has a right to in your advice, and don’t try to hide approved, let it be known that he or expect that you won’t take on any behind section numbers and case she will need a different lawyer to do matter that conflicts with his or her names. The client is asking for your it. There are many lawyers in this city interests. Many times in your career, considered judgment, not a demonstra- who have sharply divergent ideologies, you will be tempted to risk a conflict tion of how much you know. Don’t be who regularly represent clients with because a proposed new matter flatters swayed by the importance of the client radically different interests, but who your talents or may fatten your wallet. or by how much the client would get along famously because they trust You will avoid a lot of heartbreak and appreciate a “Yes.” The difficulties now and respect each other. sleepless nights if you just say “No.” facing the accountants and the lawyers I hear that it has become fashionable It’s a good idea to follow one of Bob stem from the widespread suspicion these days to yell and scream, to kick Jones’s rules of golf, which ordains that that they became so closely entangled and gouge, to think that anything goes you “call the close ones against in the affairs of their client — so anxious when you’re dealing with another yourself.” to please – that they could not render lawyer — for example, in strident Your integrity — the trust reposed objective advice. You should decide phone calls or nasty negotiations. I tell in you — will often be tested when you right now that there are certain lines you without hesitation that taking this are asked for an opinion on a difficult you will not cross. approach will risk your reputation and question. If a proposed course of action Second, earn the trust of the courts impair your effectiveness. In the long is of doubtful legality, the skillful or other agencies before which you run, it will be much better if you create lawyer will usually find a way to say, practice. One of the senior lawyers a reputation for treating your fellow

UCLA LAW F ALL 2002 Events

lawyers with civility, for representing yourself look bold and decisive. But your clients forcefully but fairly, and you can never know everything, so you for remembering that the best result is should develop a process for deciding usually one in which neither party is when you know enough to trust your “The world this year—as in vanquished. In the end, you will find own instinct and judgment. Geneticists that gaining the trust of your peers in are fond of saying that 99 percent of the too many other years in the law is one of the most satisfying material making up a human being is history—seems especially things you can do. the same for each of us. But that one turbulent, tumultuous and There is a fourth kind of trust percent of variation makes a terrific that’s important to a lawyer. It’s trust difference. Be true to yourself. Don’t tragic. In times like these— in your own judgment. In your life in worry about standing apart from the and in better times, too— the law, you will often be tempted to crowd. Create your own standard, lawyers have the defer to the judgment of others or to trust your own judgment — and live imitate them. There is nothing wrong by it. potential—and I believe with role models — as long as they are We’re all haunted by the specter of the responsibility—to be a the right ones. But as you grow in the those who have betrayed their trust — vital force for peacemaking, law, you should depend more on your- priests and preachers, executives and self and less on others. Of course, accountants, historians, police officers balancing liberty and you’ll want to assemble the facts, the — and lawyers. Here on this beautiful security, and helping to precedents, and the expert advice spring day, in the presence of family build prosperous and necessary to enable you to come to the and good friends, resolve that you right decision. You’ll want to be delib- won’t join them. Resolve instead to cohesive communities. As I erate and not lurch at a decision in nurture and honor the trust that is wish you the satisfaction 37 order to get it off your mind or to make being placed in you today. and rewards that your education—put to good use in the service of others— can bring, I ask that you regularly consider the many ways, both large and small, in which you can enlist in the ranks of the constructive.” — Dean Jonathan Varat 2002 Commencement

Dean Jonathan Varat congratulates Emily Bourque ’02.

UCLA LAW F ALL 2002 Events

Professor of the Year Kirk Stark Commencement excerpts from Professor Kirk Stark

According to the Rule of 99, for every class for you when you were sick, co- one unit increase in what you know, authors of your class outlines for your awareness of what you don’t Evidence or…Corporate Tax. One fun- know increases by 99 units… Now, let damental lesson of The Rule of 99 is that me be clear: like most groundbreaking nobody can do this alone. And just like ideas, this one did not originate with learning the law is not a go-it-alone me. In fact, there are many others who type project, practicing law is very have articulated The Rule of 99 using far much a team undertaking. Over the more eloquent language than I can next few years you will likely make muster. For example, as Historian some of the best friends of your entire William Durant once put it: “As we life… But there is one particular type acquire more knowledge, things do not of friendship that deserves special become more comprehensible, but mention in connection with your more mysterious — education,” Durant upcoming face-off with The Rule of said, “is a progressive discovery of our 99 — and that is The Mentor. What’s own ignorance.” Or consider how great about the Mentor is that she’s British Poet Ronald Duncan once put been through it all before and, now — it: “Compared to the pond of knowl- almost unbelievably — she is taking the edge, our ignorance remains atlantic. Professor Kirk Stark was honored as time and effort to make YOU a better Indeed,” Duncan concluded, “the Professor of the Year for the second time. lawyer… 38 horizon of the unknown recedes as we ■ approach it.” These are wonderful there’s a counter-argument. For every Finally, along with Humility and quotes — they beautifully capture the answer, there’s a better answer. For Friendship, the lifelong battle you are idea that I’m trying to convey. But since every complaint, there’s a cross- about to begin with The Rule of 99 I could not plausibly or legally claim complaint. promises to bring you Wisdom…I have them as my own, we are stuck with ■ a hunch, but it is really just a hunch, The Rule of 99. …The Rule of 99 exposes the myth of that wisdom is actually a whole pack- ■ the clever, know-it-all lawyer. What it age of attributes — a combination of …The fact is, as you experience the promises instead is Genuine Humility — things like self-knowledge, generosity, torment of The Rule of 99, you are the sort that fosters curiosity, open- empathy, and thoughtfulness. I also also — whether you know it or not — mindedness, and a never-ending quest know that one does not come by wis- gradually accruing its benefits. To be for a better understanding of the dom quickly. There is no BAR/BRI sure, these benefits are subtle — unlike world. Here the model is not the class on Wisdom. It can’t be tracked The Rule of 99 itself, they won’t wake fictional (and strategically humble) Ben down on LEXIS or Westlaw. you up in the middle of the night. Matlock, but rather the real-world ■ Nevertheless, these benefits are, in my Mahatma Gandhi, whose training as a …You are in for a tumultuous few view, the fundamental building blocks lawyer no doubt played at least some years. Law can be fun and exciting – a of a successful and fulfilling career as a role in leading him to conclude that real thrill ride. It is — after all — at the lawyer. “one must be humble as the dust before he center of some of the most dramatic ■ can discover truth.” events in the human experience: crime The first, and perhaps most obvious ■ & punishment, justice & equality, benefit — is Humility. Once you recog- A second benefit you should expect, as mergers & acquisitions. Still, there will nize “that the horizon of the unknown your ignorance explodes over the next be times when you will feel like you’ve recedes as you approach it” you are well few years, is Friendship. Think about taken 99 steps back, and only 1 step on your way to cultivating a true it. What is the natural human reaction forward. When that happens, keep appreciation of the limits of your own when you find yourself in an extraor- your head up. Be patient. Enjoy the knowledge. Now I understand that the dinarily challenging situation? I have a ride. Gradually, over time, you will legal profession is not generally known one-word answer in mind: HELP! realize that you’ve lived a life of grace for its humility. And the truth is, much Look around you. This is a benefit that and fulfillment — accumulating along of this starts in law school. Law stu- you have already begun to experi- the way plenty of humility, friendship dents are taught to challenge and ques- ence — fellow students from your first and wisdom… Please — keep in touch. tion everything. For every argument, year sections, the guy who taped that

UCLA LAW F ALL 2002 Events

Entertainment Law Symposium The Twenty-sixth Annual UCLA Entertainment Law Symposium attracted some 400 attendees January 25 and 26.

▲ Keynote Speaker John Schulman, Warner Bros.

▲ Movie Merchandising Panel moderated by Symposium Co-Chairman Laurence M. Marks ’78.

▲ Wall Street Panel: Tom Wolzien, David Merritt, Gordon Crawford and Kenneth Ziffren ’65.

▲ Symposium Sponsor West Group: (seated left to right) Melissa Hagar and Danae Weidemann, (standing) Scott Wilson. ▲ Film Finance Panel: Mark Seiler, Gary Concoff and John Delaverson.

UCLA LAW F ALL 2002 Events

Law Musical

February 2, faculty, students, and

staff joined together for the 20th

annual law school musical,

“No Diploma” sung to the tune

of “Oklahoma.” Professor Ken

Graham invites participants for

next year. If you are interested,

please contact him at

[email protected].

David Nimmer, “Who Owns the Bible”

Visiting Professor David Nimmer

presented the copyright issues

surrounding control of the Dead Sea

Scrolls in his February 14 lecture,

“Who Owns the Bible.”

UCLA LAW F ALL 2002 Events

UCLA Law Review Symposium

The UCLA Law Review Symposium, which has been endowed by Skadden, Arps, Slate, Meagher & Flom LLP, was held on March 1. This year’s symposium was entitled “New Forms of Governance: Ceding Public Power to Private Actors.”

Dean Jonathan Varat conveys the law school’s gratitude to Harriet Posner ’84 of Skadden, Arps.

Third Party Governance Panelists Prof. Sharon Dolovich and Henry M. Levin.

