NONPROFIT ORG. SPRING 2011 U.S. POSTAGE IN THIS ISSUE SPRING 2011 421 Mondale Hall PAID Mary Robinson • Alumni Weekend • Summer CLE 229 19th Avenue South TWIN CITIES, MN Minneapolis, MN 55455 PERMIT NO. 90155 Perspectives M ARY R OBINSON • N EW F

* ACULTY > 692 alumni needed • A LUMNI W to hit 20% participation EEKEND • R OSENBAUM P APERS

• S That’s UMMER Copyrights, Contracts, WE ARE VERY CLOSE TO HITTING OUR RECORD SETTING GOAL OF 20%

CLE and All That Jazz ALUMNI GIVING PARTICIPATION. IF YOU HAVE NOT DONE SO, PLEASE Entertainment CONSIDER JOINING YOUR FRIENDS AND COLLEAGUES BY GIVING A GIFT TODAY IN SUPPORT OF OUR ALMA MATER AT WWW.GIVING.UMN.EDU/LAW. Law Thank You! Liza G. Ring (2011 National Chair, Partners in Excellence Annual Fund) www.law.umn.edu

*DONORS NEEDED AS OF 4/27/11 PARTNERS IN EXCELLENCE > Annual Fund Update

DEAN BOARD OF ADVISORS David Wippman The Honorable Paul H. Anderson (’68) The Honorable Russell A. ASSISTANT DEAN AND CHIEF OF STAFF Anderson (’68) Nora Klaphake Governor James J. Blanchard (’68) James L. Chosy (’89) DIRECTOR OF COMMUNICATIONS Jan M. Conlin (’88) Cynthia Huff William E. Drake (’66) Dear Friends and Fellow Alumni: David M. Eldred (’02) SENIOR EDITOR AND WRITER Kristine S. Erickson (’72) Corrine Charais Joseph M. Finley (’80) As my term as National Chair of the Partners in Excellence Annual Fund and the Law School’s fiscal Patrice A. Halbach (’80) year near a close, I want to thank so many of you who have already stepped forward and supported COMMUNICATIONS ASSISTANT Catharine F. Haukedahl (’79) the Law School this year. Your generosity makes a real difference in the lives of our students. Valerie Figlmiller Joan S. Humes (’90) At the beginning of this year, we set a goal of 20% giving participation for alumni, which would be Harvey F. Kaplan (’64) a first for the Law School. I’m pleased to report that we are very close to reaching that goal! DIRECTOR OF ADVANCEMENT David M. Kettner (’98) If just 692* more alumni like you and me contribute any amount before June 30, we will reach our Jean M. Sazevich David V. Lee (’70) target. Every gift counts! Jeannine L. Lee (’81) As we launch GENERATIONS. The Campaign for the University of Minnesota Law School, building ASSOCIATE DIRECTOR OF Marshall S. Lichty (’02) a larger community of supporters at all levels is a top priority, made even more urgent by the imminent ADVANCEMENT K. Thor Lundgren (’74) disappearance of almost all state funding. Joe Thiegs Ambassador Tom McDonald (’79) All gifts to the Partners in Excellence Annual Fund count toward the Campaign and directly impact The Honorable Peter A. Michalski (’71) our students while providing the Law School with the flexibility to respond to new opportunities as CONTRIBUTING WRITERS Rebecca Egge Moos (’77) they arise. Our hope is that by the end of the Campaign more than 30% of our alumni will give each Corrine Charais Richard G. Morgan (’84) year. Reaching 20% participation this year is an important first step toward this greater goal. Valerie Figlmiller Dennis L. T. Nguyen (’98) Bradley Hammer Patricia A. O’Gorman (’71) GIFTS OF ALL SIZES MAKE A DIFFERENCE AND ARE GREATLY APPRECIATED. Karen Hansen Paula K. Richey (’76) Perspectives is a general interest magazine published in Katherine Hedin The Honorable James M. the fall and spring of the academic year for the University For those of you who are able to make a larger investment, I am pleased to share a new opportuni- Joan S. Howland Rosenbaum (’69) of Minnesota Law School community of alumni, friends, ty to make your annual contribution go even further, thanks to a generous matching grant from the Cynthia Huff Joseph P. Sullivan (’67) and supporters. Letters to the editor or any other communi- Robina Foundation. James H. Binger ('41) created the Robina Foundation shortly before his death in Catherine Kedzuf Rachna B. Sullivan (’96) cation regarding content should be sent to Cynthia Huff 2004 to support major institutions in generating new ideas and transformative approaches to critical Todd Melby The Honorable John R. Tunheim (’80) ([email protected]), Director of Communications, social issues. Tyler Wiese Fordam Wara (’03) University of Minnesota Law School, 229 19th Avenue South, Annual fund donors who make a gift of $15,000 over three years ($5,000 per year) can help under- N225, Minneapolis, MN 55455. write a partial scholarship for a student for a three-year term. These gifts will be matched 1 to 1, with COVER ILLUSTRATION the additional $5,000 per year from the Robina Foundation also going to fund much-needed scholar- John Weber The University of Minnesota shall provide equal access to ships. To find out more about this opportunity to double the impact of your annual giving, please and opportunity in its programs, facilities, and employment contact the Office of Advancement by calling 612-626-8671 or e-mailing [email protected]. PHOTOGRAPHERS without regard to race, color, creed, religion, national origin, Please join me and many of your fellow alumni by making a contribution of any size before June Jayme Halbritter gender, age, marital status, disability, public assistance 30. Together, our support and participation make a difference. Thank you again for your generosity. Larry Marcus status, veteran status, sexual orientation, gender identity, Tony Nelson or gender expression. Sincerely, Tim Rummelhoff ©2011 by University of Minnesota Law School. DESIGNER Carr Creatives CORRECTION In the Class Notes section of the fall 2010 issue of Liza G. Ring (’85) GATEFOLD DESIGNER Perspectives, Sarah Peterson Stensrud was erroneously 2011 National Chair, Partners in Excellence Annual Fund Brian Amelang, BAMELANG Inc. listed in the Class of 2007. She graduated in 2005. P.S. To give quickly and easily online, go to www.giving.umn.edu/law.

*DONORS NEEDED AS OF 4/27/11 Building on Tradition to Secure our Future

espite the familiar story about his career in a patent office, Albert Einstein was a teacher. “The school,” he noted, “has always been the most important means of transferring the wealth of tradition from one generation to the next.” In that spirit, the Law School launches GENERATIONS. The Campaign for the University Dof Minnesota Law School. The campaign theme recognizes our school’s traditions of educating leaders and building on the past to pave the way for future generations. We formally kicked off the five-year public phase of the campaign on April 15 at the Spring Alumni Weekend reception. Under the leadership of co-chairs Elliot Kaplan (’61) and Bruce Mooty (’80), and with the generous support of the Robina Foundation (established by James Binger, class of 1941), we have already reached the half-way mark toward our $70 million campaign goal. Our campaign objectives, which are based on the strategic plan unanimously approved by the faculty last fall, aim at ensuring that we continue to attract the best students and provide them the best possible legal education. Our first campaign goal is to raise $30 million for student support, to ensure that today’s students have the same opportunities as the generations of students that preceded them. New DEAN DAVID WIPPMAN scholarships will help us recruit the most talented and committed students and help them start their careers without crippling debt. Internships, public service stipends, and post-J.D. fellow- ships will enable interested students to serve their communities while gaining invaluable work experience in what remains one of the most difficult job markets in recent memory. Our second campaign goal is to raise $20 million to advance a series of strategic initiatives intended to recruit outstanding new faculty and build on the Law School’s existing research strengths. We already have extraordinary concentrations of top scholars in business law, criminal justice, international and comparative law, and law, science and technology. We are highly regard- ed for our legal writing program, clinics, and research institutes. (The Robina Foundation recently gave us $8.75 million to establish a new Criminal Justice Institute.) Gifts to establish new chairs and support programmatic initiatives in our areas of strength will help us grow our faculty, enhance our reputation, and create new opportunities for students. In this vein, two outstanding new faculty members will join us this summer: Christopher Roberts, who recently completed a joint doctoral program in public policy and sociology, and Jessica Clarke, a former commercial and white-collar criminal defense lawyer and fellow at Columbia Law School. Our third campaign goal is to raise $20 million in core support and unrestricted giving. Gifts in these areas allow the Law School to respond to emerging needs and opportunities. We launched the GENERATIONS campaign in the midst of a recession confident in the support of our alumni and cognizant of an imminent sea change in the Law School’s financial model. Past generations of students were fortunate to attend the Law School when the cost of legal education was heavily subsidized by the State of Minnesota. But today’s students do not have that luxury. With state funding disappearing, the Law School, like other top public law schools, must move to financial self-sufficiency, and soon. We need your help: to achieve the ambitious goals we have set, to continue recruiting a diverse and first-rate faculty and student body, and to hand forward our traditions of excellence and leadership for generations to come.

David Wippman Dean and William S. Pattee Professor of Law

www.law.umn.edu Perspectives SPRING 2011 1 Contents

18 That’s EntertainmentEntertaiinment Law

Copyrights, Contracts, and All That Jazz by Karen Hansen Illustration by John Weber

2 Perspectives SPRING 2011 www.law.umn.edu 1 Dean’s Perspective Building on Tradition to Secure our Future 4 At the Law School 4 Class Action Settlement Supports Clinics’ Pro Bono Services 5 Child Advocacy Clinic’s Work Backed by Cy Pres Distribution 6 McGee Moot Court Competition Examines DOMA • Legal History Workshops and Related Events 7 Michael Grossberg: Ronald A. and Kristine S. Erickson Legal History Lecture • LSAT Prep Program Offered This Summer 10 8 Simon and Carr’s ‘Port-a-Court’ Keeps Things Moving in the

/Minneapolis St. Paul 2011 /Minneapolis St. Paul Star Tribune Courtroom • e>Community 9 NLRB Chairman Wilma Liebman Speaks at Law School 10 Law Library Named Recipient of the Papers of Judge James M. Rosenbaum (’69) 12 Law Library Offers New Comfy, Cozy Seating Area • Law School Hosts Third Summer Legal Institute 13 Mary Robinson Visits the Law School 14 Staff News 15 Gifts to GENERATIONS 24 Faculty Perspective 24 Faculty Awards, Grants, and News 28 Faculty Works in Progress 29 Daniel J. Gifford: Robins, Kaplan, Miller & Ciresi Professorship 31 of Law Reappointment Lecture • New Faculty Publications 30 Law School Remembers Late Faculty • Law School Pays Respects to Leo J. Raskind 31 Ann M. Burkhart: Curtis Bradbury Kellar Professorship of Law Reappointment Lecture • Public Law Workshops 32 New 2011 Faculty Members • Human Dignity and the Criminal Law Symposium 33 Faculty Profile: Stephen M. Simon (’71) 34 Student Perspective 34 Student Profiles 37 Happenings on Student Journals • Law Council Member Changes 38 Student News 39 39 WLSA Sponsors Service Events to Aid Community 40 Harry Torter Conquers Injustice in TORT Production • Pet Therapy Day 41 1L Volunteers Find Inspiration in El Paso 42 Alumni Perspective 42 Alumni Profiles 45 “A Night in Havana” Brings Out Spice in Alumni 46 Alumni News and Awards • Partners at Work 48 Annual Scholarship Dinner 49 32nd Annual Summer CLE Program 50 Class Notes 54 Spring Alumni Weekend 55 Alumni and Faculty Tributes 56 In Memoriam 48

www.law.umn.edu Perspectives SPRING 2011 3 > At the Law

Sandra Schulberg, producer of Schulberg/Waletzky restoration version of film “Nuremberg: Its Lesson for Today,” talks about Class of 2013 members Ryan Walsh, Anne Bautch, Tom Manewitz, continuing impact of Nuremberg Erica L’Huillier, and Paul Shneider at campaign kick-off reception, principles on international criminal GENERATIONS campaign co-chair Bruce Mooty (’80) Dorsey Foyer justice speaking at kick-off reception

Class Action Settlement Supports Clinics’ Pro Bono Services

> The Law School Clinics recently and Bader & Associates LLC of Denver Law School Clinics received a donation of nearly $41,100 also supported the plaintiff class.A set- as the result of a wage-and-hour class tlement of $54.25 million was reached action lawsuit that was settled in 2009. after seven years of litigation and a 10- Unclaimed funds related to the settle- week trial on liability, which resulted ment were distributed equally among in a verdict for the plaintiffs. five organizations proposed by counsel The Law School’s 23 clinics offer in the suit. Maslon Edelman Borman students opportunities to gain practical & Brand LLP, lead counsel for the experience by representing low- plaintiffs, recommended the Law income clients in court under the School Clinics. guidance of clinic faculty.The dona- Last fall, Dakota County District tion will offset clinic clients’ direct liti- Judge Robert R. King approved the gation costs. proposal for distribution following set- “We are proud to have played a key tlement of Braun v.Wal-Mart (Case No. role in bettering workers’ rights in 19-CO-01-9790), filed on behalf of Minnesota and in bettering the com- hourly wage earners (from September munity as a whole through the pro- 1998 to November 2008) who said posed distribution of the unclaimed they were not allowed time for meal settlement funds to organizations like and rest breaks and were not paid for the University of Minnesota Law all time worked. Clinics,” says Maslon partner Jonathan Schwebel, Goetz & Sieben PA also S. Parritz (’86).“I know the important participated at trial and, with Maslon, work the Law School clinics do for the made up a team of 16 lawyers and under-represented in our community legal assistants representing the plaintiff and the wonderful training they pro- class. Franklin D.Azar & Associates PC vide to law students.”

4 Perspectives SPRING 2011 www.law.umn.edu School

Vance K. Opperman (’69) poses question to Walter F. Mondale (’56) at forum on civility in law and public discourse based on Mondale’s recently Mary Robinson and Fionnuala Ní Aoláin Dean David Wippman and U of M President published book, The Good Fight: A Life in Liberal Politics at Horatio Ellsworth Kellar Distinguished Robert H. Bruininks at campaign kick-off Visitor Lecture reception, Dorsey Foyer

Child Advocacy Clinic’s Work Backed by Cy Pres Distribution

> The Law School’s Child Advocacy Deborah E. Powell Center for approval by Judge Kyle in March 2010. Clinic will receive $100,000 from Women’s Health, the Mayo Clinic’s Settlement class counsel were Lieff the residual funds of a $16.5 million endocrinology department, the Cabraser Heimann & Bernstein LLP settlement against the defendant in Sojourner Project, the Minnesota and Minneapolis-based Gustafson the class action suit Yarrington v. Solvay Women Lawyers Association, the Gluek PLLC. Pharmaceuticals (No. 09-CV-2261). Hennepin County and Ramsey Student attorneys in the Child Residual funds of $8.9 million will County Bar Association Foundations, Advocacy Clinic represent primarily be distributed among organizations and the Federal Bar Association’s grandmothers, aunts, and sisters peti- that have been agreed upon by plain- Minnesota Pro Se Project.All recipi- tioning for custody or adoption of tiffs and defendants, approved by the ents are to use the funds in research, young family members in cases where Court, and qualify as nonprofit under education, and other activities that the parents are unable or unwilling to federal law. benefit women. provide adequate care for these chil- The Child Advocacy Clinic is one The suit, filed in 2004 on behalf dren. Students also represent children of 16 educational, charitable, and health- of plaintiffs Judith Yarrington, et. al., alleged to be runaways in juvenile care centers named in the cy pres dis- and class members who purchased the court, the majority of whom are tribution of residual settlement funds hormone-replacement drug Estratest teenaged girls in need of protection or allocation signed by Judge Richard H. between March 1998 and October services due to unstable and difficult Kyle of the U.S. District Court for 2009, claimed that Solvay Pharma- home situations. the District of Minnesota on March 8, ceuticals violated state unfair competi- “This donation will allow our 2011.About 60% of the funds go to tion and false and deceptive advertising clinic to continue assisting women medical schools to support women’s laws in falsely marketing the drug as who are willing to come forward and health programs and 40% to organiza- FDA approved when it was still on the provide young children with a more tions promoting the welfare of women FDA’s unapproved list pending drug- stable family life than they might and children. efficacy studies. Plaintiffs and Solvay otherwise have,” says Professor Jean Other Minnesota groups receiving entered into a settlement agreement in Sanderson, a long-time instructor with funds are the University of Minnesota’s August 2009, which was granted final the Child Advocacy Clinic.

www.law.umn.edu Perspectives SPRING 2011 5 AT THE LAW SCHOOL

McGee Moot Court Competition Examines DOMA

> The 26th Amendment by impinging on School of Law Teams 1 and 2, annual William authority reserved to the states or the Campbell University School of Law E. McGee Equal Protection aspects of the Fifth Team 1, Brooklyn Law School, the National Amendment’s Due Process Clause. University of Wisconsin Law School Civil Rights Top honors went to Washington Team 2, the University of North Dakota Moot Court University in St. Louis School of Law School of Law Team 1,Washburn Competition Team 2, with team member Mikela University School of Law, and South was held at the Sutrina receiving an honorable men- Texas College of Law Team 1. Law School tion for her close finish in the Best The mission of the interscholastic on Feb. 24-26, Oral Advocate Overall category. appellate moot court competition, 2011, with 37 Second place went to Michigan State sponsored by the Law School, is to teams from 24 University College of Law, and promote interest, reflection, and dis- law schools Chicago-Kent College of Law finished course on civil rights law in the legal across the country taking part. third.The University of Wisconsin Law community and to provide opportuni- This year’s competition problem School Team 1 took fourth place, and ties for interested law students to was based on Gill, et al. v. Office of team member Samir Jaber was named develop the oral advocacy and writing Personal Management, 699 F.Supp.2d both Best Oral Advocate of the skills essential to being successful 374 (Mass. Dist. Ct. 2010) and Preliminary Rounds and Best Oral appellate practitioners. Professor Carl Commonwealth of Massachusetts v. United Advocate Overall. Campbell University M.Warren (’75) has been the advisor States Department of Health and Human School of Law Team 1 won Best Brief and overall competition supervisor for Services, 698 F.Supp.2d 234 (Mass. Dist. honors. 19 years. Ct. 2010).These cases focused on the Other teams that advanced to the More than 140 attorneys and definitions contained in the Defense of quarter-finals were Washington judges volunteered to judge the briefs Marriage Act (DOMA):“marriage” University in St. Louis School of Law and oral arguments at the competition. being “legal union of a man and a Team 1, University of Oklahoma To express its appreciation for their woman as husband and wife” and College of Law Team 2, Ohio State service, the Law School offered the “spouse” being a “person of the oppo- University Mortiz College of Law, and continuing legal and judicial education site sex who is a husband or wife.” Brigham Young University Law School. program,“I do. Oh no you didn’t! The Teams were asked to address whether Other teams that advanced to the Constitutionality of the Defense of these definitions violate the Tenth Round of 16 were Hamline University Marriage Act” on Jan. 28, 2011.

March 25 Assistant Professor Evan Roberts LEGAL 3 Xiangyu Hu HISTORY WORKSHOPS AND RELATED 7 Nicole Frisone 30 Professor Michael Grossberg EVENTS Spring 2011 >

The Legal History Workshops bring together scholars and students from the University of Chantel R. Rodriguez April Minnesota and around the world to foster 4 Associate Professor Susanna Blumenthal teaching and research in all areas and periods of legal history.

6 Perspectives SPRING 2011 www.law.umn.edu AT THE LAW SCHOOL

Ronald A. and Kristine S. Erickson Legal History Lecture

> The Ronald A. and Kristine S. By the 1920s, concerns had shifted Erickson Legal History lecture, “The noticeably, from society at large to Politics of Childhood: Law and Child afflicted families thought to need pro- Protection in Modern America,” was tection from their own disabled children. delivered on March 30, 2011, by Michael Grossberg described this period as one Grossberg, Sally M. Reahard Professor of of “drift,” characterized by subtle History, professor of law, and co-director changes that have a cumulative effect. of the Center on Law, Society, and “Fear receded and vocabulary shifted,” Culture at Indiana University. he explained. “Defective” and “feeble- Grossberg traced the evolution of the minded” were replaced with “handi- MIchael Grossberg public’s attitudes toward children and capped” and “mentally retarded,” and their protection, beginning in the late efforts were made to improve the insti- such as child labor, juvenile justice, 19th century, noting that making tutional care provided for such children. school reform, disabilities, and child changes has meant “renegotiating the In the last decades of the 20th cen- abuse. He has received numerous recog- relationship of children, parents, the tury, as the young increasingly came to nitions, including the American Historical state, and civil society.” He identified be regarded as rights-bearers and Association’s Littleton-Griswold Prize for three distinct periods in the politics of autonomous individuals, “retarded” chil- his book Governing the Hearth, and childhood. The first, which he called the dren were gradually recast as “intellectu- grants from such organizations as the “formative” era, began with the 1860s ally and developmentally disabled.” This Guggenheim Foundation and the case of Mary Ellen Wilson, found “transformative” era witnessed a civil National Endowment for the Humanities. bruised, malnourished, and confined to a rights movement toward de-institutional- Ronald A. (’60) and Kristine S. (’72) closet by her stepmother. Public reaction ization. The constant throughout child Erickson are long-standing supporters of led to creation of the nation’s first child- protection’s history has been reliance on the Law School and the University of protection agency in 1875 in New York. the law, Grossberg said. Law has been a Minnesota. Their philanthropic invest- But “child protection is a much larger tool of change, by criminalizing abuses ment in the Law School’s Program in issue than simply abuse,” Grossberg and by creating rights for children. Law and History supports the Ronald A. emphasized, describing efforts during Grossberg has written extensively in and Kristine S. Erickson Legal History this period to institutionalize disabled the field of legal history and is currently Lecture Series, named in recognition of children who were perceived to threaten working on a study of child protection in their leadership and generosity, and public health and safety. the United States that will assess issues other aspects of the program.

