UC Hastings (Fall 2012) Hastings College of the Law Alumni Association

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Fall 2012 UC Hastings (Fall 2012) Hastings College of the Law Alumni Association

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DEFENDING OUR COURTS ///// KATHERINE FEINSTEIN ‘84 IS A LEADING VOICE IN THE EFFORT TO PROTECT CALIFORNIA’S IMPERILED JUDICIAL BRANCH

Special Judicial Issue: - UC Hastings and the state bench - Clerking 101 - Next-generation judges FALL 2012 { CONTENTS }

Upfront

02 | FROM THE DEAN 04 | IN BRIEF 12 | ADVANCEMENT News and notes from the UC Generous gifts from donors 03 | FOR THE RECORD Hastings community, including and a bold new strategic plan San Francisco Public Defender a stroll down memory lane, a move UC Hastings forward in Jeff Adachi ’85 offered letter from Botswana, a new delivering a ﬁrst-rate education words of wisdom at the 2012 interdisciplinary partnership to and expanding opportunities commencement ceremony. aid seniors, and more. for students. Departments

16 | POINT OF VIEW Associate Justice of the California Supreme Court Marvin Baxter ’66 discusses his career, California’s deﬁcit, and his abiding love of classic cars.

52 | THEN AND NOW A look at the legacy of esteemed jurist Roger J. Traynor, whose papers are housed at UC Hastings.

56 | JOURNALS For more than 30 years, the Hastings Constitutional Law Quarterly has been in the vanguard of legal scholarship. Judicial Perspective

ALUMNI ON THE BENCH UC Hastings has an unparalleled history of seeing its graduates rise to positions of power in the judicial branch. This special edition of UC Hastings looks at some of the most 18 prominent, innovative, and inspiring alumni judges currently serving on the bench.

FACULTY WITH JUDICIAL EXPERTISE UC Hastings Professor Rory Little shares unique 32 insights into clerking, Professor Evan Lee offers thoughts on the wisdom of the federal courts, and former professor Donna Ryu describes her journey from classroom to courtroom. Year by Year

38 | CLASS NOTES What’s new with your UC Hastings colleagues and classmates. { FROM THE DEAN }

UC Hastings welcome Chancellor and Dean | Frank H. Wu Assistant Dean for Institutional Advancement | Shino Nomiya Director of Communications & Public Affairs | Alex A. G. Shapiro Dear Alumni and Friends, Editorial Director for Communications & Public Affairs | University of California Hastings College of the Ami Dodson Law was founded by a judge and continues to Senior Communications Writer | lead in the training of jurists. Our strength as a Susan Kostal school is reﬂected in our representation on the Editors | Susan Kostal DCP bench. We are proud of the many ofﬁcials who Writers | Leslie Gordon began their training in our classrooms. They DCP

serve with every type of court: state and federal, Design | DCP trial and appellate, administrative and special- Photography | Jim Block ized, inside California and beyond. Board of Directors Donald Bradley ‘68 Judges are charged with the greatest responsibil- Tina Combs ‘88 Maureen Corcoran ‘79 ity. An independent judiciary is the foundation of the rule of law. In the Anglo-American Marci Dragun ‘86 common law tradition, judges not only apply the rules by which we have agreed to be Carin T. Fujisaki ‘85 Thomas Gede ’81 bound but also develop the precedent that gives abstractions their meaning. When they Claes H. Lewenhaupt ‘89 put on their robes, they assume a role that is different from their individual identities. Carl W. “Chip” Robertson Jr. ‘98 Bruce L. Simon ‘80 Sandra Thompson ‘01 As professors and students, we devote ourselves to studying their reasoning. Lawyers, Contact Us too, are called upon to interpret the words of judges, whether arguing to them or Alumni Center predicting their likely actions for the beneﬁt of clients. We understand that analysis of University of California Hastings College of the Law cases requires consideration of their context. Judges remain human beings who are 200 McAllister Street inﬂuenced by the world around them. San Francisco, CA 94102 415.565.4892 We celebrate our alumni who are the crucial decision makers of this branch of [email protected] www.uchastings.edu government as well as support the institution that guarantees rights for all of us. Send change of address to Our democracy depends on the work of these thoughtful leaders. We present their [email protected].

accomplishments and advice in the pages that follow. Please submit your class notes at [email protected].

Correction: The Spring 2012 issue contained erroneous information in Class Notes about Art Macomber ’03. We regret the error. Please see Frank H. Wu page 45 to learn what Art has really Chancellor & Dean been up to.

2 FALL 2012 { FOR THE RECORD }

Commencement 2012: “First Pursue Justice”

San Francisco Public Defender Jeff Adachi ’85 delivered the keynote address at the law school’s commencement ceremony on May 13. In his inspiring speech, Adachi shared professional and personal insights, including his experience with the Legal Education Opportunity Program (LEOP) at UC Hastings, his goals as public defender, } } and his transformative memories of working as a duck plucker after high school. “Whether you represent a corporation or a child or a person accused of a crime, do it with integrity. Seek to do justice and uphold the law. And don’t let the pursuit of money or material things dominate your career goals. You must always ﬁrst pursue justice. As you go forward, don’t be afraid to fail or take risks. And most importantly, never, ever, ever give up, and know that you, one person, can and will make a difference.” To read the full address, please visit www.uchastings.edu.

UC HASTINGS 3 MEMORY LANE ON MCALLISTER

SIXTY YEARS AGO, THE TOWER MADE A LASTING IMPRESSION ON MICHAEL SNYDER ’68, WHO {SHARES HIS MEMORIES HERE

was very happy to learn more about McAllister I Tower in the Spring 2012 issue of UC Hastings. My father worked on the 18th floor as an agent of the IRS in the late 1940s and 1950s. We lived in Oakland, and I sometimes went to work with him to hang out and explore the city. His office was in a suite, or maybe one of the apartments. As a young boy, I assumed that offices routinely had bathtubs in the restrooms, as my father’s did. The entry was a revolving door, which fascinated me, and the elevators went very fast and had no interior doors, which could be scary. There must have been a bar or nightclub in the basement, as there was a room known as the Burma Room. Once I saw drawings in a jungle motif in a basement hallway, which must have led to that room. The south side of Golden Gate Avenue between Leavenworth and Hyde had offices of Hollywood studios and theatrical-related businesses, which made for an interesting walk down the sidewalk. One day, as my dad and I were walking to his car, we had to use a temporary walkway around construction at 198 McAllister Street. I asked my dad what was being built. He said a law school, and, “Someday, you may go there.” I had WE WANT TO HEAR FROM YOU! never thought about going to law school until 10 years later, and then it finally happened. UC Hastings welcomes your letters, feedback, and recollections. Please address correspondence to [email protected]. SAN FRANCISCO HISTORY CENTER, SAN FRANCISCO PUBLIC LIBRARY