Professors Kal Raustiala and Richard Steinberg.

Prof. Jody Freeman, Harriet Posner ’84, Dean Jonathan Varat and Associate Dean Barbara Varat.

UCLA LAW F ALL 2002 Events

New Admits, Students, Faculty and Staff Gather at Annual New Admissions Reception April 14

Associate Dean David Sklansky 42 Scott Dominguez ’03

The Melville B. Nimmer Memorial Lecture March 11

This year’s Melville B. Nimmer Memorial Lecture, “Copyright and Its Metaphors,” was delivered by Mark Rose, Professor of English at UC Santa Barbara. Many of Melville Nimmer’s family members attended.

(First row) Gloria Nimmer and David Nimmer. Jeanne Berges ’04 and Paula Bingham Goldstein ’03 (Second row) Milton Thomas, Marcia Nimmer, Melissa Doyle, Laurence Nimmer and Steven Nimmer.

Prof. Stephen Yeazell

UCLA LAW F ALL 2002 Events

Thirteenth Annual Public Interest Awards April 15

43 Top: Dean Jonathan Varat, Grace Song, Prof. Khaled Abou El Fadl, Cherif Abou El Fadl, Azmeralda Alfi, Dr. Omar Alfi.

Antonia Hernandez ’74, member of the UCLA School of Law Board of Advisors.

Bottom: (left to right) Nancy Mintie ’79, Do Kim ’02, Prof. Frances Olsen, Beth Caldwell ‘03, Prof. Khaled Abou El Fadl, Madeline Janis-Aparicio ‘86, Antonia Hernandez ’74, Dean Jonathan Varat.

UCLA LAW F ALL 2002 Events

Alumni of the Year Awards Luncheon 2002

he UCLA School of Law and the Law TAlumni Association honored William Vaughn ‘55 for Professional Achievement and Stewart Kwoh ‘74 for Public and Community Service at this year’s Alumni of the Year Awards luncheon held April 16, 2002, at the Omni Hotel in downtown Los Angeles. Many law school alumni, as well as the honorees’ families, co-workers and friends, attended the event.

William Vaughn ’55 and George Schiavelli ’74.

(left to right) Claire Vaughn, William Vaughn ’55, Dean Jonathan Varat, 2001-2002 Alumni Board President Shedrick O. Davis ’87, Stewart Kwoh ’74, Patricia Kwoh.

Stewart Kwoh ’74.

UCLA LAW F ALL 2002 Students

Students

UCLA Law Students Hammer out Agreement in Uzbekistan

By Cody Cass

ith the breakup of the Soviet Union ten years ago, Wthe deadliest array of biological and chemical weapons in the world was left unguarded on a small island in the Aral Sea. Four hundred miles from Iran, 800 miles from Iraq, and 500 miles from Afghanistan lies what has been dubbed “the world’s largest anthrax burial ground.” With 45 no troops, money, or plan for cleanup, the anthrax cache was free for the Jonathan Steinsapir ’02 after a day of negotiation. taking. In its quest to protect the world from this terrorist’s treasure trove, the While their accomplishments are Jonathan agreed, declaring, “This Department of Defense enlisted the extraordinary, the responsibility is my way of serving my country.” assistance of three UCLA Law students. entrusted to UCLA students is not The group was chosen based on An October 22, 2001 agreement unusual. Since the 1980’s, UCLA Law their strong interest and involvement with Uzbekistan to clean up lethal externs have reviewed legal agree- in international politics. Emily, for anthrax deposits on Vozrozhdeniya ments by the United States or its example, worked at the Center for Island bears the signature of Jonathan embassies through the Department of Non-Proliferation Studies in Monterey Steinsapir ’02, and the fingerprints of Defense Office of the General Counsel. for six years before going to law school. classmates Emily Daughtry ’03 and “The string of exceptional students “They are a very talented group of Erin Wilson ’02. we sent them in the past assured the law students,” said Pentagon Counsel The trio, working through UCLA’s department that these students could Beard, “and they did an outstanding externship program, served various do the job,” explained UCLA Law job.”Sid roles in constructing the treaty. Erin Professor Richard Steinberg, who worked to lay the groundwork in an selected the trio. umbrella cleanup agreement between “It’s a good example of the kind of the countries in spring 2001, Emily contribution that law students at ironed out the deal’s details over the UCLA can make,” said Associate summer and fall, and Jonathan was Deputy General Counsel for interna- flown to Uzbekistan to close the nego- tional affairs Jack Beard, who oversaw tiations. Their story made headlines in the externs from Washington. “Their The New York Times, the Los Angeles contribution is all the more important Daily Journal, the Los Angeles Times, and appreciated (in the wake of and UCLA Today. September 11).”

UCLA LAW F ALL 2002 Students

Jennifer Rothman ’02 Publishes Two Articles

raduating law student Jennifer Rothman published not one, G but two articles this year for other law school journals. Her first article on “Freedom of Speech and True Threats,” published in the Harvard Journal of Law & Public Policy, was cited by Ninth Circuit Judge Alex Kozinski ’75 in his dissent in Planned Parenthood v. American Coalition of Life Activists. Her second article, due to be published by U.C. Davis Law Review, “Copyright Preemption and the Right of Publicity,” is dedicated to the memory of Professor Gary Schwartz and is abstracted on Jennifer Rothman ‘02 discusses Judge Kozinski’s citing of her article with her mentor, this page. Professor Eugene Volokh ’92 46

Abstract of “Copyright Preemption the licensing of the characters was ambiguous and difficult to apply. and the Right of Publicity” explicitly allowed under copyright law, Neither courts nor scholars have looked the Ninth Circuit held that the right of much beyond the Copyright Act’s explicit by Jennifer Rothman ’02 publicity prevented the creators from preemption clause when considering This article addresses the conflict doing so. Similarly, performers have preemption of publicity rights. This between an ever-expanding right of successfully used the right of publicity article proposes a new approach to publicity and the federally guaranteed to prevent the making of sound-alike analyzing copyright preemption — one rights provided by copyright law. This recordings even though the Copyright that incorporates the broader principles conflict is highlighted in the Wendt v. Act explicitly permits such recordings. of the Supremacy Clause to determine Host International case in which the The vast majority of courts have when copyright law should preempt the actors George Wendt and John not preempted the right of publicity right of publicity. The article then Ratzenberger from Cheers used the even when it conflicts with clearly presents a practical test for determining right of publicity to prevent the show’s established copyright law. This is true, when the right of publicity stands as creators from licensing the use of the in part, because most courts have relied an obstacle to copyright law and Norm and Cliff characters in the decor almost exclusively on the preemption should therefore be preempted. of a chain of airport bars. Even though clause of the Copyright Act, which is

INTRAMURAL AT UCLA LAW Volleyball Scott Dominguez ‘04 Basketball (Co-ed) Erika Araujo ‘03 *2000-2001 Champions John Hribar ‘03 *2001-2002 Champions Scott Dominguez ‘04 *2001-2002 Champions Patrick Klein ‘03 Elizabeth Hillman ‘03 Kregg Koch ‘03 Patrick Klein ‘03 Ryan Lund ‘03 Mary Klima ‘03 David Plancarte ‘03 Matthew Manewall ‘03 Dru Zachmeyer ‘03 Susan Mathis ‘03

UCLA LAW F ALL 2002 Students

Triple-header at UCLA Law: was always there standing on the side- with my mother,” Alexandria says. Three siblings enrolled at lines cheering,” Alexandria recalls. “Once again, the house is vibrant and once — Scott, Alexandria Her sister Janice became a teacher busy.” and her brother, Joseph, a sheriff’s And Pepita Dominguez has and Bryan Dominguez; deputy. Scott, the first to enter the assumed yet another role. As Alexandria UCLA Law ’03, ’04 and ’05 School of Law, graduated from explains, her tiny (5'2") mother, who Georgetown University as a govern- has always ruled her home with a firm o one at the UCLA School of ment major. Alexandria earned her hand, is now busy “arbitrating legal Law can remember anything master’s in psychology from the discussions during dinner.” Nlike it: two brothers and a University of Maryland. And Bryan sister, all enrolled at the same time. studied communications and Spanish Story adapted from an essay by Scott Dominguez is in his third year, at Boston College. Alexandria Dominguez ‘04. Alexandria Dominguez in her second This past summer, the three year and Bryan Dominguez just begin- Dominguez law students worked in ning his first year. Each attended a downtown Los Angeles. Scott and different college, and Alexandria took Alexandria worked at law firms, and a year to complete her master’s Bryan clerked for a judge. 47 degree — so their triple enrollment is “We are also back at home living something of a miracle of timing. at our childhood house on Olive Street But for the Dominguez family, the real miracle is their mother, Pepita Dominguez. Nineteen years ago, her husband Jose died just days after suffering a sudden brain hemorrhage. He left their five children to her care, making two specific requests: that they continue their piano lessons, and that she focus on their education. “I suspect that even my father did not realize that he had entrusted his children to the strongest, most dedicated and loving mother on earth,” Alexandria says. Pepita Dominguez worked as many as three jobs at one time to support her children. But their memories of childhood are full of vacations in Big Bear, carefree days playing football and evenings gathered around the kitchen table to do homework together. Their mother was a constant presence. “Growing up, we never missed her at any event, whether it was soccer games or piano recitals, because she (Left to right) Bryan Dominguez ’05, Alexandria Dominguez ’04 and Scott Dominguez ’03.