15 Visiting Professor Katherine Lemons LSAT PREP PROGRAM > OFFERED THIS SUMMER

22 Assistant Professor Elizabeth For the fourth year, the Law School is offering a program to help Beaumont students prepare for the Law School Admissions Test (LSAT). The class will meet once or occasionally twice a week from June 8 to Aug. 17, 2011. It will be limited to 25 students. The comprehensive workshop will cover all sections of the LSAT and the skills required to complete them. In addition, students will have the opportunity to hear relevant speakers. The program includes mentoring, assistance with applications and essays, and help with May other questions. Post-program follow-up also will be provided. 6 Associate Professor Keith A. Mayes The LSAT Prep Program is sponsored by the Law School Office of Admissions. For more information, contact Rachel J. Martínez, Associate Director of Admissions, at 612-626-1103 or [email protected].

www.law.umn.edu Perspectives SPRING 2011 7 AT THE LAW SCHOOL

Simon and Carr’s ‘Port-a-Court’ Keeps Things Moving in the Courtroom

other necessary devices, all consumer- at the bench between the judge and grade equipment they obtained in local the attorney.The system also can play electronics stores.The system can be music in the jury box to prevent the transported with a single presentation jury from hearing bench conferences. stand and set up in about 15 minutes by one person after limited training. Flushed with success In a standard courthouse with Simon and Carr have been working dozens of courtrooms, hardwiring all on their innovative, powerful creation of them with an evidence-presentation for several years.After considerable and bench-monitoring system is not research, they purchased and assembled > Many American courtrooms are economically feasible. But the Port-a- the consumer-friendly equipment making use of modern technology, Court can be easily moved from required to attain functionality equal to largely by hardwiring built-in micro- courtroom to courtroom as needed.“It a hardwired system. phones, cameras, computer screens, pro- can be taken anywhere and set up They have recently begun to jectors, and other key components.That extremely quickly,” says Simon.“It demonstrate and loan their Port-a- method can cost several hundred thou- minimizes the cost barriers and sched- Court to a few interested judges.Their sand dollars for just one courtroom. uling conflicts of courthouses with goal is to show how efficient and eco- Clinical Professor Stephen Simon (’71) hard-wired courtrooms.” nomical their wireless system is, not to and Educational Technology Manager The evidence-presentation compo- market it. Greg Carr have a better idea: a nent of the system uses document “We’re not in this to make money portable multimedia system they call cameras, computer screens, and projec- and sell our system,” says Simon.“We “Port-a-Court.” Completed last fall, tors to show documents and physical want to educate the courts and show the system is an efficient, compact, evidence. Judges and witnesses can pre- them that this system is very low cost, moveable electronic courtroom.And it view material before it is admitted into effective, flexible, and simple to use.” costs less than $7,000 to put together. evidence, and the system can limit If courts compare the Port-a-Court viewing to a few people or open it up with an expensive hardwired system, Electronics on wheels to the whole courtroom. they will find that “it achieves the same Simon and Carr’s Port-a-Court con- The bench conference monitoring end result,” Carr adds.“And you can’t sists of a document camera, an LCD component, using microphones and beat the price.” projector, two small video display receivers, allows the defendant and the screens, wireless microphones, and a few court reporter to hear the conversation By Valerie Figlmiller, communications assistant

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8 Perspectives SPRING 2011 www.law.umn.edu AT THE LAW SCHOOL

NLRB Chairman Wilma Liebman Speaks at Law School

stable employer-employee relation- bers of the NLRB, Liebman was ships. “I think it’s fair to say that the appointed by Presidents William J. statute did not keep up with all these Clinton and George W. Bush. President changes,” she said. In addition, the Barack Obama appointed her chairman NLRB has not always done enough to on his inauguration day. Before joining enforce the law in step with changing the NLRB in 1997, Liebman worked economic realities. Due to an increas- with the Federal Mediation and ingly politicized appointment process, Conciliation Service (FMCS), first as the agency has frequently lacked full special assistant to the director and a membership, she said, and at times has member of the Mediator Task Force on had members who lack the “will to the Future of FMCS, then as deputy make the statute meaningful.” director. She also has served as labor > On March 31, 2011, Wilma B. The United States is “presently at a counsel for the Bricklayers and Allied Liebman, chairman of the National record low rate of union density in the Craftsmen and for the International Labor Relations Board (NLRB), private sector, and income and wealth Brotherhood of Teamsters, and was an presented “Reviving American Labor inequality is at a record high since the NLRB staff attorney from 1974-80. Law” at the Law School.The NLRB 1920s,” Liebman said. In light of this She holds a B.A. from Barnard College was created in 1935 by the National growing economic inequality,“labor and a J.D. from George Washington Labor Relations Act during the Great law still matters.” Beyond economic University Law Center. Depression, and Liebman’s remarks to gains, unions have an important role in After the lecture, co-sponsored by the audience of students, professors, allowing employees to speak about the Law School and Fredrikson & and attorneys representing unions and their workplaces and in providing Byron, Liebman had lunch with stu- employers and their clients focused on access to workplace justice.To critics dent editors of the ABA Journal of the question of the agency’s current who, Liebman said, have called labor Labor & Employment Law and officers relevance. law “dead, dying, ossified, neutered,” of the Student Employment and Labor In tracking the rise and fall of she responded,“I’m not dead yet.” She Law Association.At her invitation, the organized labor over the NLRB’s his- outlined recent initiatives to make the journal is publishing a special sympo- tory, Liebman attributed its contempo- agency’s actions more transparent and sium issue on the work of the NLRB rary decline in part to such outside to invite greater public participation in to commemorate its 75th anniversary. causes as global competition, sophisti- policy making. cated employer resistance, and less One of the longest-serving mem- By Tyler Wiese (’11)

How to Join

1 > Make sure you have your Unique Alumni ID. If you have not received one or have misplaced it, please contact [email protected] or call Evan Johnson at (612) 625-6584 or Dinah Zebot at (612) 626-8671. 2 > Go to community.law.umn.edu. 3 > Follow the instructions for “First Time Users” and look up your name. 4 > When prompted, enter your Unique Alumni ID. 5 > Follow the remaining instructions to set up a secure password and begin updating your personal profile. Welcome to the Community!

www.law.umn.edu Perspectives SPRING 2011 9 AT THE LAW SCHOOL

Law Library Named Recipient of the Papers of Judge James M. Rosenbaum (’69)

Minnesota chapter, and is a member of the Board of Advisors of The Green Bag and one of its regular contributors. He has taught seminars for judges and lawyers in 20 countries worldwide and has written extensively on the intersec- tion of law, privacy, and technology. In addition to documenting these and other professional activities, the papers include correspondence, photographs, and media reports.The papers do not include the official records of the court. The papers reflect Judge Rosenbaum’s legendary wit, humor, and eloquence. His knowledge of politics, history, literature, and popular culture is evident throughout his correspondence and writing. Each /Minneapolis St. Paul 2011 /Minneapolis St. Paul Star Tribune of Judge Rosenbaum’s memoranda > The Honorable Judge James M. Rosenbaum’s vision and leadership recording the decisions and discussions Rosenbaum (Ret.) has designated the in designing the U.S. Courthouse in of the Judicial Conference include University of Minnesota Law Library Minneapolis.The Courthouse, which language that is in turn “commanding, as the recipient of his papers. Judge opened in 1997, set the national stan- demanding, withering and self- Rosenbaum served for 25 years as a dard for technologically sophisticated effacing,” terms used by David Phelps U.S. District Judge for the District of courtrooms. Numerous files include of the Star Tribune in describing the Minnesota.The papers document the information on Judge Rosenbaum’s Judge’s courtroom exchanges.2 While career of one of Minnesota’s most dis- oversight of case management, finances, the “short version” of each memo- tinguished jurists and are a significant security, personnel, and research and randum is strictly factual, the “long acquisition for the Law Library. information systems.Additional files version” allows Judge Rosenbaum The papers span the years 1985 relate to his support of changes to room to give rein to his quick wit. through 2010, beginning with Judge federal sentencing policies giving The long version of the Conference Rosenbaum’s nomination to the U.S. judges more discretion in sentencing meeting of Sept. 24, 2002, opens thus: District Court for the District of decisions—a view supported by the Minnesota by President Ronald Reagan U.S. Supreme Court in its 2005 ruling The District Judges began with break- in 1985 and closing with his retire- that the U.S. Sentencing Guidelines fast at the Supreme Court.The Chief ment from the bench in 2010. Judge were no longer mandatory but merely Justice’s summer break obviously Rosenbaum’s leadership as Chief Judge advisory.1 refreshed him. He was happy, chipper, of the District of Minnesota is particu- Judge Rosenbaum’s professional and rather funny. He asked several larly well-documented. Of special activities are documented in speeches, judges about local political races (while interest are the files covering his work lectures, and articles covering a wide seeming to have an excellent knowledge representing the Eighth Circuit at the range of topics, including comparative of each race). One judge asked me why Judicial Conference of the United law, constitutional law, judicial inde- Governor Ventura forswore another race. States and his work on its Executive pendence, intellectual property, patent I, of course, being entirely uninterested Committee.The Conference is the litigation and enforcement, securities, in politics, had no opinion. principal policy-making body with electronic discovery, and professional regard to the administration of the ethics.The papers cover his service as The memo continues for several U.S. courts; members of the Executive a member of the Judicial Board of pages, detailing for the reader the work Committee are appointed by the Advisors for the Sedona Conference, of the Conference,“if,” as Judge Chief Justice of the United States. a legal community think tank focusing Rosenbaum notes at one point,“any Judge Rosenbaum’s key role in the on antitrust law, complex litigation, readers can still breathe and take nour- Conference is documented in extensive and intellectual property rights. ishment as this too-long epistle trudges correspondence and in major reports. Judge Rosenbaum has served as its weary way forward.” The papers illuminate Judge President of the Federal Bar Association, Judge Rosenbaum received his

10 Perspectives SPRING 2011 www.law.umn.edu AT THE LAW SCHOOL

Memorandum, Judicial Conference of the U.S. Supreme Court, Sept. 11, 2001, Meeting B.A. from the University of Minnesota in 1966 and his J.D. from the Law School in 1969. He began his career in Judge Rosenbaum’s memorandum describing Leahy, Chair of the Senate Judiciary Chicago as a staff attorney for VISTA the meeting of the Judicial Conference at the Committee. This was Leahy’s first visit since and for the Leadership Council for U.S. Supreme Court on Sept. 11, 2001, captures the Democrats have assumed the Senate Metropolitan Communities. On his in a unique way a defining event in history. In leadership. My notes here reflect “WORLD return to Minnesota in 1972, he this particular memorandum, the Judge fre- TRADE CENTER.” The Chief Justice told us entered private practice, primarily as quently refers to his notes of the proceedings. that a second aircraft had apparently struck a trial lawyer. the other World Trade Center tower. He said He was appointed U.S.Attorney, The Conference meeting began, as always, the report was the aircraft had hit one side District of Minnesota, in 1981. Four at 8:30 a.m. with the District Judges’ break- of the building, and a ball of fire had years later he was appointed to the fast with the Chief Justice at the Supreme emerged from the other. U.S. District Court. In 2001, Judge Court… When breakfast was over, at about Rosenbaum was elevated to Chief 9:10 a.m., we adjourned to the Conference The memo goes on to outline Senator Leahy’s Judge of the U.S. District Court for session. Everything seemed normal. At that remarks on confirmation hearings, the public’s the District of Minnesota, a position time, it probably was. perception of the Judiciary, and other subjects. he held until 2008. He assumed senior We convened in the Supreme Court’s The memo continues: status in 2009 and stepped down from conference room. The Court’s building, as the bench in August 2010. He is now you know, is beautiful. The conference room We next heard from Representative associated with JAMS, a professional is huge, easily accommodating the rectan- Howard Coble. At this point, my notes organization specializing in complex gular table at which all 27 members of the read, “PENTAGON EXPLOSION.” Coble’s alternative dispute resolution. Conference sit. The Conference members comments were very brief, but we still The Judge James M. Rosenbaum are surrounded by Conference Committee didn’t understand why. Papers document Judge Rosenbaum’s chairs and senior Administrative Office staff. record of service on the federal bench This means the handsome 35-foot-ceilinged The memo then covers the remarks of Senator and his contributions to the broader room contains approximately 75 people. No Orrin Hatch, Senator Jeff Sessions, and Ralph legal community.As with the papers of U.S. Marshals are present. Mecham. The memo continues: all eminent jurists, Judge Rosenbaum’s The Chief Justice has a personal execu- papers shed light on the internal work tive assistant who is present at most of his At approximately 10:10 a.m. the Chief of the court and the process of judicial official functions. She spoke with him briefly Justice interrupted Mr. Mecham’s presenta- deliberation.They are an invaluable before we convened at 9:30 a.m. sharp. tion. The Chief suggested, in light of the source for biographical studies, and they The Chief Justice called the meeting to ongoing events, that perhaps we should enrich and inform the narrative history order and told us there were reports of an consider recessing the Conference until of the District Court. In addition, they aircraft striking New York’s World Trade 10:00 a.m. the next day. It was then that contribute to the broader study of legal Center. It seemed to be news of a horrible we walked out of the Supreme Court’s history, particularly the intersection of accident, but the Conference immediately majestic conference room into a world law and legal culture with American proceeded to our regular visits by govern- forever changed. government and public life. ment officials. It seems strange as I write this, that The Rosenbaum Papers will be we sat as we did, working, deliberating, housed in the Riesenfeld Rare Books The memo then summarizes the remarks of and hearing our presentations, when the Research Center, where they will be Congressman F. James Sensenbrenner. Judge world was exploding outside our doors. preserved for future generations of Rosenbaum ends this section with these words: We knew of the events, as I have related, scholars. Portions of the papers will be and at the times I have mentioned. But we open to researchers at a future date My notes here reflect: “VERY SHORT.” The didn’t have any television or commentary. after they have been inventoried and Congressman’s comments felt somehow The enormity of what was going on was cataloged. abbreviated and hurried. I had no idea why. outside the room. It’s amazing to think of The Chief Justice’s aide then came in to the difference between the world inside By Katherine Hedin, Rare Books & Special speak to him for a moment. that room, as opposed to the world beyond Collections Curator Our next guest was Senator Patrick its walls.

1 United States v. Booker, 543 U.S. 220 (2005) 2 David Phelps, “Judicial Opinions With Weight, Wit,” Star Tribune, June 22, 2008

www.law.umn.edu Perspectives SPRING 2011 11 AT THE LAW SCHOOL

Law Library Offers New Comfy, Cozy Seating Area

partnered in the fund-raising effort personal collection of legal materials to to ensure that new seating, lamps, begin a library in 1888, the Law and tables could be purchased. Dean Library has been a special place created Wippman authorized additional to support students as members of an funding for a total refurbishment intellectual and social community.As of the area, including new electrical the needs and preferences of students wiring and painting.A functional but have evolved, the library has developed drab study alcove has been transformed its services and facilities in response. into a welcoming, airy seating space. With today’s wireless network, students Piper Walters, the Law Library’s could study anywhere in Mondale former Document Delivery Assistant, Hall, but they are still drawn to the who holds an A.A.S. in interior design Law Library. It remains a welcoming Nadia Aboussir (’12) and Emma Phillips (’12) and a B.A. in art studio, designed the place, for concentration, conversation, space with an eye toward the study and collaboration in the community of habits of 21st century law students. their classmates. Rather than work in an enclosed The Law Library today is as busy as > Thanks to the generosity of the carrel, many of today’s students prefer ever, with 1Ls, 2Ls, 3Ls, law journal Law School Class of 2010, the Law to sink into a large comfy chair, a editors, moot court directors, and the Council, and Law School Dean David laptop on their knees, an iPod blaring proverbial “library moles” all staking Wippman, the Law Library now has in their ears, books piled on the chair’s out their favorite spots.The group an attractive, casual seating area where arms, and a world map spread at their study rooms are booked long in students can comfortably study, quietly feet.The students seem to particularly advance for joint classroom projects chat and, on occasion, surreptitiously like the new study area’s combination and clinic assignments.With the much- catnap. of individual chairs, a couch, and bistro appreciated support of students, Under the leadership of 2009-10 tables with stools.A study table from alumni, faculty, and staff, it will con- Law Council President Eugene Kim the Fraser Hall reading room was tinue to meet the changing needs of (’10) and Brianna Mooty (’10), the incorporated into the area’s design as a tomorrow’s students. Class of 2010 raised funds to create connection to the Law Library’s rich a “cozy and tranquil” seating area on and deep history. By Joan S. Howland, Roger F. Noreen the Library’s second floor as its class Ever since William S. Pattee, the Professor of Law and Associate Dean for gift.The Law Council generously Law School’s first dean, donated his Information and Technology

Law School Hosts Third Summer Legal Institute

> The Law School and Just the standardized tests, completing applica- Beginning Foundation (JTBF) are tions, and securing financial aid. hosting the Twin Cities Summer Legal Founded in 1992 in Chicago, the Institute for the third year this nonprofit JTBF works to nurture an April 17, 2011 summer, from June 20-24, 2011.The interest in the legal profession among five-day program is designed to intro- young people from underrepresented duce 9th through 11th grade students groups and to support their continued from diverse backgrounds to the legal advancement. It is dedicated to www.raceforjustice.org system and the careers it offers. improving the U.S. legal system, pre- The Summer Legal Institute is free serving and honoring the legacy of to students and consists of classroom minorities in the federal judiciary, and Nicollet Island lectures; exercises and instruction in increasing diversity in the federal courts critical thinking, writing, and oral and the legal profession.The program advocacy; guest speakers; and field trips has expanded into the Twin Cities, Thank you to our sponsors and all to local government offices, law firms, Detroit, Houston, Indianapolis, Seattle, those who participated in the 9th and corporations. Students also receive and Washington, D.C., and has devel- Annual Race for Justice to raise tools and guidance in preparing for oped to include externships, summer funds for the Loan Repayment college, including advice on taking internships, conferences, and law camps. Assistance Program.

12 Perspectives SPRING 2011 www.law.umn.edu AT THE LAW SCHOOL

Mary Robinson Visits the Law School

> Mary Robinson, the first woman President of Ireland (1990-97) and former U.N. High Commissioner for Human Rights (1997-2002), visited the Twin Cities on April 7 and 8, 2011. In a series of personal conversations, she shared her perspectives from a career of human rights advocacy with students, faculty, alumni, and the community. Robinson has worked for social change using the law as an academic (Trinity College law faculty 1968-90), Mary Robinson Mary Robinson and Samuel Heins (’72) at Horatio Ellsworth Kellar lecture legislator (Irish Senate 1969-89), and barrister (Irish Bar 1967-90). She is cur- rently president of the Mary Robinson has seen from climate changes, including important issues with huge implications.” Foundation—Climate Justice in Dublin, flooding and drought that are destroying The Horatio Ellsworth Kellar an international center for education and the “food security” of poor communities. Distinguished Visitors Program was leadership in securing justice for victims Her new organization considers climate established in 1996 by the late Curtis B. of climate change. Educated at the justice a human rights issue, she said, Kellar (’40) in memory of his father. In University of Dublin (Trinity College) and and is working to increase awareness keeping with Horatio Kellar’s many inter- King’s Inns Dublin, she won a fellowship and women’s leadership. ests, the interdisciplinary lecture series to Harvard Law School in 1967. In 2009, connects emerging issues in the law with she received the Presidential Medal of Horatio Ellsworth Kellar other disciplines. Curtis Kellar was asso- Freedom from President Barack Obama. Distinguished Visitor Lecture ciate general counsel of Mobil Oil Corp. Robinson had been to Minnesota Robinson also presented the Horatio and served on the Law School’s Alumni while U.N. High Commissioner and used Ellsworth Kellar Distinguished Visitors Association Board of Directors and its her visit to reconnect with members of lecture, “Law as an Instrument for Social Board of Visitors. the local nongovernmental human rights Change,” moderated by Samuel Heins community and to draw on the expertise (’72), a prominent international human Public Radio Interview of the Law School’s international, human rights supporter and co-founder of the On the Minnesota Public Radio rights, and environmental law faculty. Advocates for Human Rights. Midmorning interview and call-in pro- She described her early years as one gram, Robinson and Wippman were Great Conversation with Dean of only six women barristers in Ireland asked whether the International Criminal Wippman and her attempts to reform family plan- Court (ICC) should intervene in Libya. An audience of more than 400 listened ning law after being elected to the Irish Robinson said that the extreme threat to intently as international law expert and Senate. Failure of her proposed bill to civilians may necessitate protection but Law School Dean David Wippman inter- get a Senate reading and subsequent should not become a means to active viewed Robinson in a University of hostility toward her revealed the diffi- participation in the war. Regarding Minnesota College of Continuing culty of changing traditions and culture. freedom of speech, Wippman noted that Education “Great Conversation.” The “You have to do it from within,” she said, various countries interpret the term dif- series spotlights prominent University through education and consensus ferently based on history, experience, faculty and influential guests. Robinson building. As her role in international law and culture. “We live in an intercon- and Wippman drew on their long and developed, she found bodies such as the nected world,” Robinson added, and varied international legal experiences in European Court of Human Rights and America’s extreme protection of speech their conversation, “Human Rights the European Court of Justice to be can have large repercussions around Challenges of the 21st Century.” instruments of social justice. the world. As a young girl in Ireland, Robinson As a former U.S. student and resident, Today, human rights should ensure said, her lawyer grandfather taught her Robinson said she felt at home enough certain basics, Robinson said. Mothers the importance of law for assisting the to offer friendly criticisms. America has should not die in childbirth, 12-year-old poor and the voiceless. Wippman invited been a “beacon” for rights and free- girls should not be mothers, and infants her to reflect on today’s challenging doms, and other countries noticed when should not be so malnourished that they human rights issues in North Africa and those standards appeared to slip at remain stunted forever. Given proper and Arab states and controversies sur- Guantanamo Bay. She said she is both- renewable resources, Robinson said, rounding Guantanamo Bay. Robinson ered by the political polarization when “The poor will take themselves out of described the suffering and damage she the nation should be “getting on top of poverty.”

www.law.umn.edu Perspectives SPRING 2011 13 AT THE LAW SCHOOL

Staff News

NEW STAFF MEMBERS Laura Wiese Career Counselor joined the Career Vic Massaglia was Alia El Bakri Center on Jan. 3 elected president of joined the staff on as operations the Minnesota Jan. 18 as a faculty administrator. Legal Career administrative assis- She has worked Professionals tant from her at the Center since mid-2010, first as (MnLCP) city group, an organization employment as an a summer intern and then in a tempo- composed of law firms and law school interpreter and international press rary appointment. Now as a perma- career services. MnLCP promotes and release writer. She received a Fulbright nent, full-time staff member, she will builds the ongoing relationship Scholarship and completed a B.A. in provide support for judicial clerkships, between law schools and employers political science and Middle Eastern work-study positions, fellowships, and and provides educational opportunities studies at the University, and she has other administrative projects. She has a for its members. also studied Islamic law and Arabic lan- B.S. in human resources development Although an independent organiza- guage at the Sharia Academy of and business marketing education from tion, MnLCP draws its members America in New Brighton, Minn. the University, as well as several years largely from the National Association of experience working at Target Inc. of Legal Career Professionals (NALP), a nonprofit educational organization Morgan Gooch dedicated to career and professional joined the staff on ELECTIONS TO OFFICES development of law students, lawyers, Feb. 7 as a faculty and its membership. Massaglia has administrative served on NALP’s strategic planning assistant. She has a Khary Hornsby and conference committees and plays B.A. in sociology: (’05), Director of an active role in its Technology law, crime, and deviance from the International and Advisory Group. University and has been employed Graduate Programs, Massaglia also has recently become with the Hennepin County Probation was voted chair- the director of learning on the Department. elect of the Section executive board of the Minnesota on Graduate Programs for Non-U.S. Organization Development Network Lawyers at the 2011 annual meeting of (MNODN), a professional community Garrett Howe the Association of American Law committed to excellence in learning, joined the Facilities Schools (AALS) in San Francisco in growth, and innovation in the field of & Events Depart- January. He previously served as treas- organization development. Its aim is to ment in March as a urer of the Section. apply organization-development theory facilities & events The nonprofit AALS is composed and practice to integrate human and assistant, managing of 172 U.S. law schools dedicated to organizational systems and create sus- daily mail services, copiers, telephones, improving the legal profession through tainable change. MNODN offers pro- and lockers, and supporting facility and education. Its sections consist of mem- grams and special workshops on current event projects and initiatives. He has a bers with a common interest—in sub- and leading-edge topics, skill-building B.S. in criminology and a minor in ject matter and in other aspects of legal tools and techniques, resources, and psychology from the Duluth campus. education. It is the responsibility of the networking opportunities. section chair to determine the specific interests of members, direct section Meghan Schwartz activities and ensure their diversity and joined the staff on continuity, and promote communica- Dec. 20, 2010, as a tion and cooperation.Typical section Years-of-Service faculty administra- activities include compiling teaching Recognition tive assistant. She materials, providing mentoring pro- At a reception at TCF Stadium on May 3, was a student grams, and posting information on the 2011, 20 faculty and 16 staff members were worker in the Dean’s Office while AALS Web site. In addition, sections honored for 20 or more years, and 8 faculty completing her B.A. in English at the present programs at the AALS annual and 10 staff members for 10-19 years, of full- University. meeting. time continuous service to the Law School.