4 FALL 2012 { IN BRIEF }

“YOU CAN’T ARGUE WITH NO. 1”

he resounding success enjoyed years, and we owe much of our Tby the UC Hastings Moot Court success to our generous alumni From left: Alumni Coach Teri Nguyen ’09; competition teams—ranked No. 1 in donors and competition sponsors.” Prince Evidence Team members Judy Yang ’12, Julia Heming ’12, and Madihha Ahussain ’12; the country—is due in no small part Joseph Creitz ’92, an adjunct and Student Coach Kelly Matayoshi ’12. to the generosity of donors who have professor at UC Hastings since “adopted” competitions. 1994, adopted the Evan A. Evans and Emily Burns, an adjunct “We have seen increased Constitutional Law Competition. professor at UC Hastings, who sup- support from alumni,” says Toni Creitz says the teams are perform- ports the Saul Lefkowitz Trademark Young ’76, director of the Moot ing so well, “it made me want to Law Competition. Court program. “Not only do they back them up.” The program is also supported help financially, they participate as Other “adoptive parents” include by longtime donors, such as Mike coaches, teachers, and judges. We Gary Olimpia ’66, who sponsors Kelly ’76, who designate their have been ranked among the top five the Wagner National Labor and contributions to go to the areas of teams in the country for the past five Employment Law Competition, greatest need.

BRINGING NATIONS TOGETHER FOR ALTERNATIVE DISPUTE RESOLUTION

In June, UC Hastings’ Center for Negotiation and Dispute Resolution offered its second annual Court ADR Institute for non–U.S. judges, attorneys and court administrators. The institute—Envisioning, Designing & Implementing Court ADR: a Practical & Theoretical Program—was designed to prepare participants to implement court ADR programs in their respective countries. Funded in part by a grant from the JAMS Foundation, this year’s institute Clockwise from above left: co-instructor Claudia Bernard, was attended by participants from Bhutan, Brazil, Judge Jane Ngobeni of South Africa, and Chile, Egypt, Israel, Italy, Mozambique, South Africa, Judge Drora Beit-Or from Israel. Turkey, and Uganda.

UC HASTINGS 5 { IN BRIEF }

BOTSWANA: THE VIEW FROM MY WINDOW

UC Hastings faculty member the cattle have free rein of the left, the De Beers Corporation Naomi Roht-Arriaza spent the roads, highways, or wherever discovered diamonds. spring semester as a visiting else they like to go. This is a The country has lived professor at the University cattle-centered culture. Wealth largely from diamond wealth of Botswana. Now back at is measured in cattle, not ever since and has built itself UC Hastings, Roht-Arriaza money. Wherever cattle roam, into a middle-income coun- shares a dispatch from the everything else stops and goes try. You can see the wealth: field, in which she describes around them. They even some- BMWs and Audis whiz past my the context, challenges, and times get onto the airfield. door. Not everyone is wealthy, rewards of her assignment. I have been teaching of course. Driving down my human rights law at the street, I see makeshift barber- he monkeys and cows are University of Botswana since shops, car washes, and even T back. The monkeys— January. It’s been a challenge: driving schools set up on the they’re Botswana’s squirrels— no books, little guidance, side of the road, under the swing through the thorn acacia and names I find hard to trees. But I haven’t yet seen the trees outside my window while pronounce. Still, my students grinding poverty of parts of the are interested and eager to African continent. learn, and when I can get Of course, there’s trouble them to overcome their shy- in paradise. Diamonds are ness and talk, they always say running out, and cattle and something interesting and tourism aren’t enough to make surprising. up for the lost revenues. There Botswana is a bit of an are rumblings from traditional anomaly in Africa. Due to chiefs who want to reinstate some brilliant maneuvering the old ways (including cor- by its traditional chiefs, it poral punishment of wayward was never formally colonized youth) and from lawyers by either the British or neigh- who argue that the country’s boring South Africa. It was 1960s–era constitution needs considered a backwater, an updating. But while change is almost empty expanse of scrub coming, I’ll bet the cattle will desert with nothing to recom- keep wandering through the mend it. As soon as the British capital, just as they do now.

The author in Africa at, yes, a warthog crossing. COURTESY OF NAOMI ROHT-ARRIAZA NAOMI OF COURTESY

6 FALL 2012 { IN BRIEF }

STERLING JOHNSON ’12 RECEIVES INAUGURAL DIVERSE VOICES FELLOWSHIP

A RECENT UC HASTINGS GRADUATE IS HONORED FOR HELPING PEOPLE WITH HIV AND AIDS GET BACK ON THEIR FEET

IT GETS BETTER like to get to the root of a problem,” says Sterling Johnson ’12. “The problems I I want to attack are these: What are the root causes of homelessness among people UC Hastings is proud to be part with HIV and AIDS? How can we help get them back into the system?” of the national anti-bullying and At UC Hastings, Johnson participated in the Community Economic Development suicide prevention campaign to Clinic and worked with the AIDS Housing Alliance, a public policy organization that share messages of support for helps protect existing housing and secure new housing for people with HIV and AIDS. the LGBTQ community. To see “Our project is to get the city of San Francisco to create a certain percentage of ﬂex- UC Hastings’ “It Gets Better” ible jobs so people with HIV and AIDS can work part-time,” Johnson explains. video, scan the QR code below. He is also a member of the LGBT Housing Work Group, part of the San Francisco UC Hastings thanks Gerry Human Rights Commission. For his commitment to public service, Johnson was awarded Hinkley ’75, Kendall Patton ’80, the inaugural Diverse Voices Fellowship of $2,500 by Bay Area Lawyers for Individual Mark A. Jordan, Professor Miye Freedom and the Bar Association of San Francisco’s Barristers Club Diversity Committee. Goishi, Professor Beth Hillman, Johnson, who has a rare genetic condition known as TAR syndrome, knows ﬁrsthand and Professor the challenges that people with disabilities can face. “I have found that people with dis- Nancy Stuart ’94 abilities often don’t connect with one another. This scholarship has helped me maintain for their valuable my involvement with people and organizations that work on issues I am passionate contributions to about. It has helped me stay focused on the things that are most important to me.” the project.

UC HASTINGS 7 { IN BRIEF }

BELOVED UC HASTINGS EMPLOYEE AWARDED RUMMEL PRIZE

everly Taylor, a 13-year employee of UC Hastings B College of the Law, recently received the prestigious Rummel Award, which honors a staff member who con- tributes “above and beyond” to the law school. Taylor was recognized for her tireless efforts to help students secure judicial clerkships, in addition to her work for about 20 full- time professors. Every year, dozens of students apply for postgraduate positions as clerks with more than 1,500 federal judges and magistrates, as well as hundreds of state court judges around the country. In what has become an exceedingly competitive process, each student may send out up to 300 application packages, each of which requires two letters of 2012 RUMMEL recommendation from a faculty member. Taylor, who helps SCHOLARSHIP shepherd students through the clerkship application process, organizes and produces some 8,000 to 12,000 letters Nayeli Maxson ’13 is the recipient of each application season. the 2012 Rummel Scholarship, a $3,000 award given annually to a student “Beverly had to invent how to manage this process,” says “whose academic achievement accom- Professor Rory Little, chair of the UC Hastings Clerkship panies meaningful involvement in the Committee, who was among numerous faculty members UC Hastings community.” Maxson, 28, will serve as external vice president to nominate her for the award. “She is a workhorse. With of the Associated Students of UC the students, she is like a mom and a drill sergeant at the Hastings, is active in the Student Health same time. And the students end up loving her because she Advisory Committee, and is a member of the Race and Poverty Law Journal. always gets things done.” She worked this past summer for Rep. The Rummel Award honors the memory of Charles A. Jackie Speier ’76 in her Washington, Rummel ’31, who was one of the founding members of D.C., ofﬁce. Maxson hopes to work as a legislative staffer after graduation. the UC Hastings Foundation, formerly known as the 1066 Foundation, and his wife, Jane.