UCLA LAW F ALL 2002 Students

Moot Court 2001-2002 MOOT COURT TEAM

By David Greenwald from the same school from representing a region in the hile they certainly intended final rounds.) to do their best, there were UCLA lost the first round Wfew expectations among against South Texas — a school the members of UCLA’s team of third- known in moot court circles as year students representing the School the team to beat — but won in of Law in the 2001-2002 National Moot the next preliminary and Court Competition sponsored by the advanced to the Sweet Sixteen, American College of Trial Lawyers and where it polished off Chicago- the Association of the Bar of the City of Kent, Rutgers and Cleveland- New York. The Bruins, after all, had Marshall to land in the finals, not advanced beyond the regional facing off against Hastings rounds since 1997. (again) in an All-California So it was with a good deal of contest to determine who was elation that the team of Bonita Moore, best in the nation. ▲ Roscoe Pound Tournament on March 14: Celeste Drake and Adam Cook made it The two teams argued complex Celeste Drake ’02, Rebecca Kanter ’03, and 48 through the quarterfinals and then, employment and arbitration issues partners Tony Richardson and Bob Krupka even after losing to Hastings in the before a panel of seven judges that of the Los Angeles office of Kirkland & Ellis, a major sponsor of the event, including semifinals, found itself among twenty- included the Chief Judge of the U.S. the award of student prizes. eight schools from across the nation Second Circuit Court of Appeals, John heading to New York in January to M. Walker Jr., and the Chief Justice of compete in the final rounds. (Hastings the Wisconsin Supreme Court, Shirley teams had won first and second in the S. Abrahamson. When it was over, semis, but one was disqualified under Hastings prevailed, but UCLA had a rule that prohibits multiple teams advanced farther than ever before: Drake was honored as Best Individual Oral Advocate and the team won Second Place ▼ Roscoe Pound Tournament on March 14: overall and the Second Place Ryan Roemer ’03, Todd Piro ’03, and brief award. Jonathan Anschell of White O’Connor Curry Gatti & Avanzado. White O’Connor awarded student prizes at the event.

▲ Moot Court Board Members (row 1, left to right) Laurie Manus ’02, Kristin Green ’02, Dana Jean Peterson ’02, and Chrystal James ’02, (row 2, left to right) Sylvia Rivera ’02, Celeste Drake ’02, Jason Bazarnick ’02 and Sarah Friedman ’02.

UCLA LAW F ALL 2002 Students

Andrew Elmore ’02 Andrew’s article concerns a serious UCLA Law Students Win Wins the Aaron Award social and economic problem: employers in the garment industry frequently fail Two ABA Law Student By Michael Asimow to pay minimum wages to their employees (who are often undocu- Division Awards The Aaron Award honors mented aliens) and frequently disappear Professor Benjamin Aaron, a without paying wages that have been t the American Bar Asso- longtime member of the UCLA earned. These employers usually have ciation’s 2002 National faculty and an internationally contract relationships with larger gar- Convention UCLA Law stu- ment manufacturers and sometimes A recognized expert on labor law. dents won two Law Student Division with retail stores. The manufacturers The award carries a stipend of Awards. Our Student Bar Association and retailers disclaim liability for viola- was named the Western Regional $500 and is presented each year tions of the minimum wage laws or for to the member of the graduating unpaid wages, however. The article Student Bar Association of the Year class who has published the documents the failure by the federal and UCLA Law was recognized as the best article in any of UCLA’s Law government to enforce labor laws in Judy M. Weightman Memorial Public Reviews. The faculty review this situation and explores new reme- Interest School of the Year. Speaking dies. These include statutes enacted in 49 committee consists of Alison of the first award, Assistant Dean of New York and California that would Students, Elizabeth Cheadle said: “It’s Anderson, Richard Sander, and impose liability on corporations up the Michael Asimow. supply chain from the defaulting a great tribute and well deserved employers. The existence of such honor. UCLA Law’s SBA has worked he winner of the Aaron Award statutes should cause the manufacturers incredibly hard, and quite successful- this year is Andrew Elmore ’02 and retailers to impose pressure on the ly, to build a strong sense of commu- Tfor his article “State Joint small contract employers to adhere to nity among the students by providing Employer Liability Laws and Pro Se labor laws. The article analyzes these a broad range of services and activi- Back Wage Claims in the Garment statutes and suggests improvements to ties and a voice for students with Industry: A Federalist Approach to a make them more fair and effective in National Crisis,” 49 UCLA Law solving the problem of labor exploita- widely diverging interests and view- Review 395 (2001). tion in the garment industry. points.” Discussing the public interest award, Catherine Mayorkas, Director Dean Varat donates of the Program in Public Interest Law blood at the annual and Policy said: “The award is a trib- Black Law Students ute to the dedication and commitment Association blood drive. Following of our students. Many students, September 11, a record through participation in a variety of number of students, student organizations, programs and staff and faculty activities, have worked tirelessly to participated in ensure that the School lives up to its the drive. public mission. We are immensely proud of their efforts.”

UCLA LAW F ALL 2002 Students

Student Animal Legal management, treatment of performing the authors of the first casebook devoted Defense Fund (circus) animals, ethics of animal testing, to animal law. Speakers have included and many others. Harvard Professor Steven Wise; Robert By Christina Johnson ‘03 The David Bohnett Foundation Ferber, who directs the Los Angeles sponsors the Bohnett Lecture Series, a Animal Protection Unit; author and he Student Animal Legal monthly platform featuring attorneys animal rights leader Gary Francione; Defense Fund is a newly from diverse areas of the community, and Tufts University School of T established chapter of the including lawyers working directly on Veterinary Medicine Professor Paul national organization, Animal Legal animal-related cases, such as companion- Waldau. Defense Fund, and is comprised of animal custody disputes; attorneys SALDF’s Legislative Analysis UCLA law students who wish to discussing how to protest and advo- Project supports students who analyze protect the lives and advance the inter- cate legally on behalf of animals; and animal related legislation pending in ests of animals through education and the California State Assembly and State the legal system. Under the guidance Senate. These analyses are then posted of Professor Taimie Bryant, students on the web for access by the animal- operate two main initiatives: the rights and lobbying communities. Bohnett Animal Law Lecture Series, Please send e-mail to [email protected]. Or 50 and the Legislative Analysis Project. visit www.studentgroups.ucla.edu/saldf. Issues involved are as varied as companion-animal overpopulation, wildlife

Olympic Torch all while teaching high school English full time. Now cancer-free, she works By Amy Gerrish ‘03 tirelessly in our community, sending care packages and providing comfort y entire life my mother has to cancer patients. The Olympic lit my life with her amazing Committee selected both my mother spirit, and on January 17, I M and me as an inspirational duo! I was had the opportunity to repay the favor. overjoyed to run to my mother and dip At daybreak that morning, I was privi- my torch to light hers as she began her leged to carry the Olympic Torch in triumphant run. Paso Robles, California, and for just a few minutes, I was the only person in the world with that honor. I hadn’t This entire experience was expected to carry the torch. When the life changing. The Olympic 2002 Winter Olympics Torch Relay Torchbearers exemplify Committee asked for Americans to what the Olympics are all participate, I nominated my mother. about – the perseverance of the human spirit. Diagnosed with breast cancer in 1998, It was especially memorable she subsequently endured six months as four of my fellow class- of intense chemotherapy and radiation, mates here at the School of Law drove up all the way from Los Angeles to watch the event!

UCLA LAW F ALL 2002 Alumni

Class of 1952 50th Reunion June 29

UCLA LAW F ALL 2002 Alumni

Class of 1952’s plan was started at the request of Dean a videotape, which class members Jonathan Varat to help build the purchased to commemorate their 50th Reunion school’s endowment. reunion. In an evening filled with warm The Law School wishes to thank By Kristine Werlinich reminiscences and close camaraderie, the Class of 1952 Reunion Committee Dean Varat announced the law school’s for its hard work in planning the he UCLA School of Law’s first first 50th reunion class gift. Dean Varat school’s first 50th reunion. The graduating class, the Class of presented the Class of 1952 with a large Committee included: Jean Bauer T 1952, celebrated its 50th Class bronze medallion honoring their Fisler, Maurice Bralley, Saul Reunion on June 29, 2002. Nearly all of gift. Class members were pleased to Grayson, Arthur N. Greenberg, the living twenty-six class members have established yet another tradition Hon. William Keene, Sidney R. and a few members of the classes of that will benefit the law school in per- Kuperberg, John C. McCarthy and 1953 and 1954 – those who took classes petuity. The medallion has been Joseph N. Tilem. with the Class of 1952 – attended a gala mounted in the main corridor of the dinner in the fourth floor tower of the law school building. Class Photo, page 51: (row 1, left to right) Hugh and Hazel Darling Law Library. Before the reunion Dean Varat had Jean Bauer Fisler, Geraldine Hemmerling, Pioneering once again, the first the alumni and development staff initi- Perry Langford, Richard Collins, Howard graduating class started a new ate an oral history project that inter- Rhodes, Frederick Mueller; (row 2, left to 52 tradition at the School of Law. As their viewed the members of the Class of right) Curtis Danning, Maurice Bralley, class gift, each member of the Class of 1952 about recollections of their law Arthur Alef, Edward Smith, William Keene, 1952 was asked to make a planned gift school experience, significant moments John McCarthy; (row 3, left to right) to the law school. This tradition to have of their professional careers, and Arthur Greenberg, David Comsky, Sidney alumni celebrating their 50th reunion friendships they formed at UCLA Law. Kuperberg, Joseph Tilem; (row 4, left to include the law school in their estate The interviews were put together on right) Saul Grayson, Robert Carlson.