14 Perspectives SPRING 2011 www.law.umn.edu AT THE LAW SCHOOL

GIFTS TO

THE CAMPAIGN FOR THE UNIVERSITY OF MINNESOTA LAW SCHOOL

to the community.” ELLIOT AND ELOISE Melvin Mooty, who retired in 2004 from KAPLAN SCHOLARSHIP Gray Plant Mooty Mooty & Bennett, the FUND oldest, longest-standing law fi rm in Min- obins, Kaplan, Miller & neapolis, had a storied career at the fi rm. It Ciresi partner ELLIOT opened its doors in 1866, one year after the KAPLAN (’61) believes Civil War ended. Melvin joined the fi rm that “Th e loss of public in 1951, and during more than 50 years of R funding calls for all of us to step forward practice, he specialized in real estate and to do all we can to ensure that students can business law. aff ord the excellent legal education pro- He also was involved in many civic vided by the University of Minnesota Law MELVIN R. MOOTY organizations, including Rotary Interna- School.” Recently he and his wife, Eloise, SCHOLARSHIP FUND tional and the Courage Center, a nonprofi t took that step forward by establishing an Minneapolis-based rehabilitation center endowed scholarship fund, the Elliot and he Melvin Mooty family dedicated to helping people with dis- Eloise Kaplan Scholarship Fund. has deep connections to abilities. Melvin served as president of the Th is is the second scholarship fund the University and the Law Courage Center Board and director of the the Kaplans have established at the Law School. Melvin Mooty, his Courage Foundation. In 1987, Melvin and School. Th e fi rst was created in 2001 with wife, Sally Mooty, son Paul Mooty, and Sally created the Mooty Scholarship for a preference to support students of color. daughter Mary Mooty Kileen all studied at People with Disabilities at Courage Center. Th eir new fund will provide signifi cant the maroon and gold. MELVIN (’51) and “Helping others is something that’s always PAUL (’85) focused on law, Sally on public been important to my parents,” Paul says. education (B.A. ’56), and Mary on business His father, Paul adds, “is dedicated to (M.B.A. ’94). the highest personal and professional ethics Th is spring, the family announced and to the strong belief in the need to give creation of a fund at the Law School to generously to the community.” Th e Mooty provide fi nancial assistance to students family’s generosity and community spirit with academic promise, demonstrated lead- are exemplifi ed in the Melvin R. Mooty ership skills, and a passion for community Scholarship Fund, made possible by gifts service: the Melvin R. Mooty Scholarship from Melvin and Sally Mooty, Paul Mooty, Fund. “My Dad was blessed with a long Mary Mooty Kileen, the Melvin R. Mooty and distinguished legal career,” Paul says. & Sally R. Mooty Family Foundation, “Giving back to his alma mater by provid- the Gray Plant Mooty Mooty & Ben- ing scholarships is completely consistent nett Foundation, and the John W. Mooty with his desire to help others and give back Foundation. www.law.umn.edu Perspectives SPRING 2011 15 AT THE LAW SCHOOL

fi nancial support for students who dem- Ron is also chairman and chief execu- Law School graduates are practicing law, onstrate strong academic potential and tive offi cer at Holiday Companies, a fi rm working in a governmental or public policy a commitment to service. Th e new fund that operates 450 gasoline and convenience role, or fully engaged in business, it is qualifi es for the President’s Scholarship stores, and serves on the boards of Gander vitally important that they develop critical Match program, ensuring that the Univer- Mountain and other companies. Kris is a analytical skills.” sity will provide an annual 1:1 match on former partner at Lindquist & Vennum Ron and Kris also believe it’s vitally the income of the fund. who turned her attention to volunteer important to give back to an institution Currently serving as co-chair of the Law eff orts, serving on the boards of a Planned that gave them so much. “We’re grateful for School’s fundraising campaign, GEN- Parenthood affi liate, the Blake School, the education we received from the Law ERATIONS, Kaplan also chaired the last Lawrence University, and the Minnesota School and we want to help during a criti- campaign in 2000, which raised more than Women’s Economic Roundtable. She also cal time in the school’s history,” Kris says. $50 million to support construction of a chairs the Law School’s Board of Advisors new building wing and various faculty and and is a member of the campaign cabinet. ROBINA FOUNDATION student priorities at the time. SUPPORT FOR NEW “Eloise and I have always been com- INSTITUTE AND mitted to giving back to the community SCHOLARSHIPS and the institutions that have positively “Th e Law School has he Law School recently impacted our lives,” Kaplan says. “Th e Law received one of the largest School has charted an exciting new course charted an exciting new gifts in its history: a grant for its future, and we are thrilled to be able of $8.75 million from the to support students in a meaningful way.” course for its future, and T Robina Foundation. Th e grant will be used we are thrilled to be able RONALD AND KRISTINE to support creation of a Criminal Justice ERICKSON BUSINESS to support students in a Institute and to advance the Law School’s PROGRAM GIFT goal of addressing students’ fi nancial meaningful way.” burden. ot every Law School Th e Criminal Justice Institute, the first graduate is a practicing —ELLIOT KAPLAN of its kind in the nation, will advance attorney. Some prefer to cutting-edge research and address key pub- enter the business world. lic policy issues, building on the strengths N Both say a Law School education is a Th at’s the case with RONALD (’60) and of the Law School in the criminal justice huge asset in the business world. Issues KRISTINE ERICKSON (’72), a couple fi eld. It will bring leading U.S. and interna- with legal ramifi cations pop up frequently. who are partners in the private investment tional criminal law scholars to Minnesota “Just about everything we do is touched by fi rm of Queenwood Capital Partners. to engage in empirically grounded, theo- the law,” Kris says. “Th ere’s an entrepreneurial DNA that runs retically informed research and will foster Th at’s one reason the pair have made a through this family,” Kris says. systematic, critical, interdisciplinary study major donation to the Law School. Th eir of criminal law. Th e Institute will serve as gift will center on enhancing the curricu- a hub for conversations about the future of lum to include a greater focus on market- criminal law in the United States and mul- based principles and entrepreneurial think- tiple other jurisdictions. Its establishment ing. “We hope to increase partnerships will substantially enrich the intellectual with the Carlson School of Management,” life of the Law School, bring opportuni- Kris says. “Plus many FORTUNE 500 ties to students, deepen the curriculum, companies are based here. Th ere are just a and enhance the school’s reputation in the lot of extraordinary opportunities we can criminal justice arena. tap into.” Th e Robina gift also will support student Th e details of those opportunities haven’t scholarship awards and will be available as been fi nalized, but among the possibili- matching funds for charitable gifts received ties are corporate externships and other from other donors. Th e Robina Foundation experiential learning. Says Kris, “Whether

16 Perspectives SPRING 2011 www.law.umn.edu AT THE LAW SCHOOL

will match donors’ scholarship gifts at two companies. In 1984, levels: $60,000 payable over three years his then law fi rm, to provide full scholarships, and $15,000 Wright, West & payable over three years to provide partial Diessner, merged scholarships. with Fredrikson Th e Robina Foundation’s gift builds on & Byron. King its earlier gifts totaling more than $8 mil- served for a number lion. Robina grants jump-started the Law of years as chair- School’s Program on Law, Public Policy, man at Fredrikson and Society and continue to enhance its & Byron, which now innovative public policy research and the employs more than curriculum reform that is making the Law 230 attorneys. School a national model. James H. Binger About one-third of (’41) created the Robina Foundation the attorneys hired shortly before his death in 2004 to support by the fi rm are Law Minnesota Legislature. In fact, state fund- major institutions in generating new ideas School graduates. ing is fast disappearing. So Mitau and and transformative approaches to criti- Th e Law School has Birkeland made a generous contribution cal social issues. Th e Law School, Abbott a great dean, faculty, and to the Law School’s GENERATIONS Northwestern Hospital in Minneapolis, students, King notes, but campaign. “In light of the pressing fi nancial the Council on Foreign Relations, and Yale teaching young people to urgency, we thought it was best to make an University received major Robina funding be skilled lawyers is very unrestricted gift,” Mitau says. for their forward-thinking projects. expensive, and the school Th eir unrestricted gift will help make it no longer can rely on the possible for the Law School to attract top UNRESTRICTED GIFTS TO Minnesota Legislature to talent, minimize tuition hikes, and off er THE GENERATIONS pick up any of the costs. generous grants to promising students. “We CAMPAIGN “Th e Law School’s continued want the Law School to continue to be one excellence depends on all of us,” EE MITAU (’72) and of the best in the country,” Birkeland says. he says. “Fredrikson & Byron KARIN BIRKELAND Mitau, a member of the GENERATIONS (’87) have enjoyed successful campaign cabinet, adds, “We’re very grate- Lcareers since graduating, Mi- ful to the Law School. We want to help en- tau as executive vice president and general sure that future generations have the same counsel at U.S. Bancorp for the past 16 opportunities we did.” years and Birkeland with Faegre & Benson and the University of Minnesota’s general OM KING (’65) was one counsel offi ce before turning her attention of the Gophers who carried to family matters and volunteering. “We Coach Murray Warmath off both owe our careers and good fortune Tthe fi eld after Minnesota to the legal education we received at the trounced UCLA in the 1962 Rose Bowl. University of Minnesota,” says Mitau. Nearly 50 years later, King is putting his He remembers graduating from the Law shoulder to another University endeavor. School with just a few student loans. “It He has pledged a multi-year unrestricted wasn’t much,” he says. “Maybe $8,000 in gift to the GENERATIONS campaign living expenses.” Birkeland, who is married at the Law School. “Th e Law School and its Law School alums have always been to Mitau, graduated debt-free thanks to means a great deal to me and to my law signifi cant contributors to the Law School, part-time jobs and grants. fi rm,” King says. and they will continue to be.” Until recently, the couple was under the After graduation, King began his career mistaken impression that the Law School at a small Minneapolis law fi rm where receives the bulk of its funding from the he represented numerous medical device

www.law.umn.edu Perspectives SPRING 2011 17 “The essence of entertainment law is IP oriented. You have to love the protection, exploitation, and enforcement of your rights around intellectual property to be effective.” —Debra Baker, Interactive Entertainment

18 Perspectives SPRING 2011 www.law.umn.edu That’s Entertainment Law

COP

BY KAREN K. HANSEN

One walked the red carpet with Mike Character roles Tyson at the Cannes Film Festival. Another was Entertainment attorneys can be found doing transactional recruited by Yo Yo Ma and Isaac Stern to work and litigation work, as in-house counsel and as solo and with the Boston Symphony Orchestra. A third big-firm practitioners.They deliver the usual lines about extracted Daryl Hall’s master recordings from employment law and intellectual property, along with dia- logue about contracts, clips, and government clearances. assets being held in the Tom Petters receivership. Debra Baker (’84) and Jay Kinn (’90) at Warner Bros. Say “entertainment law” and many people envi- and Linda Benjamin (’90) at Relativity Media are in-house sion wheeler-dealer attorneys to the stars. counsel.While Baker, for example, does negotiate with celebrities, she rarely has the opportunity to develop rela- In reality, entertainment attorneys play a far tionships with them because they have their own agents greater variety of roles than the stereotype por- and attorneys. When entertainment corporations need more special- trays. In a world moving faster than a hip-hop ists or just more hands on deck, they engage outside beat, attorneys, artists, and unions are facing a counsel, like Ben Mulcahy (’94) at Sheppard, Mullin, stream of new technologies and dealing with Richter & Hampton in New York. His clients are the legal teams at studios, networks, and independent production rights and compensation issues unimagined just companies.“Historically you had to pick the studio side or a few years ago. This article turns the spotlight on the talent side,” he clarifies. alumni who are dealing creatively with leading- On the talent side,Tim Matson (’91) at Lommen,Abdo, Cole, King & Stageberg in Minneapolis does get close to edge issues in entertainment law. real and wannabe stars.“I’m the advocate for the creative,” he says.“A lot of my role is helping with opportunities.” Twin Cities Musicians Union President Brad Eggen serves work-a-day artists who face contract conundrums and career challenges, and Mark Volpe (’83) at the Boston Symphony Orchestra is among those who combine their Photo Illustration: John Weber Illustration: Photo legal skills with passion for an art form as they lead complex cultural enterprises.

www.law.umn.edu Perspectives SPRING 2011 19 That’s Entertainment Law

“Artists are not trained in complex contract law. They just want to Protecting the content make music. They need not just any “The Internet changed everything because it changed how lawyer but someone who under- music is distributed and money is collected,” Matson says. stands the nomenclature and Given the developments in mobile technology and online industry customs.” —Timothy Matson, storage of audio and video, Mulcahy observes,“Content is with you everywhere.The law that is triggered by these Lommen, Abdo, Cole, King & Stageberg new technologies is having to play catch-up.” The law has been playing catch-up since at least 2001, when the Ninth Circuit Federal Court of Appeals hit the off button on Napster’s music file-sharing. But the legacy of the free-sharing 1990s lives on in consumers’ expecta- All the players are an essential, if backstage, part of the tions of immediate, free access to entertainment content. cast that brings arts and entertainment to stage and screen, For creators, producers, and distributors, the result is a legal homes and headphones.As Matson says,“It’s never about and economic Rubik’s Cube: satisfy savvy consumers, pro- the lawyer. It’s always about the artist.” tect intellectual property, preserve consumers’ privacy, and stay in business. Baker considers Warner Bros.’ intellectual property, the creativity behind such games as Harry Potter, Batman, and Protecting “the talent” LEGO, its most valuable asset. On the music side,Volpe finds it harder and harder to protect intellectual property When Benjamin was managing bands, she worked to make from piracy. Soon after the Boston Symphony Orchestra artists “feel confident that their business issues were being won a 2010 Grammy Award for its recording of “Daphnis handled so they could do what they do best: create and et Chloé,” ten sites were offering pirated copies.“We have perform.”That included providing concise advice, clear the rights, but they’re not enforceable,”Volpe says. choices, and the big-picture perspective. “If you can’t find the person who is breaking the law Matson also takes a whole-career approach.“The goal and don’t have effective means of stopping it, then the law is not to do the contract and be done,” he says.“The goal is useless,” Benjamin explains.“The entertainment industry is to be part of the team.”An artist’s team is typically com- needs to work hand in hand with technology to educate posed of a manager who looks for opportunities, a man- consumers as to the importance of IP protection and how ager who handles the business issues, and a lawyer who it benefits them in the long run, as opposed to their imme- negotiates deals and litigates issues. diate desire for a free download.” Matson explains:“Artists are not trained in complex Kinn sees the goal as providing entertainment to con- contract law.They just want to make music.They need not sumers at a reasonable price so they become used to just any lawyer but someone who understands the nomen- obtaining it through legitimate channels.“It’s only by clature and industry customs.” Eggen’s union members being able to sell the product that we can continue to need an advocate, too, just as celebrities do, to advise and create it,” he concludes. walk them through problems. “In my business,” says Baker, whose division creates games based on Warner Bros.’ properties,“the real talent is people who actually design the games. If you don’t have Protecting privacy that creative genius, you don’t get a product that’s amazing.” Her goal is to find ways within Warner Bros.’ Privacy issues are an integral part of entertainment law. legal constraints to provide creators with what they need While downloading entertainment, consumers are essen- in order to do what they do. tially uploading their personal and financial information.

20 Perspectives SPRING 2011 www.law.umn.edu That’s Entertainment Law

THE CAST

 DEBRA BAKER (’84), Senior Vice President, Business Operations, Warner Bros. Interactive Entertainment, Los Angeles  TIMOTHY MATSON (’91), partner, Lommen, Abdo, Cole, Bakere w orked as a makeup artist and arbitrator while taking a Kingg & Stageberrg, Minneapolis breakeaak fr om litigating. Four months into a temp job, she was made A specialist in entertainment and intellectual property law, both genergeneeral c ounsel of a W arner Bros. division. Now in its Interactive transactions and litigation, Matson also practices in information Entertainmente division, she oversees marketing, public relations, technology. He represents musicians, filmmakers, media talent, businesbusiinessdes development, and first-party operations. She also led a writers, and visual artists, as well as technology and creative-con- teamm that de veloped a multi-player game for youth centers in tent businesses. You’d recognize the names of his clients. Nairrobi.  WILLIAM MCGEVERAN (J.D.Ne. NewYw York Univ ersity),  LINDA BENJAMIN (’90), Executive Vice President, Business AssociatsoociatePre Professsor, University of Minnesota Law School and Legal Affairs, Relativity Media, Los Angeles McGeveran teaches privacy, intellectual property, and Internet law, As ana under graduate, Benjamin was an instrumentalist and a com- and civil procedure. He is currently researching digital identity poserposeer.Anent. An entertainment lawyer initially representing music and and data privacy, with a focus on trademark law and new tech- sportssporrts talent, she later went in-house at Intermedia Film, a client’s nology. film production c ompany, and rose to chief operating officer. At  Relativity she handles film financing, distribution, music, and BENJAMIN MULCAHY (’94), partner, Sheppard, Mullin, acquisitions. RichtRichhter & Hampton, New York A former litigator for a powerhouse entertainment firm in Los  BRAD EGGEN (M.A. Humphrey Institute; J.D. William Angeles and a former prosecutor for the city, Mulcahy was in vited Mitchell), general litigator, President of the T win Cities Musicians to start an advertising-related practice and opened Sheppard, Union, Minneapolis Mullin’s New York office six years ago. In his entertainment, media, Eggen put himself through college playing trumpet. After prac- and technology practice, he focuses on development and distri- ticing with large firms, he is now in solo practice. Among his most bution, entertainment and sports advertising, and TV and film. interesting cases: violin fraud and dental work that ended a trum-  peter’s playing career. MARK VOLPE (’83), Managing Director, Boston Symphony Orcheschhestra  JAY KINN (’90), VicePre President, Business&Ls & Legaleg Affairs, Volpe is a professional clarinetist turned lawyer. He managed Warner Br os. Home Ent ertainment, Los Angeles Baltimore, Minnesota, and Detroit orchestras before taking the Kinn worked in Los Angeles real estate finance law and now man- helm of the largest orchestra operation in the country, overseeing ages business affairs for home entertainment distribution of the property management, recording contracts, and more employ- world’s largest library of classic films. He serves on technology ment law than you can wave a baton at. standards-setting bodies, supervises distribution rights acquisi- tions, and handles manufacturing and supply chain agreements.

And many entertainment marketers subsidize downloads Innovate or die with advertising revenue.“Online and mobile media allow advertisers to target their ads in a way that’s a lot more pre- Technology changes so rapidly, entertainment attorneys’ cise than any other media has ever offered.A lot of tech- work resembles “The French Connection” more than it nology behind the scenes collects information,” Mulcahy does “Perry Mason.” Benjamin comments that explains. “Technology has been one, two, three, sometimes ten steps “You have to be aware of privacy laws about what you ahead of the law.” Mulcahy agrees:“It’s not surprising to can collect, use, and share, especially with minors,” cautions read something in the morning that changes something Kinn.“Certain territories and parts of Europe have even you do later that day.” In today’s world of entertainment, stronger privacy protection laws. It will be interesting to falling behind is not an option.“If you don’t keep up, you see how the law addresses the perceived problems without will not have a job,” says Matson. disrupting the robust growth and consumers’ expectations.” To keep up, entertainment attorneys use high-tech and

www.law.umn.edu Perspectives SPRING 2011 21 That’s Entertainment Law

Boston Symphony’s partners have in-person means: scouring online advance sheets and trade long included the likes of Deutsche publications, exchanging information with colleagues, Grammophon and Sony/DMG. Now attending and teaching at conferences and universities. Since 2005, Lommen Abdo, one of the Midwest’s largest Amazon, Apple, DreamWorks, and entertainment firms, has presented a CLE conference in Universal Studios are in the mix. conjunction with the SXSW Music Conference, which has “The Web has become our primary been bringing together new talent in music, films, and sales vehicle.” —Mark Volpe, Boston emerging technologies for 25 years.At this year’s CLE conference in March, panels discussed, for example, cross- Symphony Orchestra platform licensing, hot policy issues and their impact on the industry, and ethical issues for entertainment lawyers. Keeping up is as important for entertainment busi- classical music record sales declining precipitously, the nesses as it is for entertainment attorneys. Relativity Media American Federation of Musicians (AFM) was under made an innovative deal with Netflix to move the popular pressure from orchestras for contracts giving them greater subscription video-on-demand service higher in the movie flexibility to reach the public online and on the air. In distribution “food chain.” Movies go to Netflix after run- 2007, Eggen was involved in negotiating a new-model ning in theaters and being released on DVD instead of agreement with the St. Paul Chamber Orchestra, under going to a pay TV channel like HBO or Showtime, which each musician was paid a “sizable lump sum in making them available to consumers sooner and more eco- exchange for a huge package of recording rights.”The nomically. Benjamin is proud to be part of the inventive agreement was the forefather of the AFM’s current deal, noting,“The economics are very different and very Internet agreement. exciting for all involved.” At Warner Bros., which owns patented Blu-ray and DVD technology, Kinn helped form one of the entertain- ment industry’s first modern patent pools as a one-stop The terms they are a-changin‘ shop for those who want to manufacture and sell Blu-ray and DVD products. Kinn’s involvement began early, in While the appetite for content is as great as ever, compen- obtaining crucial clearances from the U.S. Justice sation for the creators is not—at least not up front. Department and the European Commission. According to Matson, the halcyon days when record labels Another example of leading-edge adoption of digital gave million-dollar advances to new artists are over. distribution is the 130-year-old Boston Symphony Once, a one-in-ten hit covered the costs of the nine Orchestra.“We’ve become a media company,” says Volpe. money losers.“Now the recoupment opportunity is more The Boston Symphony has so thoroughly embraced drawn out,” explains Mulcahy.“It’s not just the opening digital delivery that it offers patrons seminars in how to weekend and a pay-TV window and the video store.” use, on the Symphony’s terms, the steady stream of content Negotiators are experimenting with contracts that pay available online. Boston Symphony’s partners have long content creators less up front and make remaining com- included the likes of Deutsche Grammophon and Sony/ pensation contingent on recoupment of costs and the ulti- DMG. Now Amazon,Apple, DreamWorks, and Universal mate success of the product. Studios are in the mix.“The Web has become our primary Considering the “diaspora of experimentation,” from sales vehicle,” says Volpe.“We’re self-publishing and self- Amazon and iTunes to MOG and Rhapsody, Mulcahy says producing more and more.” Each year, 8 million unique he can’t predict which models will prevail and how stake- households visit the orchestra’s site for podcasts, Concert holders will be affected.“We’ve evolved from freezing Companion, Digital Music Store,Web TV, contributions, rights to understanding that we have to do a deal.Two tickets, and merchandise. years from now when we recognize the mistakes, we’ll A few years ago, with digital delivery burgeoning and want the ability to renegotiate the deal.”

22 Perspectives SPRING 2011 www.law.umn.edu That’s Entertainment Law

WhileWhile you’re waiting for your big break, demonstrate your passion f or the field. “There are lots of opportunities to volunteer.” —Ben Mulcahy, Sheppard, Mulin, Richter & Hampton

 THE SCRIPT   LANDING A ROLE  The bes stwt way to prepare students for entertainment law is to provide If you want to practice entertainment law, don’t expect to be discov- a solid iint ellectual property program and teach them analysis, argu- ered. “You really need to do well in law school and get into a law ment, andand writing skills, says University of Minnesota Law School firm,” advises Jay Kinn (’90), a V.P. in Warner Bros. Home AssociatsociaatePre Professor W illiam McGeveran. “You can’t teach law shaped Entertainment. only forr the digital technology of today,” he comments. While you’re waiting for your big break, demonstrate your passion At tthe same time , the Law School has been revising the cur- for the field. “There are lots of opportunities to volunteer,” offers riculumt o further prepare graduates in legal research, drafting, and entertainment attorney Ben Mulcahy (’94). negotiating.negotiaating. Lawyers practicing in entertainment law today “can’t be But ultimately, go into the field for the work, not the perks. “The in somee of the old pigeonholes,” McGeveran remarks. “A lot of them essence of entertainment law is IP oriented,” explains Warner Bros. are engagedenggaged in strategic thinking for their clients and may have to be Interactive Entertainment V.P. Debra Baker (’84). “You have to love constructingtructing arrangements that are economically profitable and also the protection, exploitation, and enforcement of your rights around keep them out of litigation trouble.” intellectual property to be effective.” Convinced that those who deliver the curriculum have to be con- scious of technology changes, McGeveran uses blogs, Facebook, and Twitter as preparation for his teaching and scholarly writing. “It’s a pleasure, not a chore,” he says.