8 FALL 2012 From left: Valle Makoff attorneys Katherine Kao ’09, Brandon Carr ’11, Rachel Bravo ’09, Jeffrey Makoff ’85, Ellen Fenichel ’94, Mario Nicholas ’10, Heather Landis ’09. Not pictured: Peter Clapp ’82. Firm Commitment School loyalty is a deﬁning quality in Valle Makoff’s San Francisco headquarters

n the Northern California office of Valle When he attended UC Hastings, Makoff I Makoff, a firm specializing in business studied with several professors who had a litigation and corporate control cases, every tremendous impact on his education and attorney has one thing in common: a law career. “My civil procedure professor was degree from UC Hastings. The eight lawyers Mary Kay Kane,” he recalls. “It does not get graduated many years apart—from 1985 to any better than that.” 2011—but they all share a loyalty to their For Mario Nicholas ’10, one of the firm’s alma mater. rising stars, the skills he acquired in a media- Perhaps no one at the firm is more true- tion class taught by Grande Lum proved blue than partner Jeffrey Makoff ’85 (above, invaluable in his work at Valle Makoff. “The center). Makoff explains that when he hires fact that all the attorneys here have attended new attorneys, he always looks for people UC Hastings helps a lot with daily communi- with the potential to become great litiga- cation and collaboration,” Nicholas says. tors—and applicants from UC Hastings tend “Litigation is a contact sport,” adds Makoff. to be top of the line. “All the lawyers we “If you don’t have what it takes, you’ll get beat have hired from UC Hastings have practical up. The lawyers we’ve hired from UC Hastings experience, intelligence, and passion,” says have what it takes. I hope UC Hastings keeps Makoff. “They also have the desire to do a turning out high-quality litigators and that great job for their clients.” graduates will take a look at Valle Makoff.” INTERDISCIPLINARY PARTNERSHIP TO AID SENIORS

UC HASTINGS IS PARTNERING WITH UC SAN FRANCISCO IN ONE OF THE FEW GERIATRICS-FOCUSED MEDICAL-LEGAL CLINICS From left: Dr. Helen Kao of UCSF and UC Hastings IN THE COUNTRY Professor Yvonne Troya.

he new Medical-Legal Partnership for legally vulnerable. The way we are trained in T Seniors (MLPS) begins providing legal geriatrics, we have no understanding of how aid to low-income seniors this fall at the UCSF legal advocates can help our patients.” Lakeside Senior Center. Physicians will now The goal is not only to help patients, but to be able to direct patients who have legal lay the groundwork for ongoing partnerships issues to supervised law students working between doctors and lawyers. “Students are on-site at the clinic. learning how to partner across disciplines,” “These are the frailest adults, the ones we says UC Hastings Professor Yvonne Troya, consider vulnerable from a medical and social who will direct the clinic. “My hope is they perspective,” says Dr. Helen Kao, assistant will become more thoughtful and reﬂective as { professor of geriatric medicine at UCSF. “But individuals, not only in their legal practice but I had never contemplated what it meant to be in every part of their lives.”

Forbes recently reported that UC Hastings is among the top schools when it comes to DID YOU median salaries earned by recent graduates. The survey, compiled by PayScale, looked at graduates from 98 U.S. law schools working in the private sector for ﬁve years or less, KNOW? with UC Hastings ranking No. 24.

10 FALL 2012 { IN BRIEF }

REVISITING THE WAR ON DRUGS

STUDENTS PARTNER WITH THE SAN FRANCISCO HUMAN RIGHTS COMMISSION ON A PUBLIC HEARING

ver since Richard M. Nixon coined the term Commission as their ﬁeld placement for E “War on Drugs” in 1971, the United States’ UC Hastings’ Social Change Lawyering & anti-drug campaign has been a divisive, hotly Community Group Advocacy Clinic. For sev- debated issue. Critics maintain that drug eral months, Frigault and Zohrabi researched enforcement efforts have led to the creation the issues, met with stakeholders, and visited of a permanent underclass who are often rou- communities heavily affected by local and tinely discriminated against. national drug enforcement policies. To raise awareness of this issue, San “People with drug convictions are subject Francisco’s Human Rights Commission orga- to legalized discrimination,” Frigault says. nized a public hearing on April 12, 2012, to “There are many disincentives to them re- highlight the impact of drug enforcement poli- entering the community, including things that cies on those arrested or convicted of minor seem cruel, like denial of food stamps, denial drug crimes and their communities. The hear- of federal education loans, and a one-strike ing included speakers from different policy policy for public housing.” groups and nonproﬁts, including the ACLU of “This was one of the best experiences I’ve Northern California and the NAACP. had,” says Zohrabi. “I was able to go out and Two UC Hastings students, Noah Frigault work as a lawyer, and talk to the community ’13 and Azadeh Zohrabi ’12, helped coor- about their concerns. It helped me learn how dinate the hearing with the Human Rights to deal with different stakeholders.” RAMSEY EL-QARE RAMSEY

UC HASTINGS 11 Our Game-Changing Vision n the dynamic world of academia, one goal I remains constant: to provide first-rate education in the most effective manner. This goal, however, has become more challenging than ever Maiers Give $100,000 in recent years. With reduced state support and changes in the legal market, tuition has skyrock- for Scholarships eted and applications are trending downward. eter and Melanie Maier ’81 have generously To address these challenges, UC Hastings has supported UC Hastings for more than 40 years, designed a bold five-year strategic plan that P enabling the law school to continue enrolling the includes the following priorities: most qualified students and attract top scholars to t Strong global, interdisciplinary, the faculty. Peter, who was a tenured professor at UC Hastings and skills-based focus from 1967 to 1995, established the Bernard and Joan t Reduced JD class size by Maier Memorial Scholarship Fund in 1969 in honor of 20 percent his parents. Peter and Melanie’s recent gift of $100,000 is designated to enhance the fund. They made another t 100 percent increase in student $100,000 gift a few years ago, and UC Hastings has scholarships named the faculty library in the Maiers’ honor. Peter has long been committed to helping UC t At least 10 new, fully funded Hastings retain a world-class faculty. In 1981, he faculty chairs established the Alfred and Hanna Fromm Chair in International and Comparative Law, named for his aunt t Additional faculty support and uncle. t Increased revenue through a Melanie, an accomplished poet, is the author of several volumes of verse, including The Land of Us. Peter strong capital campaign and cofounded Maier Siebel Baber, a real estate investment sponsorship of educational company, and is chairman of Private Wealth Partners. He presently teaches at the University of San Francisco, programs where he is a trustee and chairman of the Fromm Institute of Lifelong Learning.