Jean Bauer Fisler ’52, Audrey Greenberg, Arthur Greenberg ’52, Professor Edgar Jones, Harriet Alef and Arthur Alef ’52.

UCLA LAW F ALL 2002 Alumni

CLASS OF 1952’S 50TH REUNION

Dean Jonathan Varat and Geraldine Hemmerling ’52.

Frederick Mueller ’52 and Jean Bauer Fisler ’52.

Harriet Hochman and Audrey Greenberg.

UCLA LAW F ALL 2002 Alumni

CLASS NOTES 1950s

AMS, the nation’s largest private Curt Livesay ‘65, recently was named Alternative Dispute Resolution chief deputy to Los Angeles County J provider has added former Calif- District Attorney Steve Cooley. ornia Court of Appeal Associate Justice ◆ William Masterson ‘58 to its ranks. He Veteran legal analyst and legal news will focus on multi-party, complex journalist Roger Cossack ‘66 will join business commercial cases. His 13-year Court TV network’s daytime signature career on the bench included his position live trial coverage as an anchor, and on the California Court of Appeal and also will host Monday’s Open Court. on the Los Angeles County Superior Roger joins Court TV from CNN, Court. He also has worked as a partner where he co-hosted the daily legal at Skadden, Arps, Slate, Meagher & news program Burden of Proof. Before Flom LLP; Rogers & Wells, and CNN, he was a prosecutor with the Los was selected, Nancy got a letter inviting Sheppard, Mullin, Richter & Hampton. Angeles County District Attorney’s her to participate as well. office. He argued U.S. v. Leon to the ◆ U.S. Supreme Court in 1984. The Los Angeles Daily Journal 54 ◆ California Law Business section profiled Michael P. Judge ‘68, the Public 1960s David W. Condeff ‘67, of counsel to Defender of Los Angeles County, as Nixon Peabody’s San Francisco office, one of California’s 100 Most Influential fter retiring from the practice of has been admitted as a Fellow of The Lawyers. ◆ law in California in 1997, Norma American College of Trial Lawyers. A B. (Raff) Hutner ‘62 moved with ◆ Governor Gray Davis appointed her husband to Lake Monticello, Court of Appeal Justice Steven Perren Richard H. Kirschner ‘68 to the Los Virginia. She was admitted to practice ‘67 was the keynote speaker at Cal Angeles County Superior Court. Judge in Virginia, and she entered political Lutheran University’s graduation Kirschner spent the first five years of activities, winning a seat on the Board ceremonies on May 18; he received an his career as an assistant U.S. attorney of Supervisors for Fluvanna County — honorary law degree from the school. in Los Angeles, where he prosecuted the first woman to hold a Fluvanna Judge Perren was appointed to the 2nd federal offenses ranging from immigra- County Supervisor’s seat since the District Court of Appeal in 1999 by tion crimes to complex white-collar inception of the Fluvanna County Governor Gray Davis, having served crimes. A past president of the Federal Board of Supervisors, 100 years ago. as a Ventura County Superior Court Bar Association’s Los Angeles chapter, ◆ judge for seventeen years. he has been in private practice since Jerry Katzman ‘63, a veteran of the ◆ 1975, specializing in white-collar William Morris Agency, has joined the Bob Weeks ‘64, J.D.‘67, and his wife, criminal defense. For the last twenty UCLA School of Theater, Film and Nancy (Rockoff) Weeks ‘64, M.A.’66, years, he has served as the pro bono Television as a member of the faculty, both participated as torchbearers chair of the Federal Indigent Defense teaching in the Producers Program and during the 2002 Olympic Torch Relay Panel for the Central District of as the School’s liaison with the enter- preceding the Winter Olympics in Salt California. He also has been a judge tainment industry. Recently, Jerry Lake City. The organizers were seeking pro tempore in the Los Angeles announced he was stepping down people who inspired others in keeping Municipal Court and a State Bar prose- from his post as vice chairman of the with the theme of “light the fire within.” cutor. In May 2000, Judge Kirschner William Morris Agency, Inc., ending an Nancy nominated Bob for his contribu- was appointed deputy general counsel almost 30-year tour of duty at the tal- tions to the legal profession and their to the Board of Police Commissioners’ ent and literary powerhouse. San Jose, CA, community. After Bob Rampart Independent Review Panel.

UCLA LAW F ALL 2002 Alumni

1970s

andall B. Hamud ‘70’s “Diary of A Fellow of the American College of Nathalie Hoffman ‘73 has returned to a Terrorist’s Lawyer” was the Trial Lawyers, Paul Meyer ‘71 recently UCLA to pursue a Masters of Business R cover story of the April 2002 completed a two year term as Chair of Administration at the Anderson School California Lawyer Magazine. A sole the Admission to Fellowship Committee of Business. She is pursuing the practitioner in San Diego, he is a long- for the College. Paul was elected to Executive MBA program with a time activist in the Arab-American Fellowship in 1992. He recently deliv- concentration in International Business community, has served two years as ered an address on the interaction Transactions, emphasis on Brazil. She chair of the city’s American Arab Anti- between the chronically mentally ill is the only lawyer in the group of Discrimination Committee and currently and the criminal justice system for the seventy-two students in her program chairs the police department’s advisory “Get Involved With Mental Health” and one of only twelve women. board, dealing with issues of hate benefit held in Huntington Beach, ◆ crimes and racial profiling. His narra- California. Daniel H. Willick ‘73 has joined the Los tive details that despite his exemplary ◆ Angeles office of Nossaman Guthner citizenship and civic involvement, in Governor Gray Davis appointed Los Knox & Elliott as a partner in the firm’s the aftermath of September 11, he, his Angeles Superior Court Judge health care practice. Daniel formerly 83-year-old mother, and his partner Laurence Rubin ‘71 as an associate served as general counsel to the became the target of hate messages and justice of the California Court of California Psychiatric Association, the 55 death threats. Appeal after eighteen years on the Southern California and Orange ◆ bench and nine years in private prac- County Psychiatric Societies and the Paul L. Basile, Jr. ‘71 is pleased to tice. Judge Rubin was a municipal Southern California Psychoanalytic announce the formation of Basile & court judge and then a Superior Court Institute. He also provided legal counsel Associates. The firm, with offices in judge in Santa Monica as a result of to a number of other non-profit medical Brentwood and Pasadena, offers tax trial court unification. professional societies and associations. and business planning advice, estate ◆ ◆ planning, organization and formation Joe W. Hilberman ‘73 has become a Terence Nunan ‘74 and a partner of business entities, contracts, and judge of the Los Angeles County specializing in estate planning at the services for nonprofit organizations. Superior Court. Judge Hilberman was Century City firm of Rutter, Hobbs & ◆ a veteran civil litigator with the firm of Davidoff, organized and moderated a Orange County Superior Court Judge Fonda, Hilberman & Fraser, which he program entitled “Meet the New Boss - Richard D. Fybel ‘71 has been named by founded in 1996. His practice empha- The Revocable Trust Accounting Rules.” Governor Gray Davis as an associate sized the defense of professional and The program was presented in justice of the California Court of personal liability claims and employ- September at the State Bar Convention Appeal, Fourth Appellate District, ment disputes on behalf of insurance in Anaheim and was repeated in Division Three. Judge Fybel served carriers, self-insured businesses, October at the Fall Program of the since last year in the North Justice universities, and healthcare providers. Estate Planning, Trust and Probate Law Center in Fullerton. He was a partner Judge Hilberman also developed a Section of the State Bar of California in with Morrison & Foerster before his mediation and arbitration practice as a San Francisco. appointment to the bench. neutral arbitrator and mediator. He has ◆ ◆ served on the Board of Trustees of the President Bush nominated and the Rudloff Wood & Barrows in Emeryville Santa Monica Bar Association and Senate has confirmed Percy Anderson has hired H. Stuart Kinder ‘71 as of chaired its Civil Litigation Committee. ‘75 for the position of U.S. District counsel. Stuart brings extensive trial He is a member of the American Board Court judge. Judge Anderson formerly experience in both state and federal of Trial Advocates and the National was a partner at Sonnenschein, Nath & courts to the insurance litigation firm. Association of College and University Rosenthal. ◆ Attorneys. Continues on page 56