Finding your own “buzz” growth area. I get to address content issues—talent, story development, copyright ownership—and the distribution Being a star’s attorney may not, and probably should not, area is fascinating, too, with all the legal issues that come make a person famous. Mulcahy says that being listed in with addressing the consumer.” film credits, down in the vicinity of “best boy” and “key “The biggest perk in my family is that I can introduce grip,” is major, rare recognition.“Yes, you are invited to my kids to Miley Cyrus and Ashley Tisdale,” laughs premieres and go to awards ceremonies and film festivals,” Benjamin.“You can rub shoulders with the stars, but that he says.“But you’re working under a lot of pressure. Every life is not yours.At the end of the day, it’s a business, and day is a ‘filing day’ for me.The most stimulating thing is unless you work your tail off, there are no perks.”While that it’s very fast paced and ever changing.” acknowledging the fleeting thrill of walking the red carpet, It’s all about the music for Volpe.“The buzz is being in she describes the real glamour as “feeling you’re able to a hall with 2,500 people or at Tanglewood with 10,000, participate in something at the very top of the field and hearing an incredible orchestra and being part of that you’re firing on all cylinders.You’re doing what you love.” energy.” For Eggen it’s the musicians.And Kinn, a true film Matson cherishes the trust that develops between client and TV fan, waxes enthusiastic about the cutting-edge and attorney. He gets his high from watching and helping entertainment technology that Warner Bros. has coming artists—Jonny Lang, Michelle Branch, Owl City—break soon to a home near you. out of nowhere and become stars because of their talent. Still star-struck when she sees George Clooney or “Watching that ride is incredible,” he says.“It’s a great job.” Helen Mirren at work, Baker is more awed by her own good luck:“I probably have one of the best jobs on the By Karen K. Hansen, a Twin Cities-based freelance writer and planet for a lawyer.The video game business is still a big clarinetist

www.law.umn.edu Perspectives SPRING 2011 23 > Faculty Pers

Professor Oren Gross at screening of Schulberg/ Professors Barbara Welke, Michael Grossberg of Waletzky restoration of Indiana University, and Susanna Blumenthal after “Nuremberg: Its Lesson Chair reappointment recipients Professors Daniel Gifford, Laura Cooper, and Grossberg’s legal history lecture on the politics for Today” Ann Burkhart with Dean David Wippman of childhood

Faculty Awards, Grants, and News

and Stanford Law and Remedies With Competition, the Professor Bradley School, funded by culmination of the FDA’s public G. Clary (’75) was a gift to Stanford hearings on intellectual property. appointed by the University’s Law, Cotter’s written scholarship as well Minnesota Supreme Science & Tech- as his testimony on remedies for patent Court to the Civil nology Program infringement at Dec. 5, 2008, and Justice Reform Task from Samsung Corp. Feb. 10, 2009, hearings are referenced Force, charged with evaluating and fol- to encourage new research on issues in the report. lowing up on the findings of a report of importance to patent law. Prize issued by the Civil Justice Forum on winners participated in the patent changes in the civil justice system that remedies conference at Stanford Law have the potential to increase cost- School on Feb. 18, 2011. Professor Stephen effectiveness and efficiency.The task An article by Cotter was selected J. Cribari is force will provide recommendations for inclusion in the 2011 edition of the teaching second- for civil case processing in a final annual anthology Patent Law Review, year J.D. candidates report due to the Supreme Court by published by Thomas Reuters. in London, for the Dec. 31, 2011. “Optimal Fines for False Patent second and third Marking” was originally published in terms of the London Law Program Professor Thomas Cotter won a the Michigan Telecommunications and of the University of Notre Dame Samsung-Stanford Patent Prize for Technology Law Review (Vol. 17, 2010). Law School. In the second term (Jan. his submission on calculating royalties Cotter is cited multiple times in 4-March 18, 2011), he taught Criminal in patent infringement litigation in a the Federal Trade Commission’s Procedure. In the third term (March new competition-conference series March 2011 report The Evolving IP 28-June 3, 2011), he is teaching Law of co-sponsored by Samsung Electronics Marketplace:Aligning Patent Notice Cultural Heritage, which considers the

24 Perspectives SPRING 2011 www.law.umn.edu pective

Professors Richard Frase, Daniel Gifford, and Joan Howland after Gifford’s reappointment lecture on U.S. and E.U. antitrust law Judge Joan Erickson (’81) and Professor Carol Chomsky Professors Claire Hill and Antony Duff at criminal at Alumni Weekend reception law reception

ethical and legal dimensions of such plant officials. In December 2010, she his research into the safety profile of issues as who “owns” the past with presented the Roy C. Swan lecture medical devices by approval pathway. the traditional scholarly caretakers of on organ trafficking at Weill Cornell history now being challenged by col- Medical College. lectors, native cultures, and others. In January, Goodwin was appointed to head the Association of American Professor Kristin Law Schools (AALS) Special Hickman was Committee to Review Scholarly named a runner-up Papers for the 2012 Annual Meeting. for the 2010 Person Professor Allan Also, she was invited to join the edito- of the Year by Ta x Erbsen was rial board of Law & Social Inquiry, a Notes. Finalists are promoted to quarterly journal published on behalf selected for their influence on the year’s tenured professor of the American Bar Association that tax-related events, and Hickman was in December 2010. offers analysis of sociolegal processes. selected for her scholarly writings on the intersection of administrative law and the tax code and for her filing of amicus briefs in the U.S. Court of Professor Michele Professor Appeals for the District of Columbia Goodwin was part Ralph F. Hall Circuit and the U.S. Supreme Court. of an international testified before In a unanimous Jan. 11, 2011, deci- group invited by the House Energy sion, the U.S. Supreme Court agreed the Philippines’ & Commerce with the arguments in Hickman’s Health Secretary Committee’s Sub- amicus brief in Mayo Foundation for to visit and evaluate international committee on Health in February at Medical Education and Research v. United organ transplantation models last fall. a hearing on the state of the medical States.The Court considered the validity The group held discussions with the device industry and the impact of of Treasury Regulation 31.3121(b)(10)- Philippines Department of Health regulation of these devices on job cre- 2 requiring withholding of FICA taxes officials and international senior trans- ation and patient access. He discussed from medical residents’ stipends.

www.law.umn.edu Perspectives SPRING 2011 25 FACULTY PERSPECTIVE

Hickman urged use of the broadly work, supports research programs Services in determining what medical applicable standard of Chevron U.S.A. bringing scholars together, and presents treatments and services must be cov- Inc. v. Natural Resources Defense Council, an annual symposium highlighting ered by new policies when health care Inc., 467 U.S. 837 (1984) rather than innovative research initiatives. reform changes take effect.The 18- the tax-specific National Muffler Dealers member committee will offer guidance Assn, Inc. v. United States, 440 U.S. 472 on policy principles and criteria to (1979).The Court held that Chevron achieve balance among categories of provides the appropriate standard. Professor Jane care and recommendations on periodic On Feb. 9, 2011, the Fifth Circuit Kirtley wrote the review of the benefits package. cited Hickman’s 2008 article in the Media Law Hand- Monahan’s work on legal protec- George Washington Law Review (Vol. 76) book, commissioned tions in public pensions is cited exten- in Burks v. United States No. 09-11061, by the U.S. sively in Public Pensions for Retirement which invalidated Treasury Regulation Department of Security, a February 2011 report issued 301.6501(e)-1 seeking to expand the State and published by the Bureau by California’s Little Hoover limitations period for omitting income of International Information Programs Commission. Monahan testified before to include overstatement of an asset’s in 2010. It provides standards that the bipartisan agency, formed to inves- basis in computing gain on the sale or describe the privileges and responsibili- tigate and promote efficiency in state exchange of the asset.The court ques- ties of a free press in a free society and government operations, in 2010 on tioned Treasury’s procedures and cited will be distributed by U.S. Embassies public pension reform. Hickman in support of its analysis. throughout the world.

Clinical Professor Professor Claire Professor Herbert Perry Moriearty A. Hill’s article Kritzer was was elected to a “Why Did Rating appointed to the three-year term on Agencies Do Such social science over- the Clinical Legal a Bad Job Rating sight panel of the Education Subprime United Kingdom’s Association Board of Directors. Securities?” (Pittsburgh Law Review, Research Excellence Framework 2014, Vol. 71, Issue 3, 2009) was chosen for which is charged with evaluating the inclusion in the 2011 Securities Law quality of research in its universities Review.The compilation of critical to inform decisions on allocation of Professor thinking and recent decisions in research funding. He will serve on Fionnuala Ní securities regulation is published by the oversight panel that covers law, Aoláin received a Thomson West. political science, sociology, economics, two-year appoint- environmental studies, education, ment to the and other areas. International Women’s Program (IWP) Advisory Sub-Board of the Open Society Institute.The board makes recommen- dations on strategies and programs to Professor William further the IWP objectives of reducing McGeveran was discrimination and violence against promoted to women and girls and increasing their Professor Bradley C. Karkkainen tenured professor in access to justice and their role in lead- and Associate Professor Hari M. December 2010. ership positions, particularly in loca- Osofsky were awarded a $10,000 tions where conflict has weakened University symposium grant in respect for the rule of law and endan- February by the Institute for Advanced gered women’s rights. Study at the University of Minnesota. Professor Amy She was also awarded a grant from It will support their project “Climate Monahan was the British Academy, the United Change, Inequality and International appointed to the Kingdom’s national body for the Lawmaking: New Governance Determination of humanities and social sciences, for her Approaches to Addressing Abundance Essential Health research in assessing gender harms and and Security.”The Institute for Benefits Committee remedies in post-conflict societies.The Advanced Study provides physical of the Institute of Medicine (IOM), grant will enable field work in Israel space at the Nolte Center where which will issue a report to guide the and Bosnia on gendered experience of scholars can collaborate and share their Department of Health & Human violence in post-conflict settings.

26 Perspectives SPRING 2011 www.law.umn.edu FACULTY PERSPECTIVE

Professor Ruth Provost Thomas Sullivan Okediji was Returning to Law School Faculty appointed to serve on a committee of E. Thomas Sullivan, Senior Vice President for Academic Affairs and the National Provost of the University of Minnesota, resigned the appointment in Academies that is February, effective the end of 2011, and will return to the Law School working on a project entitled “The faculty as Julius E. Davis Professor of Law. He will be a visiting professor at New York Impact of Copyright Policy on University School of Law for the spring 2012 semester and at the University of Chicago Law Innovation in the Digital Era.”The School for the fall 2012 semester. project was formed by the Board on Sullivan was dean of the Law School from 1995 to 2002 and has been provost for seven Science,Technology and Economic years, the University’s longest-serving provost in the last 25 years. Since he assumed the role Policy within the Policy and Global of provost, undergraduate applications have doubled and the academic profile of the entering Affairs Unit.The committee will pro- freshman class is the strongest in University history. Under his leadership, the University pose methods to expand and improve embarked on a major transformation in its oversight and support of graduate education, and research on the key issues, commission he helped ensure that revised academic standards for faculty are more rigorous and trans- background papers, identify experts to parent. The University now is ranked, in terms of research expenditures, among the top 10 of address the issues, and plan a multidis- all universities in the country, public and private. He led the comprehensive academic strategic ciplinary workshop to discuss ideas and positioning process on the Twin Cities campus, the impact of which is detailed at proposals.After the workshop, the www.academic.umn.edu/provost/reports/documents/Achieving_Excellence_2005. committee will prepare a final report In a Feb. 3, 2011, email announcing Sullivan’s decision to faculty, staff, and students, identifying policy research that still University President Robert H. Bruininks said, “Sullivan's strong leadership, thoughtful collabo- needs attention and proposing ways ration, and steadfast commitment to academic excellence and productivity have made this to address continuing needs. University a stronger and more vibrant institution.”

Professor Myron In addition, she was Association of Insurance Commissioners Orfield was invited voted president-elect (NAIC) for 2011, the fourth consecu- to membership on of the Association tive year he has been selected to serve. the NIH’s Network for Law, Property & Representatives provide the consumer on Inequality, Society, a nonprofit view on issues under discussion by the Complexity, and organization formed NAIC, and funded representatives are Health, a multidisciplinary group of to bring together required to attend all NAIC national experts who are exploring areas where scholars interested in all aspects of meetings and participate in deliberations. policy change or intervention could property law, policy, and theory. She significantly improve the burden of now serves as the group’s treasurer and disease among population groups.The will begin her term as president in 21-member network is the first to use March 2012. Professor systems science methods to study Gregory Shaffer health inequities. was elected to the He was also appointed to the Executive Minnesota Judicial Branch’s Committee Associate Committee of the for Equality and Justice, which is Professor Daniel American Society charged with ensuring equal access Schwarcz won the of International Law (ASIL) at its and unbiased treatment for court users 2010–11 Liberty annual meeting in March. Composed and employees.The committee will Mutual Prize spon- of ASIL officers and three non-officer promote diversity in selection of judges sored by Boston Executive Council members, the and court employees and in appoint- College Law School and created by Executive Committee oversees ASIL ments to Judicial Branch committees Liberty Mutual Insurance Group to interests and activities between meet- and boards. encourage and recognize legal scholar- ings of the Executive Council. ship in property and casualty insurance Associate Professor Hari M. law. His winning entry,“Reevaluating Clinical Professor Stephen Simon Osofsky was elected to a three-year Standardized Insurance Policies,” exam- (’71) received the Traffic Safety Award term on the Executive Council of the ines differences in important coverage from the Minnesota County Attorneys American Society of International provisions among carriers of home- Association at its 33rd annual meeting Law at its annual meeting in March. owners’ insurance. in December 2010. He was recognized The Executive Council is the Society’s He also was named a funded con- for his extensive work on DWI, traffic chief governing body. sumer representative to the National safety, and law reform issues and for

www.law.umn.edu Perspectives SPRING 2011 27 FACULTY PERSPECTIVE

founding and serving lawsuit in Hennepin on the Minnesota County District Professor Criminal Justice Court on behalf Susan M. Wolf System DWI Task of property home- testified before Force, which he owners in parts of the Presidential directed for 28 Minneapolis who Commission for years. The MCAA appear to be victims the Study of Traffic Safety Award was created to of significantly inflated assessments. Bioethics Issues on Feb. 28, 2011, honor individuals who work to save in Washington, D.C., on the debate lives and improve safety on Minnesota’s surrounding return of individual roadways and to enhance the quality of research results and incidental findings justice in prosecuting impaired drivers. Clinical Professor in genetic and genomic research. Carl Warren (’75) She has served as principal investigator was appointed to a on two NIH-funded projects on the two-year term on cutting-edge issues of managing inci- Professor Robert the Nominations dental findings in human-subject A. Stein (’61) was Committee of the research and managing incidental and appointed co-chair, Association of American Law Schools’ research findings in genomic biobanks along with Justice Clinical Section.The Committee is and archives. Richard Goldstone, responsible for recommending the In March she spoke on neuro- of the Rule of Law Clinical Section’s new leaders and for science in the courts at the Raymond Action Group of the London-based advancing its diversity goals. and Beverly Sackler U.S.A.-U.K. International Bar Association by the Scientific Forum, hosted by the organization’s leadership.The co-chairs National Academies of Science’s are responsible for arranging programs Beckman Center in Irvine, Calif., and speakers on the rule of law for Professor Barbara and jointly sponsored by the National IBA conferences around the world. Y. We l ke , also a Academies and the U.K.’s Royal Stein also was appointed a member of professor in the Society. the Czech Board of Directors of the Department of In April, she delivered a plenary CEELI Institute in Prague, Czech History, was named address at a 2011 research congress Republic.The CEELI Institute pres- a Scholar of the hosted by the Center for Genomics ents programs to train lawyers and College by the College of Liberal Arts and Society at the University of North judges worldwide on the rule of law. in January 2011. Scholars are selected Carolina at Chapel Hill, funded by the from among tenured faculty in the Ethical, Legal, and Social Implications Professor Laura Thomas, super- College and receive funding over the Research Program of the National vising attorney of the Civil Practice three-year period of their award to Human Genome Research Institute Clinic, and clinic students filed a support their work and research. of the NIH.

FACULTY February March 3 Professor Anita L. Allen 3 Professor Lior Strahilevitz WORKS IN University of Pennsylvania Law School University of Chicago Law School Privacy Torts: Unreliable Remedies for Judicial Takings or Due Process? PROGRESS LGBT Plaintiffs 10 Professor Daniel E. Ho 10 Amy Kristin Sanders Stanford Law School Spring 2011 > University of Minnesota Did a Switch in Time Save Nine? Re-defining Defamation: Psychological 24 Professor Brett McDonnell Lectures on works in progress at the Law Sense of Community in the Age of the University of Minnesota Law School School and other institutions are open to Internet Don’t Panic! Defending Cowardly Interventions the public but require an RSVP to Stephanie 17 Professor Kermit Roosevelt During and After a Financial Crisis McCauley at 612-625-9073 or University of Pennsylvania Law School 31 Professor Michael Tonry [email protected]. Choice of Law in Federal Courts: From Erie University of Minnesota Law School and Klaxton to CAFA and Shady Grove Moral Luck, Wrongful Acquittals, Legal Luck, 24 Professor Cary Coglianese Lenient Sentences, and Plain Luck University of Pennsylvania Law School Performance Tracks Postmortem: What Can We Learn from the Rise and Fall of EPA’s “Flagship” Voluntary Program?

28 Perspectives SPRING 2011 www.law.umn.edu FACULTY PERSPECTIVE

The Robins, Kaplan, Miller & Ciresi Professorship of Law Reappointment Lecture

> On Feb. 15, 2011, Daniel J. Gifford courts of both jurisdictions use similar commemorated his reappointment to language in their decisions. Yet on a the Robins, Kaplan, Miller & Ciresi range of antitrust issues, the two juris- Professorship of Law with the lecture, dictions apply law differently. He sum- “American and European Perspectives marized the development of antitrust on Antitrust Law.” A recognized expert law in the United States beginning with on antitrust law, Gifford joined the Law the Sherman Act of 1890 and the School faculty in 1978. He completed an Clayton Act of 1914 through the A.B. at Holy Cross College, an LL.B. at “antitrust revolution” of the 1970s and Harvard Law School, and a J.S.D. at beyond and in Europe beginning with Columbia University. He has practiced the Treaty of the European Community law with Cleary, Gottlieb, Steen & of 1957. Today in the United States, the Hamilton in New York and taught law at idea of dynamic efficiency is gaining Vanderbilt University, the State ground, in which the development of Daniel J. Gifford University of New York at Buffalo, and innovative technology is recognized as universities in France, Belgium, and both a major benefit of and a stimulant Sweden. He is a member of the of a competitive marketplace. Europe, American Bar Association, of the strongly influenced by the political phi- antitrust area is preserving the status Minnesota State Bar Association and has losophy of ordoliberalism, appears to quo.” Reassessment of such concepts chaired its Section on Antitrust Law, and view efficiency as an offense, as domina- “could advance the economic welfare of of the American Law Institute and has tion of marketplace, Gifford said. the European public,” Gifford concluded. served on its Consultative Group on E.U. rules “condemn a broader swath Robins, Kaplan, Miller & Ciresi LLP is Unfair Competition. He also has served of conduct” than do U.S. laws on one of the nation’s premier trial firms. on the Association of American Law mergers, price discrimination, bundled With more than 250 attorneys in Schools’ Antitrust Section Executive rebates, and other issues, possibly Minneapolis, New York, Los Angeles, Committee. because of different interpretations of Atlanta, Boston, and Naples, Fla., it rep- In his lecture, Gifford compared U.S. competition. “American antitrust law is a resents some of the world’s largest com- antitrust law and the European Union’s machine for ensuring the enriching of panies, most innovative start-ups, and corresponding competition law. Both society economically,” Gifford said, individuals from virtually every industry ostensibly are designed to maintain whereas competition is seen as rivalry in and walk of life, both in and out of the competition in the marketplace, and the Europe, and “maintaining rivalry in the courtroom.

NEW FACULTY PUBLICATIONS April 7 Professor Gerald J. Postema Edward Adams, Corporate Gregory Shaffer, Dispute University of North Carolina School Counselor's Business Handbook Settlement at the WTO: The of Law > (Aspen Publishers, 2010) Developing Country Experience Justice Holmes: A New Path for R. Antony Duff, The Boundaries (Cambridge University Press, American Jurisprudence of the Criminal Law (Oxford, 2011) 2010) (co-editor with Ricardo 14 Professor Kim Lane Scheppele (co-editor with Lindsay L. Farmer, Meléndez-Ortiz) Princeton University S.E. Marshall, Massimo M. Renzo, Michael Tonry, Punishing Race: Fixing the Architecture: Judging Victor V. Tadros) A Continuing American Dilemma After 9/11 R. Antony Duff, Philosophical (Oxford University Press, 2011) 21 Professor Brian Z. Tamanaha Foundations of Criminal Law David Weissbrodt & Mary Rumsey, Washington University in St. Louis (Oxford, 2011) (with Stuart Green) eds., Vulnerable and Marginalised School of Law Jane Kirtley, Media Law Handbook Groups and Human Rights What is “General” Jurisprudence? (U.S. Bureau of International (Edward Elgar, 2011) A Critique of Universalistic Claims Information Programs, 2010) by Philosophical Concepts of Law Herbert Kritzer, The Oxford Handbook of Empirical Legal Research (Oxford, 2010) (editor with Peter Cane) www.law.umn.edu Perspectives SPRING 2011 29 FACULTY PERSPECTIVE

Law School Remembers Late Faculty

> On March 24, 2011, the Law Jamie Anne Grodsky, who began Andy Schoettle, a nationally recog- School invited family and friends to a her academic career at the Law nized expert in state and federal taxa- program commemorating former faculty School in 2001 and left as an associate tion and public policy.The lifelong members who passed away in 2010. professor in 2005, Professor Brad sailing enthusiast raced a variety of David Wippman, Dean of the Law Karkkainen recalled her enthusiasm for boats in regattas and as a member of School, opened the program with her work and her love of sharing her the U.S. team in the 1956 and 1960 words of tribute and appreciation for latest research on natural resources, the Olympics. He joined the Law School the well-respected faculty members. environment, and developments in faculty in 1967 and stayed until he He then turned the program over to technology.A highly regarded expert retired from teaching in 2008. current faculty members, who spoke in environmental law, Professor Professor Schoettle was inducted into about their former colleagues. Grodsky passed away May 22, 2010, the Barnegat Bay, N.J., Sailing Hall of Professor Joan Howland reflected at age 54 in San Francisco. Fame in the summer of 2010. He on the career of Professor Philip Professor David Weissbrodt talked passed away Nov. 24, 2010, at age 77 Frickey, a nationally respected scholar about the inspiring 40-year career of in Vero Beach, Fla. in federal Indian and constitutional Professor Emeritus Donald G. Provost E.Thomas Sullivan paid law, legislative process, and statute Marshall, who passed away May 28, final tributes to the late faculty mem- interpretation. Professor Frickey taught 2010, at age 79 in Edina, Minn. bers. He noted that it had been a at the Law School from 1983–2000. Professor Marshall once said that he privilege to serve as dean of the Law He passed away July 11, 2010, at age loved teaching from the moment he School (1995-2002) when they were 57 in Berkeley, Calif.The August 2010 walked into his first classroom, and on its faculty, and it was an honor to issue of the California Law Review is a more than 7,500 students benefited recognize their contributions and lives tribute to his memory and contains an from his devotion during his 1967-2010 in the law. essay he wrote in his final year to tenure at the Law School. His respect Respects were also paid to thank his network of family, friends, for education and his signature mantra, Professor Emeritus Leo J. Raskind, a and medical-treatment personnel. His “Never whisper ‘justice,’” are known faculty member from 1970-92.The wife, Mary Ann Bernard, presented a well beyond the classroom walls. Law School had recently been notified copy of the issue to the Law School. Professor John Cound offered that he passed away March 22, 2011, In paying his respects to Professor remembrances of Professor Emeritus at age 91.

Law School Pays Respects to Leo J. Raskind

> Professor Emeritus Leo J. Raskind, digital-information technology, so it’s a long-time faculty member and dedi- exciting,” he said. In 2002, he and Law cated friend of the Law School, passed School Professor Daniel Gifford pub- away March 22, 2011, in Minneapolis at lished their second edition of Federal age 91. His interest in law and commit- Antitrust Law: Cases and Materials, ment to the Law School were unflag- addressing application of statutes by the ging, and on his 90th birthday he was courts and antitrust issues raised by recognized at a faculty dinner for his changes in technology. years of service. After earning an M.A. in economics at Raskind taught copyright, antitrust, the University of Washington, Raskind intellectual property, and tax law at the was awarded a Fulbright Fellowship to Law School from 1970-92. He then the London School of Economics, where became Brooklyn Law School’s “perma- he completed a Ph.D. in 1952. He received nent” visiting professor and taught there his law degree from Yale Law School in until he retired in 2006. 1955 and taught at Stanford, Vanderbilt, In a 2000 interview in the Law and Ohio State University before coming School’s alumni magazine, Raskind com- to Minnesota. He was a life member of Leo and Mollie Raskind at 2009 years-of-service mented on the rapid changes in intellec- the American Law Institute. recognition dinner tual property law. “The existing statutes He is survived by Mollie, his wife of are not particularly well suited to the 62 years, and by a daughter, Carol new kind of technology, whether bio- or Raskind Rance, and a son, John.