12 FALL 2012 { ADVANCEMENT }

UC Hastings Receives $340,000 from the estate of Ethnea and William M. Auslen ’52

William M. Auslen ’52, was an assistant district special master, and as a who passed away in attorney in San Francisco, member of the American 2010, had a distinguished where he conducted more Arbitration Association. career as an educator, than 150 jury trials in the At 77, he became a member prosecutor, and judge. Superior Court. of the bar of the Supreme A San Francisco native, Auslen was also a law Court of the United States. he was a graduate of San professor at San Francisco Auslen and his late wife, Francisco City College, San City College and a frequent Ethnea, generously named Francisco State College, lecturer at San Francisco’s UC Hastings as a beneﬁ- and UC Hastings. He served police academy. He contin- ciary of their estate, which in the Korean War as a ued his career as a Superior recently awarded an initial consultant to the Judge Court judge pro tem, on the disbursement of $340,000 to Advocate General, U.S. Superior Court Arbitration the law school. A portion of Army. After the war, Auslen Panel, as a Superior Court the gift will be used to fund a scholarship in the Auslens’ names, and the remainder will be directed toward areas of greatest need. “William valued education very much,” recalls his cousin, Gregg Auslen. “He believed ﬁrmly in giving back to those institutions that helped him advance in his career, and his experience at UC Hastings meant a great deal to him.” The UC Hastings Law Library director suite has been named in the Auslens’ honor.

UC HASTINGS 13 Scott Morris ’76 and Nell Newton ’76 Establish the Jon M. Van Dyke Scholarship Fund

n recognition of the many contributions the I late Jon M. Van Dyke made as a profes- Members of the Oshima family, including Carol Izumi’s sor at UC Hastings from 1971 to 1976, the law grandfather, Yaichi (far left), and mother, Misao (far right). school has established a scholarship fund in his honor. Van Dyke (below), an esteemed scholar, Professor Carol Izumi author, educator, and practitioner, was a professor at the University of Hawaii for 35 years until and Dean Frank H. Wu his death in 2011. The scholarship was created by two grateful Establish Oshima alumni—Scott Morris ’76, who recently gave $100,000 to establish the fund, and former UC Scholarship Fund Hastings Chancellor and Dean Nell Newton ’76—who cite Van Dyke linical Professor of Law Carol Izumi and her hus- as having had a profound C band, Chancellor and Dean Frank H. Wu, have influence on them. “Jon established the Oshima Family Scholarship Fund to was one of the most help support UC Hastings students committed to public engaging teachers I’ve interest careers. The fund, to which Wu and Izumi will ever had,” says Morris. contribute $25,000 annually during his deanship, is named “He helped me under- in honor of Izumi’s late mother, Misao “Iris” Oshima, and stand that if you want her extended family. a society with a strong “My mother’s family came from Japan to California rule of law, you need more than a century ago,” says Izumi. “My grandfather intelligent, committed ran a general store in Sacramento that served Japanese attorneys who are sufficiently broad-minded. American farmers in the area. During World War II, when Jon was all those things.” Japanese Americans were evacuated from the West “Our purpose in establishing the schol- Coast, the Oshimas were sent to the Tule Lake intern- arship is to make sure there continue to be ment camp. This gift is named for them because of the opportunities for qualified students to receive roots they put down in Northern California and because the same extraordinary education we had,” higher education and service to the community were adds Newton. important to the Oshima family.”

14 FALL 2012 { ADVANCEMENT }

Support for Alumni Planned Giving

UC Hastings Foundation will provide planned giving assistance for alumni who want to support the school

With its long history of Among the options are helping qualified students bequests, charitable annui- afford a first-rate legal ties, real estate and real education, UC Hastings property, remainder trusts, remains more commit- and naming UC Hastings as ted than ever to that goal a beneficiary in retirement during these challenging plans and life insurance poli- economic times. cies. The committee is also The decline in state fund- looking into ways to increase ing means the law school cy pres gifts. must support 90 percent of its needs with its own resources, “In my era, California valued education which has propelled UC so highly that they made it possible for Hastings to pursue new and everyone to go. I said that at some point creative ways of fundraising. Earlier this year, the UC in the future, I was going to give back.” Hastings Foundation cre- —John Koeppel ’76 ated the Planned Giving Committee to focus on “Our goal is to provide encumbered by loans. We encouraging members of UC Hastings with a steady need to maximize the school’s the UC Hastings community source of funding that can resources through long-term to include the law school in be budgeted and planned strategies.” their estate planning. Chaired on,” says Koeppel, a part- For information on sup- by UC Hastings Trustee ner at Ropers Majeski Kohn porting UC Hastings through John Koeppel ’76 (pictured Bentley. “We don’t want planned giving, please visit above), the committee will students to graduate bur- www.legacy.vg/uchastings/ educate and advise potential dened with unmanageable giving or contact Shino donors on various ways of debt or have to abandon their Nomiya, assistant dean for supporting the law school dreams of public service institutional advancement, through long-range means. careers because they are at 415.565.4616.

UC HASTINGS 15 { POINT OF VIEW }

Marvin Baxter ’66 [Q&A] The esteemed associate justice of the California Supreme Court discusses his career, California’s deﬁcit, and his abiding love of classic cars.

[ Justice Marvin Baxter ’66 and his wife, Jane, have been among UC Hastings’ most distinguished friends for many years. Justice Baxter, who has served on the California Supreme Court since 1991, is a director emeritus of the law school and received its Distinguished Alumnus of the Year Award in 1998. The Baxters were honored recently by anonymous family donors who made a gift to UC Hastings in the Baxters’ names. The gift was used to create a new Appellate Law Center, now the home of the school’s award-winning Moot Court teams. ]