UCLA LAW F ALL 2002 Alumni

The Orange County/Long Beach and is current president of the group’s fifth annual dinner and auction regional chapter of the Anti-Defamation Constitutional Rights Foundation. held at Santa Monica’s Fairmont League awarded Andrew Guilford ‘75 ◆ Miramar Hotel. its 2002 Jurisprudence Award. A partner Tom Epstein ‘76 has returned to the ◆ in Sheppard, Mullin, Richter & West Coast from Washington, DC to Lorna C. Greenhill ‘78 was awarded the Hampton’s Business Trial Practice assume the post of vice president of Women Lawyers of Long Beach “Lawyer group in Orange County, he served as public affairs for Blue Shield of of the Year” award of 2000-2001. President of the State Bar of California California. Based in San Francisco, Tom ◆ during the 1999-2000 term. This award is responsible for communications, Alex Johnson ‘78, formerly Vice Provost is the latest in a string of honors. He government relations and philanthro- and law professor at the University of was selected by the 2001 Orange py for the nonprofit health plan, the Virginia, recently began his two-year County Trial Lawyers Association as state’s third largest. term as chair of the Law School Orange County Business Trial Lawyer ◆ Admission Council’s Board of Trustees. of the Year, and in September 2001, he Gary (Gershon) Lewis ‘76 said he got He is assuming a new role as Dean of was selected by the Los Angeles Daily onto law review by writing an article the University of Minnesota Law School. Journal as one of California’s 100 Most about Jewish law and pursued it ◆ Influential Lawyers for the second time approximately ten years later by Don G. Rushing ‘78 is board certified as in his career. receiving Rabbinical Ordination by a trial advocate by the National Board ◆ Aish HaTorah College of Jewish of Trial Advocacy. Governor Gray Davis announced nine Studies in Jerusalem. He has continued ◆ appointees to the Los Angeles County with the college working on various The Arthritis Foundation, Southern 56 Superior Court. Among the appointees public relations and fundraising projects California Chapter, has named Lisa were three UCLA Law alumni: Martin including “one-to-one learning” on the Greer Quateman ‘78 chair of its board. L. Herscovitz ‘75, Marjorie S. Steinberg Internet site, aish.com, the largest Lisa is founder of Quateman & Zidell, ‘75 and Richard H. Kirschner ‘68. Jewish content site. You may reach a business law firm in Century City. ◆ Gary at [email protected]. ◆ Deputy District Attorney Martin L. ◆ Governor Gray Davis recently appointed Herscovitz ‘75 has been a prosecutor in Noted real estate attorneys Chris Special Assistant Attorney General, the Los Angeles County District Harding ‘77 and Ken Kutcher ‘83 of the David Francisco De Alba ‘79 to become Attorney’s Office since 1979 and law firm Harding, Larmore, Kutcher a Sacramento County Superior Court currently works out of the San & Kozal, were honored Thursday, judge. Judge De Alba went to work for Fernando courthouse. He formerly October 18, 2001 by the non-profit the state attorney general’s office headed the Antitrust Section and the Upward Bound House for their count- directly after graduation. Glendale and Malibu area offices. One less hours of pro-bono legal assistance. ◆ of his most recent high-profile cases “Chris and Ken have distinguished Governor Davis recently named was the prosecution of actor Robert themselves as dedicated and vital Elisabeth Sichel ‘79 a Riverside Downey Jr. for drug-related offenses. supporters of Upward Bound House County Superior Court judge. Judge ◆ by providing the bulk of the legal assis- Sichel had been a family law court For twenty-five years beginning in tance needed to build our Senior Villa commissioner since 1997. 1975, Marjorie S. Steinberg ‘75 was an and Family Place facilities in Santa associate and partner with the now- Monica,” said Andrew Duff Parker, shuttered local firm of Tuttle & Taylor, executive director of the community with a practice emphasizing real estate, group Upward Bound House. Chris secured transactions and bankruptcy and Ken worked to secure the necessary 1980s law. She took a leave in 1993 to work zoning changes, land use approvals for two years as a legislative assistant and subdivision maps for the two nsolvency expert Jeffrey Krause ‘80 for Senator Jeff Bingaman in Washington, projects that provide affordable housing is returning to Los Angeles bank- D.C. Judge Steinberg, who was editor- for ninety seniors and free transitional Iruptcy boutique Stutman, Treister & in-chief of the UCLA Law Review, has housing for forty-six homeless families Glatt after a two-year stint at Akin served as president of the Women with minor children. Upward Bound Gump Strauss Hauer & Feld. Lawyers’ Association of Los Angeles House honored both attorneys at the Continues on page 57

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Lori Weintraub ‘80 was promoted to reviews proposed positions of other Noted real estate attorneys Ken Executive Vice President at Vivendi association committees. He has served Kutcher ‘83 and Chris Harding ‘77 of Universal Net USA. Lori’s focus at VU as chairman for the association’s the law firm Harding, Larmore, Net USA will be on content aggrega- bulletin committee and editor-in-chief Kutcher & Kozal were honored tion and packaging for the Internet and of the association’s twice-monthly Thursday, October 18, 2001 by the Internet-connected devices, working publication on trademark news and non-profit Upward Bound House for closely with record labels, movie stu- developments in the law worldwide. their countless hours of pro-bono legal dios, and the rest of the creative com- John works with the San Francisco assistance. (Please see the 1970’s class munity. She also will continue to serve office’s practice group in trademark, notes for the full story.) as President of InsideSessions, a digital advertising and copyright. ◆ learning business that is a joint venture ◆ James Rogan ‘83 was sworn in as between the Universal Music Group Marjorie L. Fox ‘81 was listed in Worth Undersecretary of the U.S. Patent and and Penguin Putnam Inc. Lori began Magazine as part of its 2001 list of Trademark Office. After law school, her career as an entertainment attorney. America’s elite financial advisors. James was an associate with Los A motion picture production executive ◆ Angeles’ Lillick, McHose & Charles, for eight years, she served as Head of Chuck Tremper ‘81 joins Synchron which merged with what is now Production for the Guber-Peters Networks as Vice President and Pillsbury Winthrop. He then spent Entertainment Com-pany and Senior General Counsel. Chuck began working almost six years as a criminal prosecutor Vice President of Production for in the computer industry in 1976. Since in the Los Angeles County district MGM/UA. In 1990 she co-founded then he has held a variety of senior attorney’s office handling gang murder

Warner Vision Entertainment — a divi- administrative positions in several cases, and was appointed to a Southern 57 sion of the Warner Music Group — and fields. Chuck is a former law professor California municipal court judgeship as Head of Programming she helped to who has published guidebooks and in 1990. He was elected to the build it into one of the world’s most articles on privacy of computer data, California State Assembly in 1994, and successful non-theatrical video compa- corporate governance, personnel prac- to Congress in 1996. nies. She also created and served as tices and risk management. Before ◆ President and C.E.O. of Time Warner joining Synchron Networks he was Louis F. Gutierrez ‘84 has been appoint- AudioBooks, a joint venture between Senior V.P. and C.I.O. for a trade asso- ed to the post of Senior Vice President, Atlantic Records and Warner Books. ciation in Washington, D.C. Human Resources for Paramount Working in the Internet world since ◆ Pictures. In his new capacity, Louis 1999, she was part of the senior man- Ameristar Casinos, Inc. announced the will oversee all of the operations of agement team at both MP3.com and hiring of Peter C. Walsh ‘81 as Senior the company’s Human Resources Farmclub.com. Vice President and General Counsel. Department, including recruitment, ◆ He previously served as Vice President compensation, employee relations, Regina I. Covitt ‘81 has joined the firm and Assistant General Counsel for development and training, benefits, of Lerner & Miller as a partner, MGM MIRAGE and as Assistant workplace diversity and workers’ com- opening its Los Angeles office. Regina General Counsel for Mirage Resorts, pensation. had practiced with the firm of Incorporated. Peter’s legal practice ◆ O’Melveny & Myers. focuses primarily on securities, corpo- O’Melveny & Myers partner Mitch ◆ rate, commercial and real estate law. Menzer ‘84 was appointed as the John Crittenden ‘81, a partner at ◆ President of the Los Angeles City Cooley Godward’s San Francisco head- Dale A. Head ‘83 has been named Planning Commission. Mitch was quarters, has been appointed vice Executive Vice President and General appointed to the City Planning chairman of the International Counsel of Clear Channel Entertain- Commission in 2000 by then-Mayor Trademark Association issues and ment Worldwide, formerly SFX Richard Riordan and was asked to policy committee. The committee iden- Entertainment. Previously, Dale was remain on the Commission by Mayor tifies and analyzes major trends and Senior Assistant General Counsel for James K. Hahn this year. issues related to trademarks, recom- MAXXAM Inc., Kaiser Aluminum and mends association positions and The Pacific Lumber Company. Continues on page 58