30 Perspectives SPRING 2011 www.law.umn.edu FACULTY PERSPECTIVE

The Curtis Bradbury Kellar Professorship of Law Reappointment Lecture

> Professor Ann M. Burkhart property in some states, and chattel marked her reappointment as the Curtis loans are not covered by many con- Bradbury Kellar Professor of Law on sumer-protection laws. According to March 8, 2011, with the lecture, “Bringing census records, 8% of Americans now Manufactured Housing Into the Real live in manufactured homes, and half of Estate Finance System.” Once known as the residents are 50 or older. Using a “trailers” because they could be pulled Malibu listing for more than $2 million behind a vehicle, manufactured homes as an example, Burkhart said it’s time today often sit on a large landscaped lot, to dismiss the stereotypes about manu- have peaked roofs and other features of factured homes. Ann M. Burkhart site-built homes, and include numerous A nationally recognized expert in real amenities, such as built-in swimming estate law, Burkhart joined the Law College of Mortgage Attorneys, Reporter pools. “These are not your mother’s man- School in 1982 and has received the for the Uniform Manufactured Housing ufactured homes,” Burkhart said, but the Stanley V. Kinyon Teaching Award four Act, and active in many groups. law has not kept pace with the changes. times. She has been a visiting professor The Curtis Bradbury Kellar Although modern manufactured at the University of Pennsylvania’s Professorship of Law honors the late homes are usually too large and heavy Wharton School, UCLA School of Law, Wall Street and corporate lawyer and to be moved, they are still considered Uppsala University College of Law in Mobil Oil Corp. associate general counsel personal property, not real property. As Sweden, and Christian-Albrechts Curtis Kellar (’40), who exemplified a life- a result, about 80% of loans used to pur- University in Germany. She completed long commitment to the highest profes- chase them are chattel loans, rather than B.S. and M.S. degrees at Purdue sional standards and integrity in client the longer-term, lower-interest rate University and a J.D. at the University of relationships. He significantly advanced mortgage loans offered for real estate. Illinois College of Law. Before coming to the Law School’s prestigious teaching In addition, sales tax often is payable Minnesota, she practiced with Sidley & tradition by funding this professorship, for personal property, marital and home- Austin, Chicago, and Alston & Bird, and faculty appointed to it strive to foster stead rights do not extend to personal Atlanta. She is a Fellow of the American in students the values he represented.

PUBLIC LAW February March 3 Professor Naomi Mezey 10 Professor Daniel E. Ho WORKSHOPS Georgetown University Law Center Stanford Law School Against the New Maternalism Policy Voting: What Amici Tell Us About Law Spring 2011 > 7 Professor Hari Osofsky 24 Professor Stephen Befort University of Minnesota Law School University of Minnesota Law School The BP Deepwater Horizon Oil Spill and Let’s Try This Again: The ADA Amendments Act of Workshops by nationally recognized scholars Multidimensional Governance 2008 Attempts to Reinvigorate the “Regarded As” and Law School faculty members on their 17 Professor Kermit Roosevelt Prong of the Statutory Definition of Disability works in progress on public law topics are open University of Pennsylvania Law School 31 Professor Julia D. Mahoney to Minnesota faculty and students enrolled in Choice of Law in Federal Courts: From Erie University of Virginia School of Law the affiliated seminar. and Klaxton to CAFA and Shady Grove Health Care Reform, Politics and the 24 Professor Melissa Murray Constitution University of California Berkeley Boalt Hall School of Law April Marriage as Punishment 14 Professor Helen Hershkoff 28 Professor Cynthia Estlund New York University School of Law New York University School of Law Contracting for Procedure China’s Labor Question: Will Workers Gain 18 Professor Trevor W. Morrison a Voice (or Just a Bigger Paycheck)? Columbia Law School Constitutional Alarmism

www.law.umn.edu Perspectives SPRING 2011 31 FACULTY PERSPECTIVE

New 2011 Faculty Members >

University of Southern California Gould School of Law in 2000, after working as a legal intern in the Los Angeles City Attorney’s Office Gang Unit and a summer associate with Robie & Matthai in Los Angeles. He completed his B.A. in anthropology in 1997 at the University of California, Los Angeles. His research interests are in the areas of human rights, citizenship, interna- tional law, legal history, social theory, Christopher Roberts and law and society. His dissertation, she was a semifinalist in the Morris Tyler Christopher N.J. Roberts, who recently “Exploring Fractures Within Human Moot Court competition and a member completed the joint doctoral program Rights: An Empirical Study of Resistance,” of the Yale Journal of Law and Feminism. in public policy and sociology at the examines the development of the After law school, she clerked for the University of Michigan, will join the Law modern international human rights con- Honorable Rosemary S. Pooler of the School faculty May 24, 2011, as an asso- cept from 1944-66 and will be published U.S. Court of Appeals for the Second ciate professor. by Cambridge University Press. Circuit in 2008-09 and for the Honorable Roberts was a visiting scholar in the Shira A. Scheindlin of the U.S. District Center for the Study of Law and Society Jessica Clarke Court for the Southern District of New at the University of California Berkeley The Law School will welcome Jessica A. York in 2005-06. School of Law, Boalt Hall, from 2008–10. Clarke to its faculty on June 30, 2011, as Before joining Columbia, she was He was awarded several fellowships and an associate professor. She comes to an associate at Covington & Burling in research grants at the University of Minnesota from the Associates-in-Law New York, focusing on commercial and Michigan, including a doctoral research program at Columbia Law School, a two- white collar criminal defense. She also grant from its Nonprofit & Public year fellowship. At Columbia, she con- practiced bankruptcy law at Cadwalader, Management Center in 2008. In ducted scholarly research and taught Wickersham & Taft in New York in 2003–04, he was a graduate student legal writing, research, and analysis to 2003-05. Clarke’s primary teaching instructor of criminology in Michigan’s first-year students. and research interests are civil proce- Department of Sociology. Clarke received her J.D. from Yale dure, employment discrimination, and Roberts received his J.D. from the Law School in 2003. While in law school, family law.

Human Dignity and the Criminal Law Symposium

> On April 15-16, 2011, the Law School presented a symposium entitled “Human Dignity and the Criminal Law.” The symposium, hosted by Professors Fionnuala Ní Aoláin and Antony Duff, was a follow-up to a workshop on human rights and the criminal law held in Copenhagen in 2010. The interdisciplinary symposium addressed the increasingly frequent appeals for human dignity in discussions of public policy, including penal policy. Speakers and participants came Law School, national, and international participants Discussions also were directed at the from Australia, Britain, Canada, Denmark, in interdisciplinary symposium on human rights, growing importance of discourse among Israel, and Germany. They represented criminal process, and public policy academics as well as policy makers on a range of disciplinary backgrounds, human rights in national and interna- including criminology, law, philosophy, tional criminal law, the criminal process, and political science, as well as different and criminal punishment. traditions of thought.

32 Perspectives SPRING 2011 www.law.umn.edu FACULTY PERSPECTIVE

> Faculty Profile

Stephen M. Simon Professor of Clinical Instruction Stephen Simon graduated from the Law School in 1971 and joined its clinical faculty in 1980. Since 1998, he has served on the National Judicial College faculty, training judges in courtroom management.

n court, judges and attorneys and trial conduct issues.The class, the often speak in legal shorthand, first of its kind in the nation, is now but Professor Steve Simon required for new Minnesota judges. teaches his students to use plain, During the mock trial, experienced everydayI language with their clients. attorneys raise multiple challenges, “He really emphasizes the importance sometimes simultaneously, testing a of speaking very precisely so clients judge’s skill at managing a courtroom. and others. Its purpose is to find ways can understand what’s going on,” says “A judge is like a chef with a 10- to toughen the state’s drunken driving Elizabeth Smith (’12), a student in burner stove who has to keep all the laws.Among task force recommenda- Simon’s Defense Clinic.“He’s a wealth pots from boiling over,” says Simon. tions that the Minnesota Legislature of information. He loves teaching More than 300 judges have com- has enacted are criminalization of people about real lawyer work,” she pleted the training program, including refusing a DWI test and impoundment says, adding that his lessons will make Assistant Chief Judge Shaun Floerke of license plates and vehicles. her a better attorney. (’92) of the Sixth Judicial District in Since the task force began its Simon has a deep well of experi- Duluth.“It’s an incredibly high-inten- work, alcohol-related traffic deaths ence, having worked as a public sity, multifaceted experience,” says have dropped from 322 in 1982 to 161 defender and judicial officer in Floerke, who had to contend with a in 2008. But Simon sees more to be Hennepin County and as a prosecutor sleeping juror, a racist witness, and a done.After a recent series on drunken for the cities of Minneapolis and gun entered as evidence. One of the driving in the Star Tribune, he and task Minnetonka. In addition, he had a pri- attorneys soon began waving the gun force research assistant Chelsea Becker vate practice (Simon & Albrecht) for around the courtroom. It’s up to the (’11) published a commentary arguing three years in the 1970s.“I’ve worked judge to restore order.The one-hour for an increased alcohol tax.“A dime a every side of the street,” Simon says. mock trial felt “like an eternity,” drink is all it would take to significantly For three decades, he has been Floerke says,“but it was worth it. It’s a reduce the incidence of drunken leading the Misdemeanor Defense good class.” driving on our roads,” they wrote. Clinic, Misdemeanor Prosecution Among the practical skills judges Simon’s interests also include tech- Clinic, and trial practice courses at the learn at the clinic is “The Hand.” nology. Along with the Law School’s Law School. Says Josh Newville (’12), a Simon teaches judges not to jump in Educational Technology Manager Greg Defense Clinic student:“He’s able to and add to the cacophony when Carr, he created a portable unit, using communicate ideas so you can be a opposing attorneys begin speaking at off-the-shelf technology, that brings better person and a better lawyer.That the same time. Instead, judges extend high-tech functions into courtrooms. human side makes him different from an open hand like a cop stopping They call their low-cost alternative a lot of people in academia.” Defense traffic.The action usually hushes an to hardwiring “Port-a-Court” (see Clinic students represent real people attorney quickly. One new judge was page 8). charged with actual misdemeanors, and so thankful for the technique that at a In another efficient use of tech- Simon’s job is a balancing act of pro- chance meeting at a public swimming nology, Simon created an electronic viding students feedback while giving pool, he hailed Simon across the bench book called Trial Procedures and them freedom to learn.At that, crowd.“Hey Simon!” the judge yelled. Practices from the Judge’s Perspective Newville says,“He’s sincerely helpful.” “I love The Hand!” (http://law-judges.oit.umn.edu) so judges and attorneys can quickly find Judges in the classroom Less drunken driving, more information on frequently occurring Simon also enjoys providing pointers technology trial issues and problems. to newly appointed judges. In 1982, he Also in 1982, Simon started the As Simon puts it,“I’ve been busy.” created the Judicial Trial Skills Training Minnesota Criminal Justice DWI Task Program, a one-day course that involves Force, composed of judges, prosecu- By Todd Melby, a freelance writer and radio a mock trial focusing on evidentiary tors, defense attorneys, police officers, producer based in Minneapolis. www.law.umn.edu Perspectives SPRING 2011 33 > Student Per

Federal Bar Association Q&A event, Feb. 16, 2011, co-sponsored by American Constitution Society (ACS) and Black Law Student Association Class of 2011 members: Madeline Gallo, TORT performers Erin McDonald (’13), (BLSA), featuring Minnesota’s U.S. Attorney B. Todd Jones (‘83). Katrina Wessbecker, Justina Roberts, and Laura Vannelli (’11), and Laura Matson (’13) ACS President Brad Emmons (’12), U.S. Attorney Jones, BLSA Mikka Gee Conway at the all-alumni cocktail entertain at 2011 Scholarship Recognition President Tennille McCray (’12), FBA President Erica Davis (’12), reception on April 15 Dinner and Dean David Wippman

Student Profiles

ALMAZ SALMOORBEKOVICH responsibilities. He’s the father of two Penitentiary System Foundation, an KASYMBEKOV boys, ages 4 and nearly 1, and also one NGO in the capital city of Bishkek. 2010-11 HUMPHREY FELLOW of the top officials at a government For nearly four years, he fought to entity charged with improving food improve prison rights. His efforts production in the young country.“I weren’t always successful, though. want to make Kyrgyzstan a better A push for restorative justice failed. place for my kids,” he says. “It’s hard to change people’s minds,” Since earning a law degree from he says.“Many still believe that crimi- Kyrgyz-Russian Slavic University in nals are criminals and they need to 2001, Kasymbekov has been trying to be punished.” do just that—for all of the nation’s 5.5 In 2009, Kasymbekov switched million people. In his first job at the gears, taking a job as deputy director Ministry of Justice, he was assigned the with the Kyrgyz Agricultural and Food task of improving the nation’s prisons, Corp.While supervising a staff of 17 which were overcrowded, lacking in people, he works on legal compliance, rehabilitation programs, and deficient marketing, and public relations matters. in medical services for inmates. One of Kyrgyzstan’s challenges is to Kasymbekov attracted other young turn the food its farmers produce into professionals to help him modernize marketable products. Currently, foreign > When the Central Asian republic conditions.“We decided to change firms buy vegetables from Kyrgyzstan, of Kyrgyzstan won its independence everything,” he says. One of the then package and sell them to con- from Russia in 1991,Almaz reforms: a probation system for some sumers in other countries.As a result, Salmoorbekovich Kasymbekov was nonviolent offenders. Kyrgyzstan makes little profit.When barely a teenager. Now, 20 years later, That experience led him to a lead- he returns home, Kasymbekov aims to he’s a 33-year-old married man with ership position with the Support for change that.

34 Perspectives SPRING 2011 www.law.umn.edu spective

Michelle Dornberger (’11), top-prize winner (lunch with Dean for Academic Affairs Alex Klass and two friends) in Animal Law Society fundraiser to match faculty with their pets. Starbucks and Prestons gift Lindsey Yock (’11), Law cards went to Erica Davis (’12) and Kathy Wood School’s first J.D./M.D. (’12), second- and third-place winners Front row: Jenna Nand (’12), Phoebe Taurick (’12), NLRB Chairman Wilma Liebman, joint degree graduate Elizabeth Dahlstrom (’12), and Lynn Mueller (’12). Back row: David Aron (’11), Tyler Wiese (’11), Emily Adams (’11), Zachary Froelich (’12), Seth Thompson (’12), and Jeremy Eggerth (’12)

As a Humphrey Fellow, he’s filling One day in court, without warning, his his schedule with business classes at the father handed Elian the robe required Carlson School of Management. He’s for Egyptian lawyers and told him to been working on a business plan to speak to the judge.“I didn’t have time market crops.“I would really like to to argue,” Elian says (with his father, change something,” he says. Soon he’ll that is; he did advocate for his client). have his chance. Most Egyptian firms do not spe- cialize, so Elian got experience in criminal, civil, administrative, and busi- MOHAMED ELIAN ness law.After three years, he took a LL.M. CLASS OF 2011 job as an in-house attorney with an > During the height of Egypt’s Egyptian mobile phone company.The antigovernment protests, LL.M. student work solidified his interest in business Mohamed Elian of Cairo had trouble law. Meanwhile, he fell in love with a focusing on his studies. He devoured Minnesotan, and in 2009 they moved news from home via Alarabiya,Al to the United States. Jazeera,Twitter, Facebook, and other During his LL.M. work, Elian has sources.“I wanted to be part of it,” you can help us in the future.”The focused on business-related courses. he says. conversation convinced Elian to stay in Next he plans to study for the LSAT One day, the urge to go home was Minneapolis and carry on the tradition and GMAT in hopes of being admitted so strong, Elian was just one computer of his father and at least 50 of his rela- to the Law School and Carlson School click away from buying a plane ticket. tives, including many aunts and of Management in 2012. Then his phone rang. It was his older cousins, who are practicing attorneys. He also has been studying Islamic brother, Moatz.“Don’t come,” his After graduation from Cairo law with eye toward one day helping brother said.“There are no police. University Law School in 2003, Elian create an Islamic financial system for Thugs are scaring people.We’ll do took a job with his father’s firm, use in western nations and the Islamic what we can here for the revolution. Mamdouh Elian Law Office. His father world.“I want to be a bridge between You do what you need to do there so didn’t waste time breaking him in. the two cultures,” Elian says.

www.law.umn.edu Perspectives SPRING 2011 35 STUDENT PERSPECTIVE

CATHERINE KEDZUF She’s also busy in the larger com- students working on sustainable proj- CLASS OF 2011 munity, serving as a commissioner and ects in Bolivia and Honduras.The trips vice-chair of the Plymouth Advisory taught him that “life isn’t just about Committee on Transit. working at an engineering firm and Kedzuf has sampled several areas doing design,” he says. of law, including immigration and the Dammel began learning more environment. Since working as a law about environmental policy.At clerk at Blue Cross Blue Shield in Michigan Tech, he started “Popcorn 2010, she’s excited about specializing and Policy” nights, inviting experts in health care.“I like interpreting rules to speak to the student chapter of and applying them to a particular Engineers Without Borders on climate situation,” she says. change, ethanol, and other environ- Asked if one day she might run mental issues.After completing his for public office, Kedzuf replies,“It’s B.A., Dammel interned at the Union not something I see happening in the of Concerned Scientists on Capitol next few years. But if I can go into Hill. politics and be the type of person who At the University of Minnesota, represents the people in her district, he’s working simultaneously on a J.D. > Catherine Kedzuf likes to say then yes.” at the Law School and an M.S. in she “falls into things.”And that seems Science, Technology and to be true.The Plymouth, Minn., Environmental Policy at the native attended George Washington JOE DAMMEL Humphrey Institute of Public Affairs. University intending to study political CLASS OF 2012 That adds another year of graduate science. But it didn’t happen. She level coursework to the usual three majored in communications and geog- years of law school. raphy instead.The reason: She interned Dammel describes his academic across town for Rep. Jim Marshall work at the Humphrey Institute as (D-Georgia) for three years, working “policy for nerds.”And that’s a good in his office on constituent services thing. He’s convinced the world needs and other matters. So, she didn’t take people who understand the complex political science classes, Kedzuf com- nexus of science, law, and engineering. ments. “I just went to Capitol Hill.” For example, not many liberal arts Her communications major was majors can grasp hydraulic fracturing, a an outgrowth of her love of forensics. controversial natural gas drilling tech- In high school, she wrote a paper on nique that may damage water supplies. the Revolutionary War agitator James But Dammel does. He wrote about its Otis Jr.The geography major was the dangers for the Minnesota Journal of result of a semester at King’s College Law, Science and Technology, a Law London, where courses like “Historical School journal for which he was Geographies of Urbanism” opened > Joe Dammel’s mother is a recently elected editor-in-chief. her mind to new ways of thinking mechanical engineer and his father is After completing his joint degree about cities. an electrical engineer. Naturally in 2013, Dammel plans to work as a A high school volunteer speech enough, Dammel wanted to be an Congressional staffer or for an environ- coach, also a U.S. assistant district engineer, too. Or maybe a paleontolo- mental nonprofit organization or the attorney, had encouraged Kedzuf to gist, meteorologist, or naturalist. In the U.S. Environmental Protection Agency. consider studying law. So during her end, the Bloomington, Minn., native Meanwhile, he’ll be studying policy. senior year in college, she took the settled on environmental engineering. LSAT and applied to the Law School. “I was predestined to be an engineer,” On campus, Kedzuf immersed he says happily. LAURA COWAN herself in the Law School community. During his freshman and sopho- CLASS OF 2013 For the past two years, she’s been co- more years at Michigan Technological > As a teenager in suburban Des president of the Women’s Law Student University, Dammel assumed he’d get Moines, Iowa, and as an undergraduate Association.That experience prompted an engineering job after graduation. at Iowa State University, Laura Cowan her to run for the Law Council, and But a series of events changed his dreamed of living in New York City. in 2010 she was elected president. mind. He played golf with an environ- When she completed her accounting Those activities earned her the 2011 mental attorney who suggested he degree, she took the arduous C.P.A. President’s Student Leadership and consider law school.And he joined exam. Few people pass all four sections Service Award. Engineers Without Borders, leading immediately, and neither did Cowan.