[Q] What are some of your fond- six years that I held that position, I [Q] What has been the most est memories of UC Hastings? assisted in the appointment of more gratifying aspect of serving on [A] I had three wonderful years than 700 judges. It was a once-in-a- the California Supreme Court? at UC Hastings, which at the time lifetime opportunity because Gov. [A] One constant has been having had the premier law faculty in Deukmejian believed that the most three outstanding chief justices: the nation. I had William Prosser important and lasting responsibility Malcolm Lucas, Ron George, and for torts, Rollin Morris Perkins for a governor has is the appointment Tani Cantil-Sakauye. As important, criminal law, and Everett Fraser of judges. I have had outstanding colleagues for property. They were members throughout this period. Historians of the 65 Club, which was Dean [Q] What qualities did you look will have their views as to how the Snodgrass’ vision to recruit eminent for in candidates for the bench? court has changed philosophically faculty who had reached mandatory [A] Integrity, reputation, and indus- over the years. But I do not see it in retirement age at other law schools. triousness. You also consider where those terms. I see it as a wonderful the individual is from in terms of opportunity to do fulﬁlling work. [Q] In 1983, Gov. George judicial philosophy—whether the Deukmejian named you appoint- person views the judicial role as [Q] What do California’s ments secretary. What did that strictly interpreting the law as budget problems mean for the position entail? opposed to creating the law. It is state judiciary? [A] My responsibilities involved also important to know if there are [A] With California’s $16 billion advising the governor on appoint- any personal, moral, or religious deﬁcit, the leaders of the Judicial ments to the executive and judicial beliefs that would preclude the can- Council are concerned about branches of government. In the didate from carrying out the law. the impact that cuts will have

16 FALL 2012 [ ADVICE CORNER ] What advice would you give a young lawyer who aspires to become a judge?

The most important advice I can give a lawyer with judicial ambitions is to conduct himself or on the state judiciary. It is not a As kids, we had love affairs herself in a way so as to good situation. You do not want to with all the new cars that came out. establish an outstand- compromise the quality of individu- I remember when the Corvette was ing reputation, both in als who are attracted to a judicial introduced in 1953. We begged my terms of practicing law career because of cutbacks to our dad to get one for mom, but back and contributing to the resources. Our sister branch leaders then only celebrities drove them. My community. Someone have to consider how these cuts wife and I have a 1958 turquoise- may have an outstand- will affect individuals as they make and-white Corvette. We like going ing record of courtroom victories but may be career decisions. on Sunday drives, but we only take detested for the tactics the Corvette out if the conditions used, for example. But if [Q] What do you do to relax? are perfect. you are concerned about [A] I have always loved old cars. your reputation, you will I grew up in Fowler, near Fresno, [Q] Did you retain your skills as also be concerned about where my dad had a Chevrolet an auto mechanic? your ability, your ethics, garage. My brother and I used to [A] I could still overhaul an old car and how you treat oppos- work in the garage, helping the today, but I wouldn’t try it on a new ing counsel, litigants, and mechanics overhaul motors. By one. They just have too many bells the judges before whom osmosis, we learned to overhaul and whistles. you appear. motors, too.

UC HASTINGS 17 { JUDICIAL PERSPECTIVE: ALUMNI }

UC Hastings and the California Bench A LEGACY OF LEADERSHIP

The law school has a distinguished history of seeing its graduates rise to prominent positions in the state judiciary.

18 FALL 2012 few years ago, Santa served as judicial appoint- District Court of Appeal, proximity to Sacramento, A Clara Superior Court ments secretary under Gov. who appeared alongside “a seat of power,” where Judge Erica Yew ’85 Schwarzenegger, adds Yew on the panel. “To the governor and other appeared on a judicial panel that UC Hastings enjoys “a me, UC Hastings was the political power players are. at a Bay Area law school. well-deserved reputation ideal setting for acquiring She speculates that being As speakers went down the for being one of the best a great legal education. the UC system’s first law row describing their back- law schools in the nation It’s uniquely situated in school, UC Hastings has grounds, it soon became because of its extraordinary the heart of city, state, a distinguished “history clear that every single judge teachers and scholars. Its and federal government. and legacy” for sending its on the panel had gradu- diverse and accomplished Students don’t have to go graduates to the bench. ated from UC Hastings. Yew alumni include many highly too far to see a state crimi- For Mihara, the old quips: “We joked to those respected jurists and attor- nal trial, watch a bankruptcy adage “a campus is com- students, ‘It’s not too late neys.” While Majors-Lewis proceeding or observe a prised of buildings, but a to transfer.’ ” notes that an applicant’s law racketeering trial in federal school is about the people,” The panel’s composition school is not considered in court. Plus, all varieties he says, “is very true of UC should have come as no the appointment process, of practice are nearby in Hastings. My interpersonal surprise, given that histori- she adds, “It’s not surprising the financial district. It’s a connections were strong.” cally, UC Hastings has sent to learn that UC Hastings’ vibrant, exciting petri dish Even today, whenever he more public servants to the wonderfully diverse alums for the development of encounters a judicial col- California bench than any make up a significant part of young law students.” league who is also a fellow other law school. With so the California judiciary.” UC Hastings’ setting UC Hastings graduate, many alumni in the state For Yew, being a stu- also exposes students to there’s an “immediate tie. judiciary, UC Hastings’ dent at UC Hastings, which the human experience. “You We can share war stories.” commitment to both public is a particularly large and have very wealthy, powerful UC Hastings’ commit- service and diversity pro- competitive law school, international corporations, ment to pro bono work foundly influences the lives meant that “you had to be a but just around the corner, and public service are of California’s citizens. scrapper” to succeed. Not there is extreme poverty, “heavily ingrained” in the According to Lila surprisingly, resourceful- homeless in need of social institution, and therefore Mirrashidi ’09, who served ness also happens to be services, and a large immi- in its alumni, says Mark as deputy appointments an especially useful quality grant population. It was a Schickman, past president secretary under Gov. for judges, says Yew, who real eye-opener,” Mihara of the Bar Association of Jerry Brown, UC Hastings also serves on the Judicial says. “Exposure to all of San Francisco, who now graduates “highly qualified Council and the Commission those experiences enables serves on the American attorneys who go on to do on Judicial Performance. “In a judge to handle a variety Bar Association’s Board great things for California. trial, for example, you have of situations, from self- of Governors. As a result, The student body is incred- to respond in real time to represented people who “Some of the most dis- ibly diverse, producing a objections and questions.” can’t afford lawyers, to tinguished judges on the great pool of candidates While a UC Hastings huge corporate lawsuits, bench are UC Hastings for the bench, which ideally diploma certainly doesn’t to family law and juvenile alumni,” Schickman says. should reflect the diversity guarantee a judgeship, cases. UC Hastings is a great “In terms of practicing in of the state.” “anecdotally, there is launching pad for under- and being on the bench in San Diego County evidence” of a connec- standing those issues.” Northern California, there’s Superior Court Judge tion, notes Justice Nathan Majors-Lewis similarly no better degree than one Sharon Majors-Lewis, who Mihara ’75 of the Sixth notes the school’s relative from UC Hastings.”

UC HASTINGS 19 “THE GOVERNOR HAS TAKEN THE THIRD BRANCH OF GOVERNMENT AND TREATED US LIKE WE ARE THE DEPARTMENT OF COSMETOLOGY. WE HAVE EXAMPLES IN HISTORY OF WHEN THE THIRD BRANCH IS KILLED OFF, AND IT IS NOT PRETTY.”