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John M. Moscarino ‘85 has recently grant. Thereafter, with son Tony in tow been named managing partner of (now 2 1/2 years old), the double O’Neill, Lysaght & Sun in Santa s alumni family moved to Washington 1990 D.C. at the request of the Clinton Monica, California. ◆ Administration so that Mike could ChromaVision Medical Systems, Inc. eil Casey ‘90 was promoted to serve as Counsel to Attorney General has appointed senior healthcare execu- partner at the firm Orrick, Janet Reno and Deputy Attorney Eric S. Kentor ‘86 tive and advisor to NHerrington & Sutcliffe. Neil is a General Eric Holder. While in D.C., serve as a Director on the company’s member of Orrick’s Structured Finance Patti worked at Skadden Arps as Board of Directors. Eric is currently an Department in the New York Office. In Director of Human Resources. Now independent consultant providing addition to structured finance work, he back in Southern California, Patti advisory services primarily to health has experience in federal securities, has started Puente International care and biotechnology companies. municipal finance, and general corpo- Consulting, Inc, a full-service ◆ rate law. employment law and HR consult- Alexandra Mahaney ‘86 has been ◆ ing firm. (PuenteInternational.com.) named the leader of Brobeck, Phleger Jens B. Koepke ‘90 has joined the firm Meanwhile, Mike has joined the San & Harrison’s San Diego Intellectual of Greines, Martin, Stein & Richland. Diego office of Luce, Forward, Property Group. Brobeck’s San Diego ◆ Hamilton & Scripps as a partner. With IP Group has thirty-six attorneys Judy London ‘90 started helping immi- more than forty jury trials, his practice dedicated exclusively to intellectual grants seek asylum and other forms of focuses on general business litigation property issues, making it the largest legal relief as a first-year law-student and employment matters. He also pro- 58 such group in San Diego. Alexandra intern at Los Angeles’ Public Counsel. vides advice and counsel to U.S.-based has an extensive background in IP Fifteen years later, she has returned to businesses operating in Latin America. ◆ litigation including patent, trademark, head the nonprofit’s Immigrant Rights Rebecca Tsosie ‘90 trade secrets, and unfair competition Project. After law school, she spent , professor of law at cases. She recently co-authored the four years as a civil litigator and sen- Arizona State University, received a “Discovery and Privilege” chapter of tencing consultant before joining the 2002 Spirit of Excellence Award from Patent Litigation (Practicing Law Central American Resource Center in the American Bar Association Institute, pub.). 1994. Two years later, she became the Commission on Racial and Ethnic ◆ firm’s legal director. To bring about Diversity in the Profession. The Spirit After coming to the United States ten change on a larger scale, Judy has of Excellence Awards are presented years ago with her husband, Raffi, worked with members of Congress on annually to honor minority lawyers Armine Hovannisian ‘88, a corporate a national policy level, with special who demonstrate outstanding achieve- lawyer and mother of five, decided to focus on the legal status of Central ment, despite facing societal barriers to give back to her native Armenia. Her Americans. She also worked with the success, and for lawyers who have contribution of $1,000 a month staffs a Justice Department to develop reg- helped to create opportunities for townhouse in Yerevan’s Kond slum ulations for implementing the minority advancement in the profession. ◆ with a doctor, a teacher, a cook, and a Nicaraguan Adjustment and Central Governor Gray Davis appointed family social worker. The purpose of this pro- American Relief Act, aimed at helping law practitioner Katrina West ‘90 to fill gram is to assist sixteen of the area’s refugees of civil war. poorest children with medical care, a ◆ a new post on the San Bernardino County Superior Court. Judge West is a meal, childcare, and supervision in Michael Perez ‘90 and Patricia former vice president of the San their studies. Chavarria Perez ‘92 have returned to ◆ Bernardino County Barristers San Diego after four exciting years Association and former secretary for Nossaman, Guthner, Knox & Elliott has away from the Golden State. First, the African American Attorneys of the named Andrew Yamamoto ‘88 as while in Mexico City, Mike worked as Inland Empire Association. She was a equity partner. Andrew, who practices General Counsel to the U.S. Embassy partner with Covington & Crowe. She in the firm’s Los Angeles office, repre- and Patti headed up U.S. efforts to has served as a judge pro tempore and sents corporate and municipal clients support Mexico’s judicial reform Continues on page 59 in complex water rights litigation. efforts through an A.I.D. sponsored

UCLA LAW F ALL 2002 Alumni

mediator in family law cases in the San McCutchen, Doyle, Brown & Enersen Richter & Hampton as Special Counsel Bernardino Superior Court. announced that it has promoted in its Corporate Practice Group, where ◆ P. Scott Burton ‘94 to partner. Scott is an she will continue to develop her M&A, The Garden City Group, Inc., announced environmental and regulatory compli- securities and venture capital/emerg- the promotion of Neil L. Zola ‘90 to the ance practitioner who focuses on Clear ing growth practice. Previously, Brette newly created position of executive Air Act matters. practiced corporate law at O’Melveny vice president and chief operating offi- ◆ & Myers and Gibson, Dunn & Crutcher. cer. Neil previously held the title of Ken Button ‘94 has joined Insurance ◆ senior vice president and general coun- Technology Solutions, managing its Morrison & Foerster has elevated sel. An accomplished writer, Neil’s legal and business affairs. Ken joined Thomas Treffert ‘94 to partner in the byline has appeared in The New York ITS from O’Melveny & Myers, where San Francisco office, where he is a Law Journal and The Metropolitan he specialized in the general represen- litigator. Corporate Counsel. A sought-after pre- tation of emerging Internet and ◆ senter on class action issues, he also is technology companies. Previously, he Crosby, Heafey, Roach & May elevated a recipient of the Distinguished Legal represented a wide variety of corporate Thomas Yoo ‘94 to partner. Thomas is a Service Award sponsored by Corporate clients on legislative and regulatory product liability attorney who has Legal Times and Lexis-Nexis. matters while serving as a member of worked on unfair competition law ◆ the Federal Government Relations cases and commercial contract disputes. Richard Hasen ‘91 was profiled in the Practice Group in the Washington, D.C. ◆ California Law Business section of the office of Winston & Strawn. Meredith Blake ‘95 was the keynote Los Angeles Daily Journal as one of ◆ speaker and was honored in September “20 under 40” outstanding lawyers in Townsend and Townsend elevated by the Los Angeles Business Journal California. He recently co-wrote Election William Gallagher ‘94 to partner. with the “Women Who Make a 59 Law: Cases and Materials with Professor William works in the San Francisco Difference” Award. In January she was Daniel H. Lowenstein, helped launch office. awarded the Pathfinder Award by Election Law Journal, and authored an ◆ Women Lawyers Association of Los amicus brief for a current U.S. Supreme Hector Gallegos ‘94 has been promoted Angeles. Meredith is founder and exec- Court case. to partner at Morrison & Foerster in the utive director of Break the Cycle, a Los ◆ Los Angeles office as a patent litigator. Angeles based non-profit organization Vincent J. Badolato ‘93 has been elected ◆ that works proactively with youth to to partnership in the Washington office Tiffany Hedgpeth ‘94 was elevated to end abuse and violence in domestic of the firm Dechert. Vincent is a counsel status at McCutchen, Doyle, and dating relationships. She is pro- member of the firm’s financial services Brown & Enersen. filed in this issue of UCLA Law and securities litigation group. ◆ Magazine. ◆ Nossaman, Guthner, Knox & Elliott has ◆ Townsend and Townsend elevated named Marisa Moret ‘94 as equity part- Angela J. Reddock ‘95, recently was Jordan Trent Jones ‘93 to partner. ner. Marisa, who practices in the firm’s appointed to the Los Angeles City Jordan is in the Palo Alto office. San Francisco office, is a litigator and a Transportation Commission by Mayor ◆ member of the firm’s land use, envi- James Hahn. Angela’s appointment Leonard Segal ‘93 recently formed his ronmental and real estate practice. She was confirmed by the Los Angeles City own firm, Law Office of Leonard B. has served as commissioner of the San Council in January 2002. Angela is a Segal, P.A. Leonard practices in the Francisco Housing Authority and as a senior associate with the law firm area of labor and employment law. board member of the San Francisco Pryce Parker Hill, in downtown Los ◆ Planning and Urban Research Angeles where she practices in the area Don M. Wade ‘93 is pleased to Association. of employment and labor law and announce the formation of his law firm, ◆ government relations. Wade Osse Waldon, in New York City. Brobeck, Phleger & Harrison promoted ◆ ◆ Vicki Norton ‘94 to partner. Vicki, an IP Martin Barash ‘92 and Lisa Bossetti Morrison & Foerster has elevated lawyer, is in the firm’s San Diego office. Barash ‘96 welcomed into their family corporate attorney Stanley Yukevich ‘93 ◆ their first child, Michael Aaron Barash to its partnership ranks. Stanley works Brette Simon ‘94 recently joined the on April 4, 2002. in the Tokyo office. Los Angeles office of Sheppard, Mullin, Continues on page 60