36 Perspectives SPRING 2011 www.law.umn.edu STUDENT PERSPECTIVE

But she did pass, and that was her ticket New York: Sept. 11, 2001. She was to the Big Apple.“I used that to pole- working on the 48th floor of 1 New vault myself to New York,” she says. York Plaza, just a few blocks south of The city met all her expectations. the World Trade Center. When it col- “You get to New York and everything lapsed, Cowan was on a nearby street. imaginable is possible,” she says. The force of the building’s disintegra- Including career advancement. Cowan tion blew her shoes off, and she was arrived at Ernst & Young as an quickly covered with ash.“I truly accountant transfer from the Des thought I was going to die,” she says. Moines office. Soon, she landed a job But that awful moment didn’t diminish at Goldman Sachs.Then it was on to a her regard for the city.“It made me hedge fund before overseeing the per- love New York even more,” Cowan sonal finances of a billionaire, and later, says.“We all came together.” a multi-millionaire. After a decade in accounting, Cowan also immersed herself in Cowan decided she was ready for a the city’s culture by volunteering at the new challenge.The Law School was And after graduation? “I don’t know New York City Ballet.When buying her first, and only, choice. She applied exactly what type of law I’ll practice,” tickets, she carefully selected perform- via Early Decision and was accepted.“I she says.“But I do know there will ances based on who was dancing.“I was ecstatic,” she says. be options.” followed ballet like some people follow During her next two years at the the Yankees,” she says. Law School, she plans to take classes By Todd Melby, a freelance writer and radio Her most dramatic moment in that tap into her financial expertise. producer based in Minneapolis

HAPPENINGS ON STUDENT JOURNALS Law Council Member Changes

New Student Editors • Emily Unger, “Solving Immigration The 2010-11 Law Council had a great All 2011 editors are in the class of 2012: Consultant Fraud Through Expanded year, thanks to the contributions of its ABA Journal of Labor & Employment Federal Accreditation” members and of many members of the Law (2011–12) • Phillip Walters, “Would a Cop Do administration, faculty, and staff, espe- • Seth Thompson, editor-in-chief This? Ending the Practice of Sexual cially Dean David Wippman, Dean Erin • Phoebe A. Taurick, lead managing Sampling in Prostitution Stings” Keyes, Amber Peifer, Noelle Noonan, and editor Minnesota Law Review (Vol. 26, Issues Kristen Quevi. Please join me in thanking Law and Inequality: A Journal of Theory 1 and 2) everyone and in welcoming the new and Practice (Vol. 30) • Brad Emmons, “Tortured Language: 2011-12 members. • Tennille McCray, editor-in-chief ‘Individuals,’ Corporate Liability, and • Jennifer Singleton, executive editor the Torture Victim Protection Act” THANK YOU, 2010-11 MEMBERS Minnesota Journal of International Law (Issue 2) • Class of 2011: Chelsea Brennan, (Vol. 20, No. 2) • Robert Hanna, “Federalism in Adam Tomczik, Matthew Webster • Charles Sutton, editor-in-chief Bankruptcy: Relocating the Doctrine • Class of 2012: Kevin Chicas, Jenna • Jessamyn Tonry, editor-in-chief of Substantive Consolidation” Cieslak, Sanjiv Laud, Kathryn Saylor • Emma Phillips, executive editor (Issue 2) • Class of 2013: Alexis Reller, Chris Minnesota Journal of Law, Science • Daniel Iden, “Combating Joint Schmitter, Nicholas Thompson & Technology (Vol. 13) Ventures in Suppression: Taking • Joseph Dammel, editor-in-chief Inventory of the Legal Arsenal” WELCOME, 2011-12 MEMBERS • Michelle Mercer, executive editor (Issue 1) • President: Sanjiv Laud (’12) Minnesota Law Review (Vol. 96) • Elise Larson, “In Deep Water: A • Jenna Cieslak (’12), 3L representative • Matthew J.M. Pelikan, editor-in-chief Common Law Solution to the Bulk • Alexis Reller (’13), Chris Schmitter • Nadia Aboussir, lead managing editor Water Export Problem” (Issue 2) (’13), Nicholas Thompson (’13), Student Authors • Mark Thomson, “Who Are They 2L representatives Congratulations to class of 2012 authors to Judge? The Constitutionality of • Kevin Ha (’13), Student Senate with upcoming publications: Delegations by Courts to Probation representative Law and Inequality: A Journal of Theory Officers” (Issue 1) and Practice (Vol. 29, Issue 2) • Margaret Wade, “The Sartorial By Catherine Kedzuf (’11), 2010-11 President • Brett Mares, “A Chip off the Old Dilemma of Knockoffs: Protecting Block: Familial DNA Searches and the Moral Rights Without Upsetting African American Community” the Fashion Dynamic” (Issue 1) www.law.umn.edu Perspectives SPRING 2011 37 STUDENT PERSPECTIVE

Student News >

Tyler Wiese (’11) Accepted Carl Engstrom (’12) Helps to racial justice and public service. for NLRB Honors Program Explain Puzzling Verdict RaShya Cunningham (’13) was one Selection for the 2L Carl of ten law students nationwide to Honors Program of Engstrom had receive the LDF’s Earl Warren the National Labor an opportunity Scholarship in 2010, named after the Relations Board to sharpen his 14th Chief Justice of the U.S. Supreme (NLRB) is a highly writing and Court, whose stewardship in the 1950s competitive investigative and 1960s assisted in ending U.S. school process. Applicants skills as a law segregation and transforming the must be a 3L, clerk at Skjold country’s legal landscape. graduate law stu- Parrington when The scholarship, which varies in dent, or judicial he and attorney amount depending on the year and law clerk and are judged on academic Benjamin Skjold looked into the unusual recipient, is awarded on the basis of achievement, writing experience, rele- verdict in the case of Moore v. Hoff dedication to social justice and the vant course work, moot court and clinic (No. 27-CF-09-17778). ability to successfully train as a civil participation, and experience in labor The case, heard March 11, 2011, in rights or public interest attorney. and employment matters. Hennepin County District Court, involved Recipients were required to be accepted This winter, Tyler Wiese (’11) learned a suit by Jerry Moore against blogger as first-year students at an accredited that he has been selected for the 2011 John Hoff for defamation, tortious U.S. law school, demonstrate financial NLRB Honors Program and will work in interference with contract, and tortious need, and show community and school the Office of the General Counsel. interference with prospective economic involvement and good academic Assignments focusing on development advantage. The jury found Hoff innocent standing. They are expected to maintain and implementation of federal labor law of defamation but liable on the last two good academic performance and attend and policy will include rotations in the counts. a civil rights symposium held annually in Division of Enforcement Litigation and Skjold and Engstrom published “Free Warrenton, Va. the Division of Advice. Speech Threat or Misled Jury? Verdict Last fall, Cunningham submitted a The two-year program offers broad Against Blogger ‘Johnny Northside’ video diary to LDF in which she experience in court, labor law, and civil Likely the Result of a Flawed Special described her reasons for choosing the practice matters. Typical activities of Verdict Form” on Skjold Parrington’s Law School and her early experiences. In Honors Program participants involve Web site. They revealed for the first time January 2011, after completing her first drafting briefs and memoranda, omission of a critical element on the semester, she posted a second diary reviewing investigative files for suitability Special Verdict Form used by the jury, with her thoughts on her classes, profes- of appeal, and appearing before federal which likely led to the confusing out- sors, and classmates. bankruptcy and district courts as a rep- come. Their article was cited on the ABA Both video diaries, along with those resentative of the Board or General Journal and Minnesota Lawyer Web sites. of other scholarship recipients, are avail- Counsel. Assignments may come from To read the full story, go to March able at http://naacpldf.org/scholarship- the Office of Appeals or one of several news at www.law.umn.edu. recipients-video-diaries. branches. At completion of the program, participants are assigned to an office RaShya Cunningham (’13) National Moot Court Team within the Office of the General Counsel. Describes Law School in Competes in Finals in Wiese, the 2010-11 editor-in-chief of Video Diary New York the ABA Journal of Labor & Employment The Legal Defense and Educational Fund Both of the Law School’s National Moot Law, clerked in the NLRB’s Minneapolis (LDF) of the National Association for the Court teams participated in Region 14 regional office in the summer of 2010, Advancement of Colored People began Moot Court Competition semifinals at and he studied comparative law in the in 1940 under the leadership of Drake University Law School in study-abroad program at China’s Thurgood Marshall. Its Scholarship November 2010, and the Respondent Renmin University in the summer of Program helps team earned a spot in the national finals. 2009. In the 2009-10 academic year, students attend Respondent team members Cortney Wiese was named the University of the nation’s best Jones, Emily Van Brunt, and Katrina Minnesota Labor Law Student of the schools to Wessbecker, all 3Ls, advanced to the Year by the Minnesota State Bar become the next National Moot Court Competition final Association and won a book award generation of rounds in New York City, Jan. 31 to Feb. in labor law. leaders committed 3, 2011.

38 Perspectives SPRING 2011 www.law.umn.edu STUDENT PERSPECTIVE

Human Rights Clinic Brief Cited by U.S. Court of Appeals Judges An amicus curiae brief drafted by the Law School’s Human Rights Litigation and International Legal Advocacy Clinic was cited by two circuit judges in a recent oral argument before the U.S. Court of Appeals of the District of Columbia. Prof. Fionnuala Ní National Moot Court students (all class of 2011): Front row: Aoláin signed the brief, which was Cortney Jones, Emily Van Brunt, James Fuller, and Nora drafted by Prof. Jennifer Green as Crumpton. Back row: Faculy Advisor Prof. Bradley Clary (’75), Counsel of Record and by student Administrative Director Michael Gavigan, Cicely Miltich, and attorneys Astrid Brouillard (’12), Anne Back row: James Horvath (’12), Prof. Jennifer Green, Katrina Wessbecker Fuchs (’12), James C. Horvath (’12), and Leo Twiggs (’11). Middle row: Anne Fuchs (’12) and Melissa Muro Lamere (’12), Nathaniel Astrid Brouillard (’12). Front: Melissa Muro Lamere (’12) More than 180 teams from 124 law Nesbitt (’11), Feras Sleiman (’12), and schools participated in the 14 regional Leo Twiggs (’11). Indonesia during an Indonesian civil war competitions last fall. 3Ls Nora The Clinic submitted the brief for the should be addressed by Indonesian insti- Crumpton, James Fuller, and Cicely appellant in the case of John Doe, et al tutions. It further argues that corpora- Miltich made up the Law School’s v. Exxon Mobil Corporation, et al (09- tions cannot be sued under the Alien Tort Petitioner team. Twenty-eight regional 7135, filed in November 2009). It Statute because there is no precedent champions and runners up traveled to involves Indonesian villagers’ claims that under international law to hold corpora- Manhattan for the 2011 final rounds. Indonesian military personnel hired by tions liable for human rights violations. The National Moot Court Competition, Exxon to guard a natural gas facility U.S. Court of Appeals Judges David the oldest moot court competition in the committed torture, extrajudicial execu- W. Tatel and Judith W. Rogers turned to world, is co-sponsored by the American tion, and prolonged arbitrary detention the Nuremberg Scholars to assess the College of Trial Lawyers and the New against Indonesian citizens. proper historical view of legal actions York City Bar Association. First-place The plaintiffs, Indonesian nationals, against corporations under international honors this year went to Texas Tech seek redress for their injuries through law. The brief, signed by Prof. Green, University School of Law. the Alien Tort Statute, the Torture Victim describes actions of the international The Law School’s National Moot Protection Act, and the local laws of the body governing occupied Germany after Court teams have advanced to the District of Columbia and Delaware World War II to hold persons and corpo- national finals eight times in the last nine against the Exxon defendants for the rations accountable for violations of years. Coaches for this year’s teams acts of personnel under their control. international law. were Clinical Professor Brad Clary (’75) The defense maintains that actions by and Adjunct Professor Kristin Sankovitz. Indonesian soldiers against citizens in By Valerie Figlmiller, communications assistant

WLSA Sponsors Service Events to Aid Community

> The Women’s Law Student the two events totaled 87 units of blood, which WLSA focuses on the role of women in Association (WLSA) held several successful and can be used to save up to 261 lives. The the law and the effects of legal doctrines and beneficial service events at the Law School this Memorial Blood Center supplies blood and blood practice on issues integral to women. It helps year, reports the organization’s Community components to more than 30 hospital partners students connect with practicing lawyers, judges, Service Coordinator Shardé Thomas (’12). throughout Minnesota and northwestern and professors and become part of the local Last fall, WLSA and the Black Law Students Wisconsin. legal community. In addition to organizing var- Association co-hosted a food drive that col- In April, WLSA members participated on a ious community service events, WLSA sponsors lected 126 pounds of food for Second Harvest team in the annual spring Race for Justice 5K many speaking and networking events, professor Heartland. In addition, WLSA held a blood drive Fun Run & Walk, which raises funds for the Loan and judicial luncheons, works with Minnesota last fall and another one in March in cooperation Repayment Assistance Program of Minnesota to Women Lawyers, and runs the Law School’s with the Memorial Blood Center. Donations at benefit graduates going into public law. used-book room.

www.law.umn.edu Perspectives SPRING 2011 39 STUDENT PERSPECTIVE

Harry Torter CONQUERS INJUSTICE IN TORT PRODUCTION

The Law School’s Theatre of The singers, dancers, band members, & Byron; Robins, Kaplan, Miller & Ciresi; the Relatively Talentless (TORT) and crew worked hard to transform law Gray Plant Mooty; Westlaw Next; brought record crowds to its ninth school into a truly magical world through Shumaker & Sieffert; Barnes & annual musical, “Harry Torter and the such songs as “Wizards in the Law Thornburg; and the University of Magical Law School,” on March 4-5 at School,” “Sue You,” and “One Case More.” Minnesota Bookstore. Additional support the Pantages Theatre in downtown Law School Dean David Wippman; was provided by the Law Council and Minneapolis. Professors Carol Chomsky, Brad Clary the Graduate and Professional Student This year’s show told the story of the (’75), Prentiss Cox (’90), Richard Frase, Assembly. Plaintiff-Who-Lived, Harry Torter. Claire Hill, George Jackson, Heidi Producers Brad Hammer (’12) and Orphaned by the evil wizard and trial Kitrosser, Fred Morrison, and Judith Chris Walker (’11) extend a special thanks lawyer Voldetort and left to live under Younger; and the Law School’s Benjamin to Kate Manske for her wonderful art- Justice Scalia’s staircase, Harry learned Johnson, Vic Massaglia, Susan Miller, and work; Anneliese Stuht, Steve Olson, and the truth of his parents’ demise and Amber Piefer appeared in the production. the entire Pantages staff and crew; Dean began his Law School quest to discover Gov. Mark Dayton; Judges Jeanne Wippman and the Law School; Student the ways of Wizard Law. Harry and his Graham, John Tunheim (’80), and Joan Organization Director Amber Piefer; and friends sang their way through their first Ericksen (’81); and Minnesota Supreme the career, admissions, communications, year as they were sorted into sections, Court Justices G. Barry Anderson (’79) advancement, and information tech- faced oral arguments, and battled at and Christopher Dietzen accepted the nology offices. The show couldn’t go broomball. Not all was fun and games, invitation traditionally extended to on without their support. however. Harry fought and defeated prominent members of the Twin Cities Members are already working hard to Voldetort and put an end to legal community to play cameo roles. make TORT’s 10th anniversary show one injustice forever! All members of the 2011 TORT pro- to remember! For more information Like all TORT productions, the musical duction offer their thanks to corporate about TORT and its productions, please was written, directed, produced, and sponsors Leonard, Street and Deinard; visit www.lawschoolmusical.com. performed entirely by Law School stu- Dorsey & Whitney; Oppenheimer Wolff & dents, with reckless disregard for talent. Donnelly; Faegre & Benson; Fredrickson By Bradley Hammer (’12)

> It’s the same every semester. As exams approach and pressures mount, people begin to forget about life’s little pleasures. That’s the cue for pet therapy dogs and their volunteers to spend a tail-wagging day on the Law School’s subplaza level. The dogs offer “a smiling, happy face,” says Law Council representative Nick Thompson (’13). And to those who are homesick and miss their pets, it’s like having “a pet for a day.” Pet therapy day is part of the Law School’s larger “Life Balance” week, aimed at helping students learn to manage stress and make time for fun, skills they’ll need in PET THERAPY DAY their professional lives as well.

You can see the therapists in action at www.youtube.com/watch?v=TsbyD8845s8.

40 Perspectives SPRING 2011 www.law.umn.edu STUDENT PERSPECTIVE

1L Volunteers Find Inspiration in El Paso

> Some first-year University of Erickson wrote Minnesota Law School students took memos on advantage of winter break in January discrimination, to volunteer a week of their time in drafted motions the Paso del Norte Civil Rights Project for discovery and in El Paso,Texas.Arranged through the contempt, and Law School’s Asylum Law Project, the researched immi- program allows 1Ls to gain hands-on gration legislative experience while filling a critical need issues in Texas in the community they serve. and New Graham Berg-Moberg, Justin Mexico. “The Erickson, Betsy Fruechte, Gordon amazing thing Knoblach, Nathan Salminen, Scott was how much Sorenson, Kim Wager, and Stephanie I used from my Yang had various reasons for partici- first semester of pating in the project. Some had an school,” he says. interest in Hispanic culture or diversity, “Though I others wanted to see public interest barely felt qualified before I went on El Paso volunteers (class of 2013): Front row: Betsy law and advocacy at work.All wanted the trip, I found that I was already able Fruechte, Stephanie Yang, and Kim Wager. Back row: to get involved and make a positive to do an incredible amount of legal Scott Sorenson, Gordon Knoblach, and Justin Erickson difference. work after a just a few months at the Their undergraduate degrees also Law School.” covered a wide range, from philosophy Fruechte worked on a new case for and legal work required. Economic and the classics to finance and eco- the Economic Justice Program, totaling Justice Attorney Chris Benoit super- nomics. Three had degrees in Spanish, up the hours a plaintiff had worked and vises the volunteers and was a great including Fruechte, who says it came the wages she should have received. help and resource, the students say.“He in handy when the group attended a “The totals were shocking,” she says, had a number of projects for us to do, workers’ meeting organized by Paso “and it really made me appreciate the and each one seemed to be at a dif- del Norte’s Economic Justice Program good the organization does for its ferent stage in the legal process,” and conducted in Spanish.“I attempted clients who don’t know their rights Fruechte observes. to translate for the other volunteers,” and are being taken advantage of.” The Asylum Law Project has been she says, so they could follow the dis- Salminen was impressed with the sending volunteers to work over their cussion on convincing employers to strategy the organization uses to deal winter and spring breaks at nonprofit pay minimum wage and the overtime with its high volume of low-dollar- organizations at U.S. points of entry pay the workers were due. value wage-theft cases. Its method, since it was founded in the early Knoblach, also a Spanish-speaker, applying pressure through community 1990s.The work of 1Ls in representing says he was “prepared to encounter a organization and using the legal system immigrants and asylum-seekers is vital very Latino town” but was still sur- as a backup position,“worked very to programs in El Paso, Miami, and prised “at the feel” of El Paso. But well and was quite interesting to see in other locations. the students had little time to contem- action,” he says. The students, too, gather benefits, plate their environment.The morning The Paso del Norte Civil Rights both concrete and intangible.“I left after their arrival they had a training Project in El Paso, a satellite of the that week thinking I accomplished session, and by afternoon they were Texas Civil Rights Project, has grown some real ‘lawyer’ work. I was able to working on assignments. Knoblach’s from a lone staffer at a rented desk in work on the skills and ideas I learned main task “was to read through four someone else’s office in 2006 to today’s first semester, which was extremely depositions, totaling around 500 pages, seven full-time staff in their own office rewarding,” Knoblach says, and the and create summaries and reference building. Many of its services involve experience “was great for putting sheets for the attorney to use at trial representing its West Texas and my coursework into perspective.” for countering witness testimony or Southern New Mexico clients before Erickson agrees that the work pro- impeaching witnesses.” Citizenship and Immigration Services vided a practical framework for his While not as deep as measured in and in state, federal, and immigration education, plus it had another impor- inches, the assignments of the other courts. It depends on interns and vol- tant effect:“It made me excited to students were similarly substantive. unteers to do much of the investigative continue my legal studies.”

www.law.umn.edu Perspectives SPRING 2011 41 > Alumni Pers

2006 classmates Andrew Davis, Stephanie Bitterman, and Jason Adkins celebrated five-year reunion at Stella’s in Uptown Stephen Simon (’71), Hilary Caligiuri (’96), and Jim Lindell (’77) enjoyed all-alumni cocktail reception April 15, kicking off Spring Stephen Peterson (’67), Howard Bergman Alumni Weekend (’81), and Russell Anderson (’68) at the all-alumni cocktail reception on April 15

Alumni Profiles

JOYCE HUGHES back against any restrictions on Blacks, course but not in the same course CLASS OF 1965 any restrictions on women.” taught by a Caucasian male, left After studying in Spain on a Hughes feeling less respected than Fulbright Scholarship, Hughes joined other faculty.As she prepared to file nine other women at the Law School. suit in 1974, she took a break and a Four of them graduated, including visiting teaching position at Hughes, the first Black woman to earn Northwestern University Law School. a J.D. from the Law School.“They Five years later, she was tenured. She trained me well in legal analysis and teaches evidence, immigration law, the writing, and my Law Review experi- 14th Amendment, and a seminar on ence was helpful,” she says. refugees and asylum, and has served on She was also the first Black, and the Illinois Supreme Court’s first first woman, to clerk for a U.S. District Committee on Rules of Evidence and Court judge in Minnesota, Earl R. on the Joint Center for Political and Larson (’35).After that “magnificent Economic Studies’ Committee on experience,” she practiced law at Policy for Racial Justice. Howard, LeFevere in Minneapolis until Hughes thrives on intellectual the Law School recruited her in pursuits, whether writing scholarly > Joyce Hughes decided to 1971—the first Black woman in the articles, attending plays, or discussing study law when a law school recruiter country in a tenure-track position at a novels in her book club.Yet she derives suggested that the school was not white-majority legal institution. the greatest satisfaction from engaging going to “use up a spot” on her.That In 1972, the faculty proceedings and influencing law students.“You was one of many times Hughes has after a student complaint, to change can actually see the difference between heeded her mother’s advice to “push grading to pass/fail in her section of a the first day of class and the last day,

42 Perspectives SPRING 2011 www.law.umn.edu pective

Genie and Joe Dixon (’69) Jeannine Lee (’81), Howard Bergman (’81), and at the all-alumni cocktail Kris Erickson (’72) at the all-alumni cocktail reception on April 15 reception on April 15

The Honorable Joan N. Erickson (’81), Janet Schutz, Ronald Schutz (’81), Bill Habicht (’81), Chuck Salter (’81), and Greg Madsen (’81) celebrated 30-year reunion at Campus Club

even though you will not know until period,” he recalls.“We felt we had to years later the impact you had on act to reduce damage and the cost to students,” she says.“Part of what law people’s lives.” students are training to be is advocates A volunteer for several drug- and to push back.”And she knows fighting boards and committees, how to teach that. Noerenberg became president of the National Alliance for Drug Endangered Children in 2010.Whether working CHUCK NOERENBERG from his Minneapolis home or CLASS OF 1982 National DEC’s Colorado headquar- > Chuck Noerenberg’s lifelong ters, he is driven by one conclusion: commitment to doing “good works” “Drugs + Children = Risk.” led him to a career in which criminal Navigating a maze of disparate state justice and drug policy have been laws and agencies, Noerenberg and his central themes. During 16 years with colleagues work on behalf of children the Minnesota Legislature, he con- who are in danger because their par- ducted and directed research and and rewarding work,” he says. ents or caregivers use, deal, or manu- formulated policy on issues ranging In 2007, Pawlenty made facture drugs.And the nonprofit trains from gambling and sex offenses to Noerenberg the state drug policy practitioners working in child protec- veteran and military affairs, plus he coordinator, and he spent months tion, emergency services, law enforce- served as a senior policy advisor to meeting with legislators, staff, experts, ment, health care, education, and drug Gov.Tim Pawlenty.“The opportunity and stakeholders to compile a 2008 treatment and prevention.“We have to identify very specific areas in law or report on the impact of methampheta- some amazing stories of practitioners resources or policy that could make a mine abuse and related laws enacted in who realize that with some fairly difference was intellectually stimulating 2005.“That was a very visible, intense simple shifts in perspectives or who

www.law.umn.edu Perspectives SPRING 2011 43 ALUMNI PERSPECTIVE

they reach out to, they can have dra- helping individuals regain their life, matically different impacts,” relates helping them get a sense of dignity Noerenberg. In a job that is trying to they may not have had for a number change government systems, he notes of years.You’re their advocate, and that “law is good training for working they feel they couldn’t have done it across systems.” without you.” A dedicated volunteer, he has Unabashedly grateful to the Law served two terms on the Law School School, Barton chose Minnesota for Alumni Board and says he’s gratified its reputation, personal attention and, that his “nontraditional” perspective is especially, the clinics.The Misdemeanor valued. His antidotes to intense work Defense Clinic was his top Law School and travel are canoeing and “good experience.“The practical application music of all kinds.” They give him the is more interesting than just the energy to keep intervening for chil- theory,” he says.As a clerk in the U.S. dren at risk. Attorney’s office in Minneapolis, he applied theory and practice, including in Duluth, Mugaas has learned a lot arguing an Eighth Circuit Court case. from “working with two very dif- ROBERT BARTON Now involved in a demanding ferent, distinguished judges.” Chief CLASS OF 2009 practice, Barton says he draws on “the Magistrate Judge Raymond Erickson Midwestern work ethic and positive retired halfway through her two-year attitude instilled in people who grad- clerkship, and she now works with uate from the U of M.” In law school, Chief Magistrate Judge Leo Brisbois. you have a couple weeks to prepare for “You gain confidence and really an exam, but “in practice, you have a step into your position as a lawyer” couple hours to figure out what the through clerking, she says. Calling the law says. It’s a lot more in-depth, a lot critical thinking and communications faster.That’s the thing that’s exciting. skills she gained at the Law School It’s kind of like a race.” “the touchstone and backbone of Barton admits,“I love what I do, everything you do,” Mugaas appreciates but sometimes you need to let it go.” the opportunity to observe different Frequenting comedy clubs and playing lawyers’ strategies and styles and to in a lawyers’ basketball league keep research and analyze a variety of cases him on his toes for the next challenge. in all stages. She has made direct rec- ommendations about both local and federal criminal and civil matters. > By the time Robbie Barton was EMILY MUGAAS The English major finds that the ready to practice Indian law, the CLASS OF 2009 job is changing her writing.“To drive economy had tanked and tribal > Emily Mugaas chose law school home your main point, you may repeat development funds were scarce. because she values variety, versatility, more than if you were telling a story,” “All the stars aligned” at a job fair in and public service.“One of the good she observes.“In a time crunch, having Washington, D.C., where Holland & things about law is that no matter what developed a pattern and formulas for Knight of Los Angeles offered him a you end up doing, there are always writing does really help.” position in Private Wealth Services. ways to get involved in public service,” Mugaas grew up in Thief River Barton had neither coursework nor she says. Falls and previously clerked at Legal experience in trusts and estates law, but Spending an undergraduate year in Services of Northwest Minnesota in he is not one to back away from a Sweden in a development and conflict Bemidji.While in Duluth, she’s taking challenge.“Preparation is the key to resolution program spurred her interest full advantage of hiking, biking, and success.You need to take the extra in “hands-on problem solving,” and at running trails. Her post-clerkship plans time to read the treatise or the practice the Law School Mugaas sought oppor- are open, but no one would be sur- guide or whatever,” he says. If you do, tunities to gain practical skills and prised to find her in public service and “things work out.” engage the legal community. She outside the Twin Cities.“I think public Things are working out for worked with the Bankruptcy Clinic as service is really important to the justice Barton’s clients, too, especially elder an attorney and director and volun- system as a whole,” she says,“and it’s abuse victims in conservatorships. teered with Street Law, the Battered important that the legal profession Barton didn’t expect to find such Women’s Legal Advocacy Project, continues to serve greater Minnesota.” deeply satisfying work with individuals Hennepin County Self-Help Centers, at a large firm.“They need their inter- and other organizations. By Karen K. Hansen, a Minneapolis-based ests cared for,” he explains.“You’re Now a clerk in U.S. District Court freelance writer and clarinetist