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Katherine Feinstein ’84 INTO THE FRAY

f California wasn’t facing a multibillion-dollar Feinstein was a member of the San I budget deficit, Katherine Feinstein ’84 Francisco Police Commission, where she had might have stayed out of the limelight, con- the opportunity to act as a hearing officer, tentedly performing her chosen form of public when she decided to become a judge. [ ADVICE CORNER ] service as the presiding judge of the San “I found myself really enjoying being a WHAT ADVICE Francisco Superior Court. neutral,” she says. “Life is not black and white. WOULD YOU But when Gov. Jerry Brown announced I think that at a certain age, you start to realize GIVE A LAWYER his plan to cut $544 million in funding to that. As a young attorney, you may be more MAKING HIS OR HER California’s already crippled judicial branch, of a true believer, but then you see there are FIRST COURTROOM Feinstein swiftly jumped to defend her court two sides to every story. I liked being neutral, APPEARANCE? in her role as its chief manager. “The gover- ensuring that relevant, admissible evidence nor has taken the third branch of government was considered, that evidence that was not Dress professionally. and treated us like we are the department of relevant was thrown out, and that decisions You are not in court cosmetology,” Feinstein fumed, echoing other were based on sound evidence.” representing yourself. statements she had made to newspapers. In 2000, Feinstein was appointed to the I think sometimes “We have examples in history of when the San Francisco Superior Court by Gov. Gray attorneys forget that third branch is killed off, and it is not pretty. Davis. Within the court, she again gravitated their clients are ner- It is definitely not something we would ever toward juvenile dependency, delinquency, and vous. Often, it’s the want to see repeated.” family law cases, as well as the Youth Family first time a person has Generally low-key and even shy by tem- Violence Court. been to the court. The perament, Feinstein, who is the daughter of “I loved being in juvenile court,” Feinstein last thing they want is longtime Sen. Dianne Feinstein (D-CA), says says. “With the lessened formality, you get to for their attorney to her upbringing taught her to speak out when know families and have the ability to be cre- seem unprofessional. needed. “Let me put it this way: I’ve spent ative. You can try to put together something a lot of time in wood-paneled rooms with that works.” important people,” she says. “I respect them, Feinstein was the cofounder of the SF but I don’t fear them.” SQUIRES (San Quentin Utilization of Inmate After attending UC Berkeley and work- Resources, Experience, and Studies) program, ing in the newsroom at KQED-TV throughout which brings young people in the juvenile college, Feinstein enrolled at UC Hastings, court system to San Quentin to learn about intending to return to a journalism career once prison life from inmates serving life sentences. she finished her law degree. “I thought, and I In 2011, Feinstein was unanimously elected continue to think, that the skills I learned at UC by her peers to serve as the presiding judge Hastings would be invaluable in many profes- of the San Francisco Superior Court. She was sions,” she says. promptly thrust into the middle of the worst She decided, however, to take a job as budget battles the state has ever seen. a prosecutor in the San Francisco District So what’s she going to do about it? Attorney’s office. She entered private prac- “Believe me, although I’m fundamentally tice with a focus on juvenile dependency and a pretty shy, introverted person, I can be contested family law custody matters before scrappy,” says Feinstein, who has proposed moving to serve as the lead attorney of the that the judicial branch be more active about Family & Children’s Services Team at the San explaining itself to legislators. “I’m going to Francisco City Attorney’s Office. fight for my court.”

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Carol Corrigan ’75 STEWARD OF THE LAW

alifornia Supreme Court Associate Corrigan’s steadfast adherence to the C Justice Carol Corrigan ’75 has infinite law as it stands follows her conviction that “a respect for the law in a democracy. “Judges judge’s power is circumscribed by the people are stewards of the law, not philosopher who give us these jobs.” The daughter of kings,” she says. “I’m not allowed to say, ‘If a librarian and journalist, neither of whom I ruled the world, this is how it would be.’ attended college, she describes her career Instead, I ask, ‘What does the law require or trajectory as completely unscripted. “It would allow in a particular circumstance?’ ” have been presumptuous to assume I would When the court sided with Oakland’s have the opportunities I have had,” says Catholic bishop and refused to reinstate a Corrigan, who is deeply committed to giving lawsuit by six brothers who alleged they were back. Among her many charitable activities is molested by a priest in the 1970s, Corrigan, a serving as board president of Saint Vincent’s lifelong Catholic, dissented. She also dis- Day Home, a child development center in sented on a search and seizure case later Oakland. (Corrigan is pictured with children overturned by the U.S. Supreme Court, sur- from Saint Vincent’s at right.) prising many who know her as conservative by After graduating from UC Hastings and arguing that the majority wanted to grant too working as a prosecutor in the Alameda much authority to the police. County District Attorney’s office, she became Repeatedly, Corrigan has ruled not with a judge in the county’s Municipal Court in her community, and perhaps not always with 1987. She became a judge in the Alameda her heart, but with her best appreciation of County Superior Court in 1991 and a justice in where the law stands. the California Court of Appeal, First District, Such was the situation when the California in 1994. In 2006, Gov. Arnold Schwarzenegger Supreme Court ruled that voters had the appointed her to California’s highest court. authority to limit the definition of marriage “It is a great privilege to be able to decide to a union between a man and a woman. on the pressing issues of American life,” she Corrigan agreed that Proposition 8, passed says. “It doesn’t get much better than this.” by 52 percent of California voters, should stand. As she wrote in her dissent, “In my view, Californians should allow our gay and lesbian neighbors to call their unions marriages. But I, and this court, must acknowledge that a majority of Californians have a different view.” When the court ruled on Proposition 8, [ ADVICE CORNER ] Corrigan said that throwing out the measure WHAT ADVICE WOULD YOU GIVE A LAWYER ON HOW would amount to a pocket veto by officials over TO INTERVIEW CLIENTS? the electorate. “By allowing that, you run the Ask open-ended questions. Really listen to the answers, risk that people will lose faith in the law, and and reward honesty, even if you don’t like the answers. disenfranchisement is a corrosive problem in It’s of course never a good idea to lie to your attorney, society,” she says. but the attorney plays a part in that not happening.

22 FALL 2012 “ IT IS A GREAT PRIVILEGE TO BE ABLE TO DECIDE ON THE PRESSING ISSUES OF AMERICAN LIFE. IT DOESN’T GET MUCH BETTER THAN THIS.”