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Caitlin R. Burgess ‘96 has opened a Carlos Rohrmann LL.M ‘99 completed Michael P. Judge ‘68, Public Defender new Silicon Valley start-up law firm, his doctorate from Berkeley, Boalt Hall of Los Angeles County announced the Burgess & Bereznak, which specializes and has returned to Brazil. appointment of Johnny Lai ‘01 to the posi- exclusively in intellectual property law, tion of Deputy Public Defender 1, with including patent prosecution, litigation the Law Offices of the Public Defender. and licensing, patent infringement ◆ analysis, trademark prosecution, and s Daniel Morales ‘01, has co-authored copyright issues. Before practicing 2000 with David Sahr, “New U.S. Money patent law, she conducted a successful lizabeth Bawden ‘00 recently Laundering Legislation,” in Banking & business development campaign for a published Here Today, Gone Financial Services, (Feb., 2002). Daniel company that produces high-end chip ETomorrow — Three Common is an associate with Homburger in design tools in the Silicon Valley, open- Mistakes Courts Make When Police Zurich and a visiting attorney with ing new offices in northern Virginia Lose or Destroy Evidence with Shaw Pittman. and Oxford, England. She also worked Apparent Exculpatory Value, (48 Clev. ◆ for a few years at the law firm of St. L. Rev. 335 (2000)). The Los Angeles office of Seattle’s Blakely, Sokoloff, Taylor & Zafman in ◆ Preston Gates & Ellis added first year Sunnyvale, California. G. William Carmany ‘00 and Lori Beth associate Peter D. Pham ‘01. Peter will ◆ Schoenberg were recently married in a practice several types of litigation, Caroline Morris ‘97 LLM, recently ceremony officiated by the Hon. Raul including intellectual property litiga- joined the law faculty of Victoria C. Rosado a San Diego Superior Court tion and administrative law. He has University of Wellington, New Zealand, judge, in Coronado, CA. William current- worked with the Legal Aid Foundation 60 as a lecturer (assistant professor) in ly works in private practice in San and the Budapest office of the New public law and feminist legal theory. Diego, California. Lori, a graduate of York-based Open Society Institute, a ◆ Amherst College and Georgetown grant-making organization. Seton Hunt ‘99 has joined Miller, Starr University Law Center, works as a ◆ & Regalia in Walnut Creek as an asso- federal public defender in San Diego. San Diego-based Luce Forward ciate in the firm’s construction practice ◆ Hamilton & Scripps has hired Jennifer group. Seton formerly was in the Sam Fortenbaugh ‘01 has joined the D. Schmied ‘01 is an associate. Menlo Park office of Los Angeles- firm of Pircher, Nichols & Meeks in the ◆ based Latham & Watkins; he practiced Los Angeles office as an associate in the Andre Quintero ‘01 was elected to the in general litigation. real estate department. Rio Hondo Community College ◆ ◆ District. This is the seat from which Scott Abrahamson ‘98 and Laura Jennifer E. Gould ‘01 has joined the Congresswoman Hilda Solis launched Reider ‘99 welcomed into their family firm of Folger Levin & Kahn as an asso- her political career. This District is their two daughters Sophia Reider ciate in its Los Angeles office. now the first all Latino elected board in Abrahamson and Talia Reider the state. Abrahamson in December 2001.

❖ In Memoriam ❖

Deborah Lee Arron ‘75 Leonard Victor Martin ‘52 Martin Joseph Schnitzer ‘52 Jason Baba ‘83 Kevin L. Mineo ‘73 Thomas Victor Siporin ‘68 Robert Joseph Blaylock ‘58 Donald Hugh Moore ‘71 William Francis Stewart ‘61 Donald Ray Bringgold ‘54 Terry Max Moshenko ‘67 Anne P. Toomer ‘54 Gertrude D. Chern ‘66 Ted Obrzut ‘74 Marshall Whitehead Vorkink ‘54 Leon C. Fan ‘97 John H. Roney ‘59 Jeffrey Wall ‘93 Jerold A. Krieger ‘68 Jack Myron Sattinger ‘53 Cheryle Mary White ‘86

UCLA LAW F ALL 2002 Alumni

OBITUARIES

Gertrude “Trudy” Chern ‘66, the first only a few months before her death Kidney said, “Leon’s spirit will live on woman to practice law in her home- when she was blind and in a wheel- for us, and never really go unless he is town of Santa Maria, California, died chair, and she still had that wonderful forgotten. We will not forget Leon.” To February 19 at the age of 82. She had joy of living. She will not soon be for- keep Leon’s spirit alive, his family has enjoyed a distinguished career and at gotten.” created an endowed scholarship in his the time of her death was working on a ❖ memory. Memorial contributions may project designed to protect consumers be directed to UCLA Foundation/Law from misleading contracts. Referring to The School of Law lost one of our own in memory of Leon Fan. the infamous “fine print” on many doc- this spring when Leon Fan ’97, hus- uments, she told UCLA Development band of Pei Pei Tan ’96, died May 1 ❖ Officer Alan Eyerly, “Consumers never after a very brief illness. He was 31. know what they’re signing,” she said, Leon had worked in the Information By Mike Brown ‘99 “I intend to bring an action stopping Systems department of the School of James Shankles ’00 of Columbia, that kind of contract.” Law as a student. Pei Pei is the office South Carolina, died in October from Before starting law school at age 43, manager for the UCLA Law Review. cancer. He was 31. James originally Trudy was a partner in a family retail Born and raised in Los Angeles, enrolled at UCLA Law with the class of furniture business. Following gradua- Leon graduated from Columbia 1999, but medical problems forced him tion from UCLA Law, Trudy worked University in 1992 with a degree in to leave school temporarily. Resilient for two years for California Rural Legal English. Following his law graduation and determined, he returned from his Assistance before open- he joined Maysville absence and graduated with the class ing her family practice in Productions and then Over the course of of 2000 and passed the July 2000 1968. She won two land- Kopelson Entertain- California Bar Exam. After graduation mark cases: one that her 36-year practice, ment. At the time of his he joined the Los Angeles law firm of established the right of death he was the Acqui- attorney Gertrude Pollak, Vida & Fisher, where he prac- an unmarried father to sition Vice President for 61 ticed until his health failed and he seek child custody or “Trudy” Chern was Threshold Entertain- returned home to South Carolina. visitation privileges; and ment, which honored guided by a passage A graduate of U.C. Berkeley and an the second allowing a his memory with a full- from Leviticus 19, avid Cal and UCLA fan, classmates divorcing wife to share page announcement in and friends described James as a loyal in her husband’s retire- memorized as a child Variety Magazine mourn- friend, who was selfless to a fault, with ment pension. She won ing his passing. for Yom Kippur: “You a great sense of humor. He is survived several professional and Some 300 family by his parents, Ernest Reed Shankles Jr. leadership awards, includ- have to give a true members, friends, and and Donna Thornton Shankles of ing being named Santa colleagues attended his and honest measure.” Columbia, South Carolina; sister Jodi; Barbara County’s “Woman memorial service on aunts and uncles: Karen and Roland of the Year” in 1991. Chern paraphrased: May 10, where he was Shankles, Jean and Charles Shankles, In 1997, she received remembered as a young, “There has to be and David Shankles. the UCLA Professional funny, and vibrant man Achievement Award. honesty in business who lived life to its Editor’s note: Trudy Chern estab- dealings.” fullest, enjoyed watch- James attended the Bar Swearing-In lished a charitable gift ing and making movies, Ceremony December 3, 2000, in the annuity to benefit the and was treasured by Grand Ballroom of UCLA’s Ackerman School of Law in 2001. She explained many. He was eulogized by his brother, Union. He became ill and was unable her commitment to the school as Jason; Diego Aldana, a friend from his to participate in the official ceremony. follows, “My training at law school college days; Joshua Wexler, a Recovering, but quite weak, he was added a big dimension to my interest colleague from Threshold; and Pei Pei, taken to the reception room following and my capabilities, and so I made who told of their simple, happy, friend- the event, where Professor Sklansky UCLA a significant beneficiary of filled life. and Dean Varat introduced him to the whatever financial success I [had].” “So, this is how we lived our lives Honorable Lourdes G. Baird ’76, Kim Trudy’s favorite UCLA Law profes- together,” Pei Pei said, “Leon and I had M. Wardlaw ’79 and Joan Dempsey sor, William Warren, had this to say of nothing left unsaid, we had nothing Klein ’55, who had just performed the her: “Trudy Chern was the kind of law left unresolved. We tried … to live in official ceremony for the balance of the student that teachers remember: she the moment, to be present, to live life class. The judges spoke to him private- was smart and voiced strong opinions, fully. We knew life is too short to be ly and graciously agreed to swear him informed by her experience in busi- unhappy, that health & happiness are in as he stay seated. Although still ill ness. But she had something more, far more important than money, a pres- and quite uncomfortable, James insist- which I can only describe as spirit, a tigious career, or a safe, secure job.” In ed on properly adjusting his tie and love of life and of her friends. I saw her officiating the service, Monsignor Liam standing for his induction to the bar.