44 Perspectives SPRING 2011 www.law.umn.edu ALUMNI PERSPECTIVE

brings out spice in alumni

1 2 3

4 5 6

More than 100 alumni and guests attended the Law School’s inaugural salsa and 1. High-chips winners Heidi and Jeff Post (’96) casino night, “A Night in Havana,” on Feb. 25, 2011. The evening included delicious 2. Nadia Hasan (’06) (in black) teaching salsa dancing Latin-influenced foods, casino games, a poker tournament, and lively and spirited 3. Poker tournament champion Adam Hansen (’08) dancing with music by Salsa del Soul. Khary Hornsby (’05) and Nadia Hasan (’06) and Dean David Wippman provided informal salsa-dancing lessons. 4. Dean Wippman, alumni, and friends playing poker Dean David Wippman made it to the final table of high-stakes hold ‘em poker, 5. Chief Judge Michael Davis (’72) ) and Tom Conlin (’82) only to be knocked out by 1L Christopher Bova. In the showdown between Adam 6. Professor Brad Clary (’75) and his wife, Mary-Louise Hansen (’08) and Ryan Kaess (’99), Hansen emerged as the Night in Havana poker champion. For more photos, go to the alumni events section of the e>Community at www.community.law.umn.edu. THANK YOU TO THE SPONSORS:

www.law.umn.edu Perspectives SPRING 2011 45 ALUMNI PERSPECTIVE

Alumni News and Awards >

Paige Donnelly Catharine F. Howard J. (’59) was hon- Haukedahl (‘79) Bergman (’81) ored by the was selected by joined the Law Minnesota the board of School as Association for directors of Mid- counsel in resi- Justice with its Minnesota Legal dence on April 1, Lifetime Assistance 2011, and will Achievement Award at the 2010 annual (MMLA) to be the organization’s new assist the Law School as it expands its convention in Alexandria, Minn. The executive director. She assumed her business law programs and its connec- award is given to individuals who exem- responsibilities for fulfilling the mission tions with the larger business commu- plify the pursuit of justice over a lifetime and goals of the multi-office, 60- nity. He recently retired after 25 years of legal work. Donnelly, a personal injury attorney program on Feb. 16, 2011. She with 3M’s Office of General Counsel. He attorney in St. Paul for 50 years, was was MMLA Deputy Director for the Legal was Assistant General Counsel for 3M’s selected for his service to injured people, Aid Society of Minneapolis for the past Consumer & Office Business from 2010 willingness to take cases to trial, and out- eight years, a position now filled by until he retired, leading a team providing standing success on behalf of his clients. Greg Marita (’91), who has been super- legal counsel regarding strategic plans, visor of the Senior Law Project in the channel management, business conduct, Minneapolis office for seven years. and other issues. From 2004-09, he was Robert P. Haukedahl serves on the Law School’s 3M’s General Counsel for Europe, the Christensen (’74) Board of Advisors. Middle East, and Africa and lived in was named 2011 Belgium while overseeing 30 national dean-elect of the subsidiaries and 20 national branches. Academy of David Kastelic From 2000-04, he was Assistant Certified Trial (’80) was named General Counsel in 3M’s Health Care Lawyers of executive vice Business, which developed and sold Minnesota (ACTLM). He will lead plan- president and medical supplies and related products. ning and membership recruitment, serve chief financial Bergman chaired the Minnesota State on the executive board, which oversees officer respon- Bar Association Antitrust Section in daily operations, and serve on the sible for finance, 2002-03 and the 3M Office of General Judicial Endorsement Committee, which accounting, and risk management at Counsel Antitrust Practice Group in assesses candidates for judicial election. CHS Inc. and assumed his duties in 1996-2004, and he co-chaired the 3M A trial lawyer for more than 35 years, January. He joined the CHS Legal Office of Intellectual Property Counsel Christensen has practiced across Department in 1993 and has been senior Antitrust Committee in 2001-04. Minnesota and the nation on trial and vice president and general counsel since appellate levels in state and federal 2000. St. Paul-based CHS is a diversified courts. In 1991, he established Robert P. grains, crop nutrients, foods, energy, and Tim Marx (’83) was appointed CEO Christensen PA, specializing in defective- business solutions company and is the of Catholic Charities of St. Paul and product cases and claims brought under largest producer-owned farm coopera- Minneapolis, effective April 4, 2011, the Federal False Claims Act. tive in the nation. by Archbishop John C. Nienstedt. To

This is the fourth year of the Law School’s Partners at Work Join the challenge, a friendly competition to increase alumni participation at local, national, and international organizations employing five or more Law School alumni. The challenge currently includes over 30 law firms and corporations and over 900 alumni. We hope the participation rate, which remained steady at 56% last year, will reach 60% for the first time this fiscal year (ending June 30, 2011). Thank you, participants, for your generosity and commitment to the Law School. To learn more, please contact Evan Johnson at 612-625-6584 or [email protected].

46 Perspectives SPRING 2011 www.law.umn.edu ALUMNI PERSPECTIVE

prepare for his dations toward improving civil case new position processing in a final report to the Michael J. at the largest Supreme Court due by Dec. 31, 2011. Rothman (’88) nonprofit social Among the task force members are was named service agency Jeanette Bazis (’92), Kathryn Bergstrom Minnesota’s in Minnesota, (’91), Gregory Bulinski (’79), Brad Clary Commissioner of Marx left his job (’75), Daniel Heuel (’78), the Hon. Eric Commerce by as executive Hylden (’87), Richard Pemberton (’57), Gov. Mark Dayton director of New York City Common and Timothy J. Pramas (’93). and assumed his new responsibilities on Ground in January to work with Catholic Jan. 12, 2011. Dayton commented that he Charities staff and board members. Paul had charged Rothman with “restoring a Martodam is serving as co-CEO until David J. McMillan consumer response and protection ethic Marx is fully on board and then will (’87) was one of to the agency, and to making it again a become Catholic Charities’ chief strategy four new mem- consistent and responsible regulator of officer. Catholic Charities works to end bers appointed business practices.” Rothman formerly poverty and homelessness in the Twin by the Minnesota had been a shareholder and co-chair of Cities and helps about 37,000 people State Legislature the insurance and financial services each year, regardless of faith. to a six-year term practice group at Winthrop & Weinstine. on the University of Minnesota’s Board He also has been an adjunct professor at of Regents and sworn in on Feb. 21, 2011. the Law School teaching insurance law Louise Dovre He represents Minnesota’s Eighth and regulation. Bjorkman (’85), Congressional District, which includes a judge on the Duluth. He serves on three of the Board Minnesota Court of Regents’ standing committees—the Joan Humes (’90) of Appeals, Litigation Review Committee, the was promoted to was named chair Facilities Committee, and the Faculty, Vice President of the new Civil Staff and Student Affairs Committee— and Deputy Justice Reform Task Force appointed which report on issues affecting the General Counsel by the Minnesota Supreme Court in University and its units, make policy rec- for Litigation and December 2010. It is charged with ommendations, and act on consent Investigations at evaluating the findings of a report issued reports. McMillan began his career with Medtronic Inc. and will be a member of by the Civil Justice Forum on changes ALLETE, a Duluth-based energy com- the senior Legal Team Leaders group. in the civil justice system that have the pany, in 1989 and now is Senior Vice She joined Medtronic in early 2010 with potential to increase cost-effectiveness President of Marketing, Regulatory and the responsibility of managing govern- and efficiency. The earlier Civil Justice Public Affairs as well as Executive Vice ment and internal investigations and Forum reviewed and ranked existing President of ALLETE subsidiary related litigation matters. She had previ- initiatives that deserve further study. Minnesota Power. He has been an active ously been with UnitedHealth Group, The new Civil Justice Reform Task Force member of the Minnesota Chamber of first as Senior Deputy General Counsel will evaluate those initiatives and their Commerce and chaired its board of and, since 2008, as General Counsel for possible effects and provide recommen- directors in 2009-10. the Public and Senior Markets Group.

Employer Partners Akin Gump Faegre & Benson Lindquist & Vennum Robins, Kaplan, Miller & Ciresi Bassford Remele Fredrikson & Byron Lommen Abdo Schwebel, Goetz & Sieben Best & Flanagan Fulbright & Jaworski Maslon Edelman Borman & Sidley Austin Bowman and Brooke Gaskins Bennett Brand Skadden Arps Briggs and Morgan Gibson Dunn & Crutcher Meagher & Geer UnitedHealth Group Cargill Gray Plant Mooty Michael Best Winthrop & Weinstine Carlson Caspers Knobbe Martens O’Melveny & Myers Zimmerman Reed Deloitte Larkin Hoffman Oppenheimer Dorsey & Whitney Leonard, Street and Deinard Perkins Coie www.law.umn.edu Perspectives SPRING 2011 47 ALUMNI PERSPECTIVE

Annual Scholarship Dinner McNamara Alumni Center, March 30, 2011 1

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> The Law School's 2011 Scholarship 1. Joe Barbeau (’81), Mary Ellen Hennessey, and Recognition Dinner program included Robert Hennessey (’68) remarks from scholarship donor Joe 2. Avis Lindquist, Karyne Harstad, and Linda Shinofield Barbeau (’81) and a testimonial from 3. Sharifa Tharpe (’13) student scholarship recipient Sharifa 4. Melissa Muro (’12) and Megan Van Dyke (’12) Tharpe (’13). Members of the Law 5. Joe Barbeau (’81) and Sharifa Tharpe (’13) School’s Theatre of the Relatively Talentless 6. TORT performers Joshua Gardner (’12), Erin McDonald (’13), performed several pieces as guests were and Laura Vannelli (’11) seated for dinner. 7. Kim McDonald and John Gould (’53)

48 Perspectives SPRING 2011 www.law.umn.edu ALUMNI PERSPECTIVE CLE•CLE•CLE•CLE•CLE•CLE•CLE•CLE•CLE•CLE•CLE CLE•CLE•CLE•CLE•CLE•CLE•CLE•CLE•C LE CLE•CLE•CLE•CLE•CLE•CLE•CLE•CLE•CSUMMER CLES: LE CLE•CLE•CLE•CLE•CLE•CLE•CLE•CLE•CMark your LE calendar! May 31– June 11, 2011 The University of Minnesota Law School Presents the 32nd Annual Summer Program of Continuing Legal Education Seminars Featuring Present University of Minnesota Law School Faculty $225 per seminar • SAVE with a SuperPass: 7 courses for $795!

May 31 8:30 a.m.–4:30 p.m. June 6 8:30 a.m.–4:30 p.m. Selected Topics in Unfair Business Chevron and Beyond: Competition and Torts AdministrativeLae LawRw Review and Update Professor Thomas F. Cotter Professor Kristin E. Hickman

June 1 8:30 a.m.–4:30 p.m. June 7 8:30 a.m.–4:30 p.m. Regulating Climate Change: Local, State, Introduction to Behavioral Law and Economics National, and International Developments Professor Claire A. Hill Professor Hari M. Osofsky June 8 8:30 a.m.–4:30 p.m. June 2 8:30 a.m.–4:30 p.m. Hot Topics in Family Law The Constitution in a ConservativeCe Court Professor Brian H. Bix Professor Dale Carpenter June 9 8:30 a.m.–4:30 p.m. June 3 8:30 a.m.–4:30 p.m. International Law in the United States MBA Concepts for Lawyers Professor Oren Gross Professor Edward S. Adams June 10 8:30 a.m.–4:30 p.m. June 4 9:00 a.m.–3:00 p.m. Understanding Trademarks, Copyright Ethics: MorethanaFe than a Feeling (morning) and and Related Areas of Intellectual Property Dealing with Differences: Serving Immigrant Professor Daniel J. Gifford Communities (afternoon) Professors Carl M. Warren and Laura Thomas June 11 8:30 a.m.–4:30 p.m. In-House and Out: Ethics Issues for Government Lawyers, CorporateLae Lawyers and Lawyers R epresenting Other Organizations Professor Richard W. Painter

TO REGISTER ONLINE, WITH CREDIT CARD OR CHECK, OR FOR MORE INFORMATION, VISIT: www.law.umn.edu/cle/, OR CALL (612) 625-6674, OR EMAIL [email protected]

CLE credit: 6.5 general credits approved for each Location: All courses are held at the Law School, Parking and directions: For information, go to course, May 31-June 3 and June 6-June 10; 3 ethics Walter F. Mondale Hall, subplaza level, 229 19th Ave. www.law.umn.edu/contact/directions.html. and 2 bias credits approved for June 4; 6.5 ethics S., West Bank campus of the University of Minnesota, credits approved for June 11. Minneapolis 55455.

www.law.umn.edu Perspectives SPRING 2011 49 ALUMNI PERSPECTIVE

Class Notes

News About Your Classmates and Colleagues

1957 1970 was named a 2010 Attorney of the Year by Minnesota Lawyer. Richard Pemberton was appointed by the Patricia Belois retired as a judge on the Hennepin Minnesota Supreme Court to the Civil Justice County District Court in January 2011. She has held 1977 Reform Task Force, charged with providing recom- the position since her appointment by Gov. Rudy mendations toward improving the state’s civil Perpich in 1987. Rebecca Egge Moos, a shareholder with Bassford case processing. Remele, was named an Attorney of the Year and 1971 received an Outstanding Service to the Profession 1959 award for 2010 from Minnesota Lawyer. Richard G. Mark, a partner at Briggs and Morgan, Paige J. Donnelly received the Lifetime Achievement was named a 2010 Attorney of the Year by Lee Sheehy was named head of the Commission on Award from the Minnesota Association for Justice Minnesota Lawyer. Judicial Selection, charged with recommending the (formerly the Minnesota Trial Lawyers Assoc.), given best-qualified candidates to serve in the judiciary, by to individuals who exemplify the pursuit of justice 1972 Gov. Mark Dayton in January 2011. over a lifetime of legal work. Doug Johnson retired as Washington County 1978 1966 Attorney after a 30-year career as a criminal prose- cutor. He plans to continue living in Stillwater, Minn. Daniel Heuel was appointed by the Minnesota Kent Gernander of Streater & Murphy in Winona, Supreme Court to the Civil Justice Reform Task Minn., received a 2010 Outstanding Service to the Joseph Price was ranked among the world’s leading Force, charged with providing recommendations Profession award from Minnesota Lawyer. life sciences law practitioners by the International toward improving the state’s civil case processing. Who’s Who of Life Sciences Lawyers 2011, an honor 1968 given to only 142 U.S. lawyers and 450 lawyers worldwide. He is a senior partner in the litigation Rodger D. Young was named to the Best Lawyers in practice group at Faegre & Benson in Minneapolis. America 2010 and to Chambers USA Directory for Business 2010. 1973 Jack Levey was named a 2011 Super Lawyer by Ohio Super Jim Schwebel was selected the Minneapolis Personal D. Gerald Wilhelm, an assistant U.S. attorney, was Lawyers. Injury Lawyer of the Year for 2011 by Best Lawyers in named to head the newly formed Civil Frauds Unit in America. the Civil Division of the U.S. Attorney’s Office, District of Minnesota. Robert Tennessen, of Tennessen Law PLC, was Alan Page, an associate justice elected President of The Advocacy Group, for which 1974 on the Minnesota Supreme he previously served as Secretary. Court, will receive an honorary Stephen Befort has become a Minnesota State Bar degree from Duke University in 1969 Association Board Certified Labor and Employment May. Law Specialist. 1979 Robert P. Christensen was named dean-elect of the Thomas E. Chomicz of Quarles Academy of Certified Trial Lawyers of Minnesota. Boyd Beccue opened a new law office in Willmar, & Brady was recognized by Minn., and will practice general law with emphasis Illinois Super Lawyers as among 1976 on family law, criminal law, and governmental issues, the top attorneys in Illinois for including land use, condemnation, and ditch law. He 2011. John M. Harens, a partner at Moore, Costello & Hart, served as Kandiyohi County attorney from 1991-2011.

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Your classmates, and the Law School, would love to know what important things are going on in your life, and we welcome your submissions for the Class Notes section of Perspectives . To be included in the next issue, your items must reach us by October 1, 2011. Submit your news via our Web site at http://www.law.umn.edu/alumni/updates.html, via email at [email protected], or SEND US via mail to the Office of Advancement, Suite 321, University of Minnesota Law School, 229 19th Ave. S., YOUR NEWS > Minneapolis, MN 55455. We look forward to hearing from you, and thanks for keeping in touch!

Gregory Bulinski was appointed by the Minnesota Catholic Charities of St. Paul and Minneapolis, Morgan, was named a 2010 Attorney of the Year by Supreme Court to the Civil Justice Reform Task effective April 4, 2011. Minnesota Lawyer . Force, charged with providing recommendations toward improving the state’s civil case processing. Mary Ranum was elected the first female chair of Gary A. Debele , a shareholder and president of Fredrikson & Byron’s Board of Directors in Minneapolis. Walling, Berg & Debele, was named a 2010 Attorney 1980 of the Year by Minnesota Lawye r. Mary Vasaly , formerly a member of Maslon Edelman David Kastelic was named executive vice president Borman & Brand’s litigation group, was appointed to Eric Hylden , a St. Louis County judge, was appointed and chief financial officer at CHS Inc. and assumed the Fourth Judicial District Trial Court bench in by the Minnesota Supreme Court to the Civil Justice his duties in January. Hennepin County in December 2010. She also Reform Task Force, charged with providing recom - received the 2010 Myra Bradwell Award from mendations toward improving the state’s civil case 1981 Minnesota Women Lawyers, given to a member who processing. is a leader in her field and has exemplified legal Howard J. Bergman joined the Law School as excellence, professionalism, and ethics. David J. McMillan was sworn in as a newly elected counsel in residence on April 1, 2011, and will assist member of the University of Minnesota Board of in expanding the business law programs and com - 1984 Regents representing the Eighth Congressional munity business connections. He recently retired District on March 10, 2011, for a term to expire in after 25 years with 3M’s Office of General Counsel, David Gottlieb was named vice president, asset disposi - 2017. He is Senior Vice President of Marketing, serving most recently as assistant general counsel of tion manager, at MB Financial Bank and brings two Regulatory and Public Affairs at ALLETE energy the company’s Consumer & Office Business. He is a decades of experience in real estate brokerage and law. company and Executive Vice President of Minnesota former chair of the Minnesota State Bar Association Power, based in Duluth. Antitrust Section and of 3M’s Office of General Susan Dickel Minsberg was elected chair of the solo Counsel antitrust practice group. and small firm section of the Minnesota State Bar 1988 Association. Susan maintains her sole practice focusing on commercial litigation, employment law Jill Adkins left the St. Cloud law firms of Hall & Byers and family law in St. Paul. and Rinke Noonan after 20 years of working in pri - Kevin Busch was re-elected to a vate practice and moved to South Africa, where she three-year term on the Board of 1985 received an LL.M. in human rights law from the Directors of Moss & Barnett. He University of Cape Town Faculty of Law. She now chairs the firm’s commercial Louise Dovre Bjorkman , a judge on the Minnesota works independently in legal consulting under Age department and banking and Court of Appeals, was named chair of the new Civil Rights International. commercial transactions practice area and is also Justice Reform Task Force appointed by the the firm’s chief operating officer. Minnesota Supreme Court in December 2010. It is Karen Duncan , Third District chief public defender, charged with providing recommendations toward was named a 2010 Attorney of the Year by 1983 improving the state’s civil case processing in a final Minnesota Lawyer . report due at the end of 2011. David A. Arndt , a trial attorney in plaintiffs’ personal Michael J. Rothman was named Minnesota’s injury and products liability with Matonich & Elizabeth K. Bransdorfer was elected to a three-year Commissioner of Commerce by Gov. Mark Dayton Persson, was named a 2010 Attorney of the Year by term on the State Bar of Michigan Family Law and assumed his new responsibilities on Jan. 12, Minnesota Lawyer . Section Council. 2011. He was formerly a shareholder and co-chair of the insurance and financial services practice group Linda Holstein and her firm, Holstein Law Group, Susan Schneider wrote a casebook, published by at Winthrop & Weinstine. were certified by the National Association of Carolina Press, that addresses some of the contro - Minority and Women Owned Law Firms, an associa - versies surrounding our food system: Food, Farming 1989 tion that encourages organizations to utilize services & Sustainability: Readings in Agricultural Law . of firms owned by women and minorities. Daniel E. Gustafson , a founding member of 1987 Gustafson Gluek PLLC and an adjunct professor at Tim Marx , former executive director of New York the Law School, was named a 2010 Attorney of the City Common Ground, was appointed CEO of Diane B. Bratvold , a partner with Briggs and Year by Minnesota Lawyer .

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1990 Krista S. Stearns was appointed city attorney for the Utility Regulatory Commission by Governor Mitch city of Kenai, Alaska, and was elected to a second Daniels. Linda Benjamin was named one of 50 “Women of term on the Alaska Bar Association’s Board of Impact” for 2010 by Daily Variety, an award given to Governors. Rinky Parwani, managing shareholder of Parwani women who have raised the bar in their profession Law, and her firm won the 2010 Greater Brandon and navigated the path to success. She is currently 1993 Chamber of Commerce Small Business of the Year executive vice president, business and legal affairs, Award in the Minority and Women Business category. at Relativity Media in Los Angeles. Timothy J. Pramas was appointed by the Minnesota Supreme Court to the Civil Justice Reform Task 1999 Keith Ellison received a 100% rating from the Human Force, charged with providing recommendations Rights Campaign in its Congressional Scorecard for toward improving the state’s civil case processing. Amy Churan was named a partner at Robins, Kaplan, the 111th Congress. The scorecard rates members of Miller & Ciresi in Los Angeles, where she focuses her Congress on their support for legislation affecting Thomas Tuft has opened a new law firm, Tuft Law practice on intellectual property litigation. lesbian, gay, bisexual, and transgender equality. Offices, focusing primarily on family law, alternative dispute resolution, juvenile law, and estate planning. Paul Civello was named a partner at Maslon Joan Humes was promoted to vice president and Edelman Borman & Brand. deputy general counsel for litigation and investiga- 1994 tions at Medtronic Inc. Philip Forsang Ndikum was awarded a Certificate of Jonathan Drage was promoted to managing director Appreciate by the World Bank Group for his contri- Colleen Cleary Ortiz, currently a self-employed in Navigant’s disputes & investigations practices. bution to Investing Across Borders 2010. attorney in Pensacola, Fla., is among six candidates, Previously, he was business development director at two of whom will be appointed, as judges of com- PricewaterhouseCoopers. 2000 pensation claims for Jacksonville by Florida Governor Charlie Crist. 1995

1991 Harold Hagen joined Bryan Cave as counsel in its San Francisco office, practicing in the real estate Kathryn Bergstrom was appointed by the Minnesota capital markets group. Shari (Jerde) Aberle has Supreme Court to the Civil Justice Reform Task received a Minnesotans on the Force, charged with providing recommendations 1996 Move award. toward improving the state’s civil case processing. Chris Lee joined Helsell Fetterman as of counsel. He Nicholas Boebel joined Hagens Berman Sobol Robert Maher, a private wealth planning and litiga- continues to focus on trust and estate litigation, Shapiro in Minneapolis and will support its new intel- tion partner at Best & Flanagan, was elected a man- while enjoying life in Seattle with his wife and two lectual property law practice, representing plaintiffs aging partner at the firm. kids. in cases involving patents, copyrights, trade secrets, and other aspects. He was named a 2010 Rising Star 1992 Keiko L. Sugisaka was named a partner at Maslon by Minnesota Law & Politics. Edelman Borman & Brand. Timothy Andrew has become a Minnesota State Bar Clayton Chan joined Lindquist & Vennum in Association Board Certified Labor and Employment 1997 Minneapolis as a partner in the trusts and estates Law Specialist. group. He focuses his practice on estate, tax, busi- Valerie Arnold opened Arnold, Rodman & Pletcher, ness succession, and wealth preservation planning. Jeanette Bazis was appointed by the Minnesota specializing in family law, with fellow Law School Supreme Court to the Civil Justice Reform Task alumnus Scott Rodman (’02) and Lisa Pletcher. Mark Ireland was sworn in as a judge in Minnesota’s Force, charged with providing recommendations Second Judicial District on Jan. 5, 2011, the youngest toward improving the state’s civil case processing. John Bursch was appointed Solicitor General of judge in the district. He fills the seat vacated by Michigan. He formerly was a partner with Warner Judge Michael Monahan (’67). James K. Lee joined White & Case as a partner in Norcross & Judd. Los Angeles, in its commercial litigation practice, Elizabeth Perkins was elected a partner at Quarles & specializing in international litigation. He will also Mee Moua, former Minnesota state senator, was Brady in Milwaukee. She is a member of the com- play a key role in helping build the firm’s Korea recently elected vice president of strategic impact mercial litigation group, focusing on securities litiga- practice. initiatives for The Asian & Pacific Islander American tion representing clients in federal and state class Health Forum. and derivative actions, internal investigations, and Dan Simon was appointed by the Minnesota SEC enforcement defense. She was named a 2010 Supreme Court to a three-year term on the Hoyt Stastney, of Quarles & Brady, was named a Wisconsin Rising Star by Super Lawyers. Alternative Dispute Resolution Ethics Board, which 2010 Wisconsin Rising Star by Super Lawyers. is responsible for evaluating ethics complaints 2001 against mediators and arbitrators in Minnesota. He is 1998 the first private practitioner of transformative medi- Katie Aune was promoted to associate director of ation selected to serve on the board. Kari Evans Bennett was appointed to the Indiana development for DePaul University College of Law.