UC HASTINGS 23 Charles Smiley ‘97 COMMUNITY CONNECTIONS

uring one law school summer, Charles As a defense lawyer, Smiley studied judging [ ADVICE CORNER ] Smiley ’97 interned for the Alameda styles. This proved useful when, in 2007, he was D WHAT ADVICE County Public Defender’s Office, where, he appointed a court commissioner, handling traf- DO YOU HAVE says, he “fell in love with trial work.” fic, family, civil harassment matters, and small FOR JUDICIAL Then, during his third year, Smiley served claims. That experience prepared him for his CANDIDATES WHO as an extern for a federal magistrate. “Seeing current job, managing felony preliminary hear- WANT TO DEEPEN how professional and dignified she was, I ings and misdemeanor jury trials as a judge on THEIR TIES TO THE thought, ‘I wish I could be at a level to do this the Alameda County Superior Court. COMMUNITY? someday.’ That experience opened me up to “I love the job,” Smiley says. “I get to work the possibility of working as a judge.” with talented lawyers on serious issues that Be involved. As a Smiley soon changed his voter status to affect people’s lives.” public defender, I undeclared, signaling that joining the judiciary When Smiley is not on the bench, the for- worked on fixing wasn’t simply a pipe dream. “It was evidence mer songwriter and collegiate rower spends problems. I soon that becoming a judge someday was more time with his wife and four-year-old daughter. wondered, “How can of a plan than I wanted to admit,” he says. “I He’s a film and history buff with a particular I get in front of this?” thought it was important to be neutral.” interest in the history of African American I began volunteering After graduating from UC Hastings, Smiley lawyers and judges. President-elect of the Earl for youth programs. became an Alameda County deputy public Warren Inn of Court, Smiley also speaks at bar Be connected to the defender, a job that offered “immediate feed- associations and nonprofits, and has taught community that you back on how the justice system is perceived,” trial advocacy at UC Hastings. are serving. he says. “Sometimes clients left feeling they’d Smiley attributes his achievements in part had a fair shake, and other times they felt the to “very good professors who taught me a system wasn’t working, even if they’d won the new way of thinking about how decisions case. I learned that people expect a lot from get made. I left UC Hastings with the tools I the branch.” needed to be successful.”

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nce a week, U.S. District Judge Edward O J. Davila ’79 welcomes his law clerks and interns into his office at the San Jose Edward J. Davila ‘79 Courthouse, and listens as they share their research on pending cases. Davila enjoys the INSPIRATIONAL JOURNEY TO THE collaboration and interplay with his bright, energetic staff. Yet there’s another reason FEDERAL BENCH these meetings happen to be Davila’s favorite time of the week. “I strongly believe in opening up opportunities for law graduates, law students, or even college students to be exposed to what we do here in the court. I really feel it’s a public service,” he says. Davila’s commitment to helping others may stem from his own humble beginnings. Raised by a single mother in a working-class Latino family, Davila was the first in his family to attend college. He became interested in law after studying the tragic impact of U.S. government treaties with Native Americans. After graduating from UC Hastings, Davila became a deputy public defender in Santa Clara, feeding his passion for bringing justice to the poor and underserved. There, he met his wife, Mary Greenwood ’81, who served as Santa Clara County’s first female public defender and is now on the Santa Clara County Superior Court bench. Even when he left the public defender’s office seven years later to start a private firm, Davila & Polverino, he continued to provide defense counsel to clients from all backgrounds. Davila credits his involvement in the Santa Clara County Bar Association with landing him an appointment as a Superior Court judge in 2001. (His most infamous case involved a human finger planted in a bowl of Wendy’s chili.) Ten years later, Sen. Barbara Boxer (D-CA) nominated Davila to the U.S. District Court for the Northern District of California. He [ ADVICE CORNER ] received Senate approval and was appointed WHAT ADVICE WOULD YOU GIVE A LAWYER WITH by President Barack Obama last year. At the DOUBTS ABOUT HIS OR HER CASE? time of the appointment, Davila was the only Have the confidence to know when your argument won’t Latino judge in the Northern District. carry the day. The hardest thing for a lawyer to do is to say, Davila presides over some of Northern “I don’t have the facts to win, but I can do the best I can here California’s most influential cases. Though he for my client.” Don’t make your whole career about one case. works long hours and finds the judicial bench isolating, Davila says he’s grateful that his life and work have taken him this far. “I’m so blessed and fortunate to be around such wonderful people who’ve helped me with my career,” he says.

UC HASTINGS 25 { JUDICIAL PERSPECTIVE: ALUMNI }

alifornia State Bar Court Hearing Judge C Patrice McElroy ’78 has lived in the Bay Area nearly all her life. She went to high school in Belmont, attended UC Berkeley, and gradu- Patrice McElroy ‘78 ated from UC Hastings. The daughter of a Peace Corps director, WEIGHING IN ON she grew up interested in civil rights and legal aid, and while at UC Hastings, she interned PROFESSIONAL RESPONSIBILITY at the Employment Law Center and the State Public Defender’s Office. After she graduated, a friend from law school told her that the San Francisco Public Defender’s Office was hiring. She got a job there and found her calling working in the juvenile courts. “At the Public Defender’s Office, nobody wanted to go to the juvenile courts. I was like, ‘Oh no, I have to defend parents who do awful things to their kids.’ But once I got working with the dependency system and seeing how it all begins with childhood, I knew I wanted to make a difference there.” While at the office, she second-chaired a death penalty case, and the research she did for the penalty phase of her client’s trial taught her firsthand how childhood experiences impact behavior. She went on to private practice and then, through another UC Hastings friend, learned about a job at the National Center for Youth Law. While working there, she was involved in a number of high-profile cases, including a class action lawsuit that resulted in the reform of Utah’s child welfare system. McElroy admits that she eventually burned out practicing juvenile dependency and juvenile delinquency law. One day, flip- ping through the Recorder, she saw that the California State Bar Court had an opening for a hearing judge. “I asked a friend, and she said, ‘I think you’d be bored,’ ” McElroy recalls. Now, [ ADVICE CORNER ] nearing the end of her second six-year term, WHAT ADVICE CAN YOU GIVE ATTORNEYS TO HELP THEM she says she finds the court, which deals with STAY OUT OF TROUBLE? attorney misconduct and other State Bar First, lawyers need to understand the difference between regulatory and disciplinary matters, to be true retainers, nonrefundable retainers, and an advance fee thoroughly fascinating. agreement. They should maintain adequate records and never “I had no idea how hard it is to be a commingle personal funds with client funds. They should judge,” says McElroy. “But if I give myself not represent multiple clients in the same matter or accept some distance, I think my decisions get better compensation from anyone other than the client. Finally, they because then I’m not dealing with the soap should never ignore a letter from the State Bar. opera of the court. With distance, I can look clearly at the facts.”