UCLA LAW F ALL 2002 Alumni

Break the Cycle By: Meredith Blake ‘95

eep your eyes on the prize is tic violence and women’s reproductive something we hear a lot. As a rights. These experiences helped me K child assigned to watch the understand the power of my own voice PBS documentary series of the same on behalf of others who were voiceless. name about the Civil Rights Move- I learned that I had strengths in organ- ment, I learned early on that the prize izing and that my life-long entrepre- isn’t necessarily a tangible material neurial spirit could be put to the task of object, but rather the ability to create being a social entrepreneur in pursuit social change. of social justice. At that age I was not yet sure what Today I am the Founder and it was I wanted to change. I just knew Executive Director of Break the Cycle, a that it was possible. As I made my way nonprofit organization whose mission through school, I soon realized what it is to end domestic violence by working personnel to provide a safe environ- was I needed to do. In college, I recog- proactively with youth. Sometimes ment for our clients on their campuses. nized that in high school I had not rec- when I declare our mission people are Importantly, all of our services are ognized that I had been in an abusive surprised to hear me use the words provided completely free of charge. relationship. I’d known my relation- domestic violence and youth in the I launched Break the Cycle shortly ship wasn’t a good one—but I hadn’t same sentence. But an astounding 33 after graduating from UCLA School of 62 identified it as a larger social issue percent of teens report being in an abu- Law in 1995. We started providing experienced by young people in rela- sive dating relationship and millions of services in 1996 and recently celebrated tionships and homes across the coun- children each year experience violence our 6-year anniversary. From a first try and around the world. “Domestic in their homes. This is an issue that year budget of under $30,000, a staff of violence” and “dating violence” were cuts across all socio-economic lines, one, a board of three, and services terms I had never heard before. And races, and religions. It impacts boys as launched in my apartment, we’ve the more I learned about it — from well as girls and occurs in homes of all grown into a full-service, nationally books and classes to personal accounts types and in relationships of all kinds. recognized organization. Our budget from friends and students — I knew Violence is learned behavior and, with- this year is $750,000, supporting a full this was an issue that demanded out intervention, it will be passed from time staff of eleven (including four attention. one generation to the next. UCLA Law grads!) and a board of 14 My father is a lawyer. I grew up We, at Break the Cycle, are striving prominent and dedicated individuals. familiar with that environment. The each day to interrupt this cycle of And this year marks the second year of option to pursue activism and social violence and create opportunities for a three-year national expansion plan change through the law seemed like a safe and healthy relationships and where we are looking to add additional natural choice. So I made my way to homes for all young people. Our offices across the country. UCLA School of Law. And I was fortu- services are provided to young people I am very proud to be a public nate enough to find a faculty and men- throughout Los Angeles County interest attorney. And I am grateful to tors that supported my ideas and my between the ages of 12 and 22. We all those who supported me in this passion to make a difference. I fueled teach a law-based curriculum in the process along the way and joined me in this passion and increased my skills by schools, educating kids about their this incredible journey — the faculty at supplementing the traditional law rights and responsibilities under the UCLA School of Law, my friends and school curriculum with extracurricular law. And we provide this life saving colleagues in the profession, my family activities, volunteer work, summer information to over 10,000 kids in Los and, of course, the community that has jobs, and independent study tailored to Angeles County alone each and every so energetically rallied to support this public interest law. I joined the Public year. For those experiencing abuse, we organization and its mission. Together, Interest Law Foundation at UCLA, provide advice, counsel, and represen- we are able to keep our eyes on the worked at the ACLU and a public tation — from obtaining restraining prize. interest law firm, volunteered my time and protective orders to family law working on legislation, and published representation to simple but powerful For more information on Break the Cycle, law journal articles on issues of domes- advocacy like working with school visit www.break-the-cycle.org.

UCLA LAW F ALL 2002 Alumni

UCLA PERFORMING ARTS

To encourage UCLA Law alumni to Dance Series 1 AWOL Series (Artists Without Limits) return to campus to enjoy the wonderful Cullberg Ballet Fri, Oct 18 Steroid Maximus Thurs, Oct 17 performances that are offered, we have Sankai Juku Thurs & Fri, Oct 24-25 David Thomas: Disastrodrome! Sat, Feb 22 listed below the UCLA Performing Merce Cunningham Dance Company Fri, Tabla Beat Science Sat, March 8 Arts series schedule. UCLA Performing Jan 31 scanner: Alphaville Sat. March 15 Arts is widely recognized as the most Streb Fri, March 21 They Might Be Giants/Dave Eggers Thurs, significant presenter and producer of Nederlands Dans Theater II Sat & Sun, April 24 performing arts in Southern California April 12 — a reputation built on the rigorous Bach Series pursuit of artistic excellence and inno- Freud Dance Series Peter Serkin and Jaime Laredo Fri, March 14 vation. The coming season of UCLA Yin Mei Dance Thurs, Sept 19 Musica Angelica Sun, March 23 Live is a remarkable fusion of local and Salia Ni Seydou, Wed, Feb 5 Bach Collegium Japan Fri, April 4 global, ancient and new art forms that Big Dance Theater Thurs, Feb 27 together represent a program of stun- Rennie Harris Puremovement Wed, April 23 Piano Series ning breadth and depth — classical Louis Lortie Sun, Oct 13 music, contemporary performance, Classical Music Series Katia & Marielle Labeque Thurs, Jan 23 dance, jazz, world music, and theatre Peter Serkin and Jaime Laredo Sat, March 15 with an emphasis on interdisciplinary Lorraine Hunt Lieberson Wed, Oct 9 Krystian Zimerman Wed, April 23 collaboration. Orchestre National de Lyon Sun, Feb 2 Visit the UCLA Live website at Steve Reich Ensemble Sat, March 1 Jazz Series www.uclalive.com or call 310-825-2101 Bach Collegium Japan Sat, April 5 to request a season brochure or purchase Dave Holland Big Band Thurs, Oct 3 63 tickets. Chamber Music Series Pat Metheny Group Sat, Nov 16 Jacques Thibaud String Trio Sat, Nov 2 Bireli Legrene Thurs, March 13 Paris Piano Trio Sun, Nov 24 Herbie Hancock Quartet Wed, March 26 Sequenza Fri, Feb 28 Theater Festival Series 1 & 2 Pacifica Quartet Sat, March 8 Lipstick Traces Thurs, Sept 26 World Music Series Societas Raffaello Sanzio: Genesi Fri, Oct 4 Caetano Veloso Tues, Oct 29 Hashirigaki Thurs, Oct 10 Salif Keita Sat, Nov 2 Compagnie du Hanneton: The Junebug Afro-Cuban All Stars Thurs, Nov 14 Symphony Thurs, Oct 17 Buena Vista Social Club Tues, April 1 ZT Hollandia: Quick Lime Wed, Oct 23 Youssou N’Dour Thurs, May 1 Societas Raffaello Sanzio: Giulio Cesare Fri, Nov 1 Spoken Word Series The Wooster Group: To You, The Birdie! Sarah Vowell & David Rakoff Sat, Sept 28 Fri, Nov 8 Michael Chabon Sun, March 2 Woyzeck by Robert Wilson, Tom Waits, Billy Collins Sun, April 13 Kathleen Brennan Wed, Dec 4 David Sedaris Wed, April 30 Director’s Choice Series Family Series Kronos Quartet: Nuevo Fri, Sept 13 Cirque Eloize Sat, Sept 21 Hal Willner’s Halloween Show Thurs, Family Film Live! Organ Concert & Film: Oct 31 Buster Keaton Sat, Oct 5 Marie Brassard: Jimmy, creature de reve Campagnie du Hanneton: The Junebug Tues, Feb 11 Symphony Sat, Oct 19 Steve Reich & Beryl Korot: Three Tales Family Film Live! Organ Concert & Film: Thurs, Feb 27 Laurel & Hardy Sun, March 2 Robert Lepage: La Casa Azul Wed, May

UCLA LAW F ALL 2002 Alumni

Carole and Everett Meiners Plan Now for UCLA Law’s Future

64 CLA has long benefited from ment law with Parker, Milliken, benefits of designating certain Carole and Everett Meiners’ Clark, O’Hara & Samuelian since portions of our estate for charitable U leadership and involvement. 1965. The Meiners are committed to organizations.” Carole added, “By Carole still visits with her sorority their community as well. They both providing for charitable gifts in our sisters and other UCLA alumnae support the “Bridge to Germany” estate plan, Everett and I can choose several times each year on campus program that links Bel Air Presby- the charities to support rather than through programs sponsored by terian Church with a congregation paying that amount in estate taxes.” Las Doñas. Everett, a graduate of located in the town of Oderwitz in And so the Meiners, after pro- the class of 1964 who was president former East Germany. Since Carole viding for their daughters, Jennifer, of the law school’s Alumni spent five years living in Germany a Human Relations Coordinator at Association in 1988, has helped following her graduation from the Getty Museum, and Hillary, a “grow” the Annual Fund and UCLA, and then taught German for University of California, Santa encourages his classmates to donate several years, revitalizing the Barbara graduate and now an RN as well. “It’s a great return on our German church and the community working at the Hospital of the Good investment,” he explained. “We paid is a labor of love. Everett supports Samaritan, focused on their inter- a nominal amount for our law the Los Angeles Master Chorale as a ests and passions. “The Los Angeles school education, and we have good member of the Board of Directors, a Master Chorale was to be included,” careers to show for it. We all know post he has held since the early said Everett, “and the Bel Air that the State of California doesn’t 1980’s, providing advice on labor Presbyterian Church” added Carole, cover the costs of running the related issues. “together with the other interests School these days and that the School Carole and Everett are generous and commitments we’ve made in relies on support from alumni.” with their time and resources, but our lives.” Everett concluded, “That The Meiners are active profes- they are very practical as well. of course includes a percentage of sionals. Carole is a fashion consultant Everett explained, “Prior to a trip our planned charitable gifts for the for the Carlisle Collection, a line of we decided to put our affairs in UCLA School of Law.” exclusive women’s clothing. Everett order and focus on planning our has practiced labor and employ- estate. I knew the significant tax

UCLA LAW F ALL 2002