52 Perspectives SPRING 2011 www.law.umn.edu ALUMNI PERSPECTIVE

She was previously director of alumni relations for Gray Plant Mooty in Minneapolis. His practice the past three years. focuses on business litigation.

W. Anders Folk, formerly a District of Minnesota Nicole E. Narotzky was elected a partner at Maslon Paul LaVanway joined assistant U.S. attorney, was named a 2010 Attorney Edelman Borman & Brand. Fredrikson & Byron as an asso- of the Year by Minnesota Lawyer. In January he ciate in the intellectual property joined Leonard, Street and Deinard as a shareholder Julian C. Zebot was elected a partner at Maslon group. in the business and commercial litigation practice. Edelman Borman & Brand. Lisa von Biela opened her own consumer law prac- Carrie Lambert was named a partner at Robins, 2004 tice, Law Office of Lisa M. von Biela. She also works Kaplan, Miller & Ciresi and practices in intellectual as a part-time attorney on the Home Foreclosure property litigation. Legal Aid Project for Northwest Justice Project.

Luis Resendiz received the Hispanic Chamber of Cheryl Gonzalez joined Baker & 2010 Commerce of Minnesota’s 2010 25 on the Rise Daniels as an associate with the award, which recognizes 25 Latino men and women environmental law team. Joseph P. Ceronsky joined Maslon Edelman Borman under age 40 who have demonstrated leadership Previously, she served as legal & Brand in Minneapolis as an associate in general and excellence in their careers and communities. counsel for the Indiana commercial litigation. Department of Environmental Management. 2002 Paul C. Dworak joined Gaskins & Bennett as an Sarah (Seljeskog) Morrison and Dustin Morrison associate in commercial litigation, civil rights, and Jessica C.K. Boelter was named a partner at Sidley proudly announce the birth of Edward Jan “E.J.” criminal defense. Austin in Chicago. She practices in corporate reor- Morrison on Aug. 12, 2010, in Rapid City, S.D. ganization and bankruptcy. Maisa Frank joined Gray Plant Mooty as an associate Matt Scheidt joined the legal department of in the Washington, D.C., office. She worked as a John P. Boelter was named a partner at Mayer Anheuser-Busch Companies Inc. in September 2010. summer associate for the firm in 2008 and 2009. Brown, where he focuses primarily on mergers and acquisitions and corporate and securities law mat- 2005 Jonathan Giroux joined Dykema’s Bloomfield Hills, ters. He earned the promotion by demonstrating Mich., office as an associate in the intellectual prop- outstanding legal skills and the highest standard of Jarom Kesler was elected a partner at Knobbe erty department, focusing on procurement and client service. Martens Olson & Bear in Los Angeles and works in enforcement of patent, copyright, and trademark intellectual property. rights. Chad Drown was named a partner at Faegre & Benson in Minneapolis. Julian Zegelman launched his own law firm with Benjamin A. Kaplan joined the litigation practice friend and fellow attorney Dan Velton. Velton group of Michael Best in its Milwaukee office. Andrea Gothing was named a partner at Robins, Zegelman PC serves clients throughout the San Kaplan, Miller & Ciresi in Minneapolis. She practices Francisco Bay area and San Diego. Brianna Mooty joined Gray Plant Mooty as an asso- in intellectual property litigation. ciate in the Minneapolis office. She worked as a 2006 summer associate for the firm in 2009. Janelle Ibeling was elected a partner at Sidley Austin in Chicago. She practices in the investment Thomas Anderson joined the firm Bakke Norman. He Timothy M. Sullivan joined Faegre & Benson as an funds, advisers, and derivatives group. arranged music for an a capella group to perform associate in its intellectual property group. competitively on the NBC show, “The Sing-Off.” Alexis Pheiffer joined PetSmart Inc. as senior counsel. Joshua D. Taggatz joined Ruder Ware in Wausau, 2007 Wisc., as a member of its business transactions Scott Rodman opened Arnold, Rodman & Pletcher, practice group. specializing in family law, with fellow Law School Jessica Jacob Zaiger joined Polsinelli Shugart as an alumna Valerie Arnold (’97) and Lisa Pletcher. associate in the commercial lending, capital markets, and project finance practice group. 2003 2008 Your Best Story Kate Austin was elected a partner at Oppenheimer Do you have a story about a great experience you Wolff & Donnelly in Minneapolis. She works in the Nick Smith joined Hawley Troxell as an associate in had at the Law School? Maybe a favorite professor, corporate finance & transactions group. its litigation practice group. or a great event or fond memory? Send it to us. If we use it, we will send you a special gift in appreciation. Nicole J. Druckrey was appointed young lawyer 2009 Email it to [email protected] or mail it to the Office liaison to the Defense Research Institute’s commer- of Alumni Relations, University of Minnesota Law cial litigation group for 2011. Lauren Frank is an associate at Faegre & Benson in School, 229 19th Ave. S., Minneapolis, MN 55455. the intellectual property practice group, focusing on Jeremy Johnson was elected a shareholder with litigation. www.law.umn.edu Perspectives SPRING 2011 53 ALUMNI PERSPECTIVE

April 15–16, 2011

Members of the Class of 1971 gathered at Nicollet Island The Class of 2001 celebrated its 10–year Inn to celebrate their 40–year reunion. Richard Krentz reunion at Kieran’s Irish Pub. Marggie The weekend kick-off and campaign launch reception was (’71), Richard Peterson (’71), and Karen Peterson Adamcyzk Geotze (’01), Kelle Kieschnick (’01), held in the Law School’s Dorsey Foyer. Lee Mitau (’72), Chris Polking (’01), Thetia Hall-Polking, and University President Robert Bruininks, Tom Crosby, and Sarah Stennes (’01) Karin Birkeland (’87)

> Approximately 600 Law School alumni attended the sixth annual Spring Alumni Weekend on April 15-16, 2011. A cocktail reception kicked off the weekend’s festivities and doubled as the launch event for GENERATIONS. The Campaign for the University of Minnesota Law School. The weekend also featured other all-alumni events, including a breakfast and CLE program, as well as special reunion celebrations for nine classes. More photographs from the weekend can be found on the Law School’s e>Community: http://community.law.umn.edu/SAW.

Members of the Class of 1961 gathered at Eastcliff to celebrate their 50-year reunion. Classmates Members of the Class of 1996 Bill Lockhart, Richard Young, The Class of 1986 celebrated its 25–year gathered at The Local to cele- Members of the Class of 1976 gathered at Lloyd Graven, and Paul reunion at Forum Restaurant. Classmates brate their 15–year reunion. the TCF Bank Stadium President’s Suite Klaverkamp Carla Hagen, Linda Tedford, and Sheila Classmates Rachna Sullivan, to celebrate their 35–year reunion. Engelmeier Judy Engel, and Ethan Lenz Classmates James Swenson, Denis Salmon, and Rob Furst

54 Perspectives SPRING 2011 www.law.umn.edu ALUMNI PERSPECTIVE

> Alumni and Faculty Tributes

J. STEWART MCCLENDON DOUGLAS M. HEAD GERALD R. MCKAY CLASS OF 1940 CLASS OF 1956 CLASS OF 1972 J. Stewart McClendon, a longtime inter- Douglas M. Head, a former Minnesota Gerald R. McKay died on Jan. 27, 2011, at national corporate attorney with Representative and Attorney General, age 65, of a heart attack while scuba Standard Oil Co., died Jan. 7, 2011, in died Feb. 2, 2011, at his home in diving in Bali. A certified scuba diving Media, Penn., at age 94. Minneapolis at age 80. instructor, McKay was an avid diver and McClendon served in World War II, Head served in the Minnesota House underwater photographer. and after his discharge he returned to of Representatives for two legislative McKay heard thousands of disputes Minneapolis, his hometown. He was the sessions in 1961–64, and in 1966, he was over his 30-year career, from wrongful 13th Ward Alderman on the Minneapolis elected Minnesota Attorney General. In termination and age-discrimination City Council from July 1949 until 1970 he ran for Minnesota governor, issues to multibillion-dollar construction September 1950, but his political career losing a hard-fought battle to DFL can- project labor disagreements, such as the was cut short when the Army Reserve didate Wendell Anderson. When Head’s San Francisco International Airport called him up to serve as a major in field term as attorney general ended in remodeling project. He was the perma- artillery in the Korean War. January of 1971, he retired from politics nent arbitrator for numerous major Discharged once again, McClendon and formed the law firm of Head & unions and employers, including the joined Standard Oil Co. While working at Truhn (now Head, Seifert & Vander Nevada Resort Association, Safeway, and its Venezuelan affiliate, Creole Weide) with former Minnesota Solicitor Stanford University, and he served on Petroleum, in 1959, he wrote about the General Jerome D. Truhn. the Kaiser-Health Care Workers arbitra- practical aspects of offshore operations. As a businessman, Head had inter- tion panel and the Associated General He went on to work in Houston and New ests in housing, retail, and transportation Contractors-Carpenters panel. York City, negotiating oil leases, settling around the Twin Cities area. He formed a At the University of Minnesota, commercial disputes, and rising to the residential real estate development and McKay completed a B.A. in history and position of assistant general counsel. management company, and in 1983 with political science in 1966 and an M.A. in In 2003, McClendon and his wife partners Ray Harris and Martha Head, he public administration in 1968. At the Law endowed the J. Stewart and Mario developed Calhoun Square, a retail mall School, he received a Royal Stone schol- Thomas McClendon Professorship in that became the centerpiece of arship and a Latin American Teaching Law and Alternative Dispute Resolution Minneapolis’ Uptown neighborhood. fellowship, and after graduating he at the Law School. The inaugural and Head completed a B.A. in political taught law in Guatemala for 18 months. current holder of the chair is Professor science at Yale University in 1952, and he McKay practiced in Washington, D.C., Laura J. Cooper. graduated from the Law School as a then joined the Federal Mediation and McClendon was able to resolve busi- member of the Order of the Coif in 1956. Conciliation Service. He worked in its ness disputes between parties from dif- He served as president of the National San Francisco office before starting his ferent countries using arbitration. His Association of Attorneys General and in private practice, the Law Offices of experience was the basis of his desire to 1967 was appointed chair of the Gerald R. McKay, in Burlingame, Calif. see that law students learn “that means Minnesota Governor’s Commission on From the mid-1970s to the mid- other than traditional litigation can often Crime Prevention and Control. In 1971, 1980s, McKay taught labor relations, better resolve all kinds of human con- President Richard Nixon appointed Head arbitration, and collective bargaining at flicts,” Cooper says. “His vision in estab- to the U.S. National Commission on several California institutions: Golden lishing, with his wife, an endowed chair Consumer Finance, where he served Gate University, Stanford University, assures that research and education in until 1973. He also chaired the Minnesota Hastings College of the Law, Humboldt alternative dispute resolution will always Advertising Review Board and served on State University, the University of be part of the mission of the University the board of the Red River Valley and California Labor/Management Institute, of Minnesota Law School.” Western, the Twin Cities and Western, the University of San Francisco, San McClendon was an active member in and the Minnesota Prairie shortline rail- Jose State University, and San Francisco veterans’ organizations and causes, and roads. A polio survivor, Head was an State University. he continued to exercise his love of active member and served on the board He addressed dispute resolution and downhill skiing until age 80. of the Minnesota Society for Crippled other employment problems in numerous He was recently preceded in death Children and Adults (now the Courage labor and management seminars con- by Mario, his wife of 67 years. He is sur- Center, Golden Valley, Minn.). ducted for locals of the American vived by daughters Janet Vaskas of Head is survived by Martha, his wife Federation of Government employees, Media, Penn., and Margaret Aspinwall of of 41 years, and by two daughters, M.E. International Brotherhood of Teamsters, New York City. Kirwan and Virginia Head. National Treasury Employees Union,

www.law.umn.edu Perspectives SPRING 2011 55 ALUMNI PERSPECTIVE

United Steelworkers of America, and many writings were the foundation of the Model the 1945 U.S. Supreme Court upheld the other corporations and organizations. Employment Termination Act drafted by Illinois decision (In Re Summers, 325 U.S. McKay is survived by his wife, the Commission on Uniform State Laws. 561) that members of the Illinois bar Sandra, and two sons, Jerry and Michael. Summers taught at the University of were obligated to uphold the state Pennsylvania Law School from 1975- Constitution’s requirement that citizens 2005. He taught at Yale University Law serve in time of war. CLYDE W. SUMMERS School (1956-75), the University of He earned a master of law in 1946 Clyde W. Summers, a widely recognized Buffalo Law School (1949-56), and the and a doctorate in judicial science in scholar on labor and employment law University of Toledo School of Law 1952 from Columbia University; studied and employee rights, and a visiting pro- (1942-49), and was a visiting professor in Belgium, Sweden, Germany, and fessor at the Law School in 1974, died of at U.S. law schools and universities in England; and held numerous honorary complications of a stroke on Oct. 30, Japan, Puerto Rico, and South Africa. degrees. In 2010, the Chicago-Kent 2010, in Germantown, Penn. He was 91. After entering the University of College of Law dedicated an issue of its In 1958, Summers drafted a Bill of Illinois at age 16, Summers completed a Employee Rights and Employment Policy Rights for union members on behalf of bachelor's degree in 1939 and a law Journal to Summers’ life, influence, and the American Civil Liberties Union that degree in 1942. Denied admission to the accomplishments. strongly influenced the Landrum-Griffin Illinois State Bar Association because of He is survived by his wife, Evelyn; Act of 1959 establishing oversight of his conscientious objector status, sons Mark and Craig; and daughters unions and curtailing many abuses. His Summers undertook his own appeal, but Erica and Lisa.

> In Memoriam

CLASS OF 1935 Robert R. Pfueger CLASS OF 1965 CLASS OF 1973 Alden D. Sheffield Oct. 8, 2010 Douglas J. Carney Edward J. Phillips Nov. 17, 2010 Ortonville, Minn. Oct. 5, 2010 April 8, 2011 Minneapolis, Minn. Bloomington, Minn. Minneapolis, Minn. Lauren A. Smith CLASS OF 1940 Feb. 3, 2011 James M. Madson Royce N. Sanner J. Stewart McClendon Clinton, Iowa Feb. 20, 2011 April 9, 2011 Jan. 7, 2011 Edina, Minn. Minneapolis, Minn. Media, Penn. CLASS OF 1950 Curtis L. Charlson CLASS OF 1966 CLASS OF 1976 CLASS OF 1941 Oct. 30, 2010 James F. Lammers Elizabeth A. Schmidt The Honorable John F. San Antonio, Texas Dec. 30, 2010 Jan. 22, 2010 Thoreen Stillwater, Minn. St. Cloud, Minn. Jan. 4, 2011 CLASS OF 1952 Minneapolis, Minn. John P. Byron CLASS OF 1969 CLASS OF 1979 Dec. 28, 2010 J. Richard Baldwin Susan K. Rossbach CLASS OF 1946 Bloomington, Minn. Oct. 17, 2010 July 20, 2010 John Walker “T” Adams Minneapolis, Minn. Stillwater, Minn. March 5, 2011 CLASS OF 1956 St. Louis Park, Minn. Douglas M. Head CLASS OF 1971 CLASS OF 1982 Feb. 2, 2011 Allan N. Hopen Cynthia C. Campbell Pattee C. Kilday Minneapolis, Minn. Nov. 3, 2010 May 14, 2010 Oct. 18, 2010 Savage, Minn. Minneapolis, Minn. Minneapolis, Minn. CLASS OF 1957 Jack F. Daly CLASS OF 1972 CLASS OF 1983 CLASS OF 1947 April 9, 2011 Gerald R. McKay Jr. Thomas R. Karvel Robert W. Johnson Minneapolis, Minn. Jan. 27, 2011 Feb. 11, 2011 Nov. 6, 2010 Burlingame, Calif. Phoenix, Ariz. Anoka, Minn. CLASS OF 1959 John G. Clark Mark C. Stewart CLASS OF 1949 Jan. 4, 2011 March 11, 2011 Earl C. Borgeson San Mateo, Calif. Ottawa Hills, Ohio Dec. 25, 2010 Sudbury, Mass.

56 Perspectives SPRING 2011 www.law.umn.edu PARTNERS IN EXCELLENCE > Annual Fund Update

DEAN BOARD OF ADVISORS David Wippman The Honorable Paul H. Anderson (’68) The Honorable Russell A. ASSISTANT DEAN AND CHIEF OF STAFF Anderson (’68) Nora Klaphake Governor James J. Blanchard (’68) James L. Chosy (’89) DIRECTOR OF COMMUNICATIONS Jan M. Conlin (’88) Cynthia Huff William E. Drake (’66) Dear Friends and Fellow Alumni: David M. Eldred (’02) SENIOR EDITOR AND WRITER Kristine S. Erickson (’72) Corrine Charais Joseph M. Finley (’80) As my term as National Chair of the Partners in Excellence Annual Fund and the Law School’s fiscal Patrice A. Halbach (’80) year near a close, I want to thank so many of you who have already stepped forward and supported COMMUNICATIONS ASSISTANT Catharine F. Haukedahl (’79) the Law School this year. Your generosity makes a real difference in the lives of our students. Valerie Figlmiller Joan S. Humes (’90) At the beginning of this year, we set a goal of 20% giving participation for alumni, which would be Harvey F. Kaplan (’64) a first for the Law School. I’m pleased to report that we are very close to reaching that goal! DIRECTOR OF ADVANCEMENT David M. Kettner (’98) If just 692* more alumni like you and me contribute any amount before June 30, we will reach our Jean M. Sazevich David V. Lee (’70) target. Every gift counts! Jeannine L. Lee (’81) As we launch GENERATIONS. The Campaign for the University of Minnesota Law School, building ASSOCIATE DIRECTOR OF Marshall S. Lichty (’02) a larger community of supporters at all levels is a top priority, made even more urgent by the imminent ADVANCEMENT K. Thor Lundgren (’74) disappearance of almost all state funding. Joe Thiegs Ambassador Tom McDonald (’79) All gifts to the Partners in Excellence Annual Fund count toward the Campaign and directly impact The Honorable Peter A. Michalski (’71) our students while providing the Law School with the flexibility to respond to new opportunities as CONTRIBUTING WRITERS Rebecca Egge Moos (’77) they arise. Our hope is that by the end of the Campaign more than 30% of our alumni will give each Corrine Charais Richard G. Morgan (’84) year. Reaching 20% participation this year is an important first step toward this greater goal. Valerie Figlmiller Dennis L. T. Nguyen (’98) Bradley Hammer Patricia A. O’Gorman (’71) GIFTS OF ALL SIZES MAKE A DIFFERENCE AND ARE GREATLY APPRECIATED. Karen Hansen Paula K. Richey (’76) Perspectives is a general interest magazine published in Katherine Hedin The Honorable James M. the fall and spring of the academic year for the University For those of you who are able to make a larger investment, I am pleased to share a new opportuni- Joan S. Howland Rosenbaum (’69) of Minnesota Law School community of alumni, friends, ty to make your annual contribution go even further, thanks to a generous matching grant from the Cynthia Huff Joseph P. Sullivan (’67) and supporters. Letters to the editor or any other communi- Robina Foundation. James H. Binger ('41) created the Robina Foundation shortly before his death in Catherine Kedzuf Rachna B. Sullivan (’96) cation regarding content should be sent to Cynthia Huff 2004 to support major institutions in generating new ideas and transformative approaches to critical Todd Melby The Honorable John R. Tunheim (’80) ([email protected]), Director of Communications, social issues. Tyler Wiese Fordam Wara (’03) University of Minnesota Law School, 229 19th Avenue South, Annual fund donors who make a gift of $15,000 over three years ($5,000 per year) can help under- N225, Minneapolis, MN 55455. write a partial scholarship for a student for a three-year term. These gifts will be matched 1 to 1, with COVER ILLUSTRATION the additional $5,000 per year from the Robina Foundation also going to fund much-needed scholar- John Weber The University of Minnesota shall provide equal access to ships. To find out more about this opportunity to double the impact of your annual giving, please and opportunity in its programs, facilities, and employment contact the Office of Advancement by calling 612-626-8671 or e-mailing [email protected]. PHOTOGRAPHERS without regard to race, color, creed, religion, national origin, Please join me and many of your fellow alumni by making a contribution of any size before June Jayme Halbritter gender, age, marital status, disability, public assistance 30. Together, our support and participation make a difference. Thank you again for your generosity. Larry Marcus status, veteran status, sexual orientation, gender identity, Tony Nelson or gender expression. Sincerely, Tim Rummelhoff ©2011 by University of Minnesota Law School. DESIGNER Carr Creatives CORRECTION In the Class Notes section of the fall 2010 issue of Liza G. Ring (’85) GATEFOLD DESIGNER Perspectives, Sarah Peterson Stensrud was erroneously 2011 National Chair, Partners in Excellence Annual Fund Brian Amelang, BAMELANG Inc. listed in the Class of 2007. She graduated in 2005. P.S. To give quickly and easily online, go to www.giving.umn.edu/law.

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* ACULTY > 692 alumni needed • A LUMNI W to hit 20% participation EEKEND • R OSENBAUM P APERS

• S That’s UMMER Copyrights, Contracts, WE ARE VERY CLOSE TO HITTING OUR RECORD SETTING GOAL OF 20%

CLE and All That Jazz ALUMNI GIVING PARTICIPATION. IF YOU HAVE NOT DONE SO, PLEASE Entertainment CONSIDER JOINING YOUR FRIENDS AND COLLEAGUES BY GIVING A GIFT TODAY IN SUPPORT OF OUR ALMA MATER AT WWW.GIVING.UMN.EDU/LAW. Law Thank You! Liza G. Ring (2011 National Chair, Partners in Excellence Annual Fund) www.law.umn.edu

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