26 FALL 2012 or Donald Franson Jr. ’78, a successful life F requires taking advantage of every opportunity. That philosophy has led to a host of different chapters in his 34-year legal career. Ultimately, it prompted him to become a judge with California’s Fifth District Court of Appeal—the same position his late father, Donald Franson Sr. ’51, held more than two decades ago. Was this part of a strategic father-son plot to dominate the Central Valley bench? Not at all, says Franson (pictured at left with a bust of his father), who barely considered becoming a lawyer, much less a judge, until after college. Yet he admits the judgeship has suited him better than he expected and has left him reﬂecting on the ways his father’s legacy still shapes his practice. Franson remembers his father as an esteemed ﬁgure in the legal community, the type of judge with whom lawyers could disagree but always respect. When it came time to pick a law school, Franson chose UC Hastings, partly because his father had always spoken highly of the school. “My father had told me about UC Hastings’ 65 Club, which hired top faculty after they had been forced into retirement at other law schools. UC Hastings was literally the Who’s Who of law professors,” says Franson, whose son, Donald “Ross” Franson III ’11, also attended UC Hastings. After graduation, Franson held a wide range of legal positions. Then, sitting at a local lunch coun- ter in 2004, he ran into California State Supreme Court Justice Marvin Baxter ’66, who suggested Franson apply for a judicial appointment. Franson hesitated but eventually decided to give it a try. [ ADVICE CORNER ] Gov. Arnold Schwarzenegger appointed Franson WHAT ADVICE WOULD YOU GIVE TO ASPIRING JUDGES? to the Fresno County Superior Court in 2005 and the Fifth District Court of Appeal in 2010. Don’t burn any bridges. Some lawyers these days act like Franson revels in the freedom judges have to politicians, insulting the other side, writing nasty letters. But seek right decisions “without having a gun to my when you apply to become a judge, those same lawyers will head.” He’s especially proud that he models his be questioned about you. Let’s return to civility in law. court after his father’s high ethical standards. “My dad believed his position as a judge was a sacred trust,” he says. “I guess you could say I try to model myself after him in this way.” Donald Franson Jr. ‘78 ALL IN THE FAMILY

UC HASTINGS 27 “ IN CALIFORNIA, BEING A JUDGE IS A CAREER IN AND OF ITSELF, SO IT ATTRACTS PEOPLE WHO ARE A BIT YOUNGER. ” - MARK MANDIO

Mark Mandio ’92

Tamara Ribas ‘95

Ashley Tabaddor ‘97

“ HAVING WORKED AT A UC HASTINGS CLINIC INFORMS MY WORK AS A JUDGE. ” - TAMARA RIBAS ’95

28 FALL 2012 { JUDICIAL PERSPECTIVE: ALUMNI } Generation

California’s “professional judiciary” The New Judges: encourages young lawyers to think about moving to the bench early in their careers, according to Mark Mandio ’92, a Riverside Young, Flexible, and County Superior Court judge. “In California, being a judge is a career in and of itself, so it attracts people who are a bit younger. With Tech Savvy the judicial retirement system, you have to put in 20 years, but you can’t retire before 65, so UC HASTINGS’ ALUMNI MAKE UP SOME OF you actually need to think about it in your early 40s,” explains Mandio. THE MOST EXCITING NEW FACES ON THE Tamara Ribas ’95 has served for six years as a judge on the U.S. Merit Systems CALIFORNIA BENCH. Protection Board, the quasi-judicial agency that adjudicates appeals from federal civilian ust eight years out of law school, Ashley employees concerning certain employment JTabaddor ’97 was appointed by the U.S. matters. At UC Hastings, she participated in attorney general as one of the youngest law- a criminal trial clinic, which inspired her to yers ever to serve on the Immigration Court become a deputy public defender. Later, she in Los Angeles. Becoming a judge less than worked at the Office of General Counsel, U.S. 10 years after graduating “has definitely been Department of Health and Human Services, a dream realized,” she says. “It’s one of the where she advised the Indian Health Service, most rewarding jobs you can have. It impacts gaining civil experience handling federal people’s lives at a fundamental level. And employment matters. everything about my UC Hastings education,” Ribas says UC Hastings’ clinical offerings she adds, helped her land the judgeship. lay the groundwork for a variety of careers. No fewer than 17 post–1990 UC Hastings Specifically, clinics give students an opportu- alumni serve as judges on courts in California, nity to represent a “diverse range of people from superior courts to federal agencies. and gain a sense of justice,” she says. With UC Hastings’ students winning national Alameda County Superior Court Judge and international Moot Court competitions Charles Smiley ’97 similarly insists that and the school’s Center for Negotiation and working at the Civil Justice Clinic “shaped Dispute Resolution ranked ninth by U.S. News my approach to being a public defender and WE’RE MORE “ and World Report, UC Hastings turns out a affects the work I do now on the bench.” OPEN TO decidedly new breed of judges, reflecting the Like at the clinic, “as a judge, you’re meeting latest legal training. The plethora of young people’s needs. There’s a human element to PARADIGM judges shows that UC Hastings “continues everything you do.” to produce top-notch lawyers,” says Lila Not surprisingly, technology has a SHIFTS. WE CAN Mirrashidi ’09, Gov. Jerry Brown’s former “massive influence” on the contemporary deputy appointments secretary. courtroom that these young alums are espe- BE FLEXIBLE IN The number of young alumni serving as cially adept at leveraging, Mandio notes. judges “says great things about UC Hastings,” For her part, Ribas uses an e-filing system A CHANGING adds Miriam Morton ’93, a supervising judge and an online case management program, on the San Bernardino County Superior Court. in addition to telecommuting when she is WORLD AND “The school is getting applicants who are not presiding over a hearing. “Newer judges THE CHANGING bright, public-service minded, and who are expect these opportunities,” she says. moving into leadership positions.” Their ease with technology represents DEMANDS OF Morton believes her work at the UC a broader attitude that these young alumni Hastings Civil Justice Clinic instilled in her the bring to the judiciary, according to Tabaddor. THE JOB. ” importance of a “client-based practice,” which “We’re more open to paradigm shifts. We can she applied to her work as a solo practitioner be flexible in a changing world and the chang- - ASHLEY TABADDOR focused on criminal defense and bankruptcy. ing demands of the job.”

UC HASTINGS 29 { JUDICIAL PERSPECTIVE: ALUMNI }

Humboldt County Judge Timothy Paul Full Court Press Cissna ’76

UC HASTINGS ALUMNI HAVE SERVED THE PEOPLE Imperial County OF THE STATE OF CALIFORNIA IN COUNTLESS WAYS. Judge Poli Flores Jr. ’80 HERE, WE HONOR THE ACTIVE SITTING STATE COURT Kern County Judge Sidney P. Chapin ’71 JUDGES WHO COMMIT THEIR CAREERS TO PUBLIC Judge Robert S. Tafoya ’78 SERVICE ON THE BENCH. Judge Kenneth C. Twisselman II ’77

Lake County Judge Andrew Blum ’84 California Supreme Court Sixth Appellate District Butte County Judge Stephen O. Justice Marvin R. Baxter ’66 Associate Justice Richard J. Commissioner David E. Hedstrom ’74 Justice Carol A. Corrigan ’75 McAdams ’68 Gunn ’76 Judge David W. Herrick ’74 Associate Justice Nathan D. First Appellate District Mihara ’75 Colusa County Lassen County Associate Justice James R. Judge Elizabeth Ufkes Commissioner Stanley Lambden ’75 Alameda County Olivera ’85 Dawson Arnold ’60 Associate Justice Timothy Superior Court A. Reardon ’66 Judge Lawrence John Contra Costa County Los Angeles County Associate Justice Peter J. Appel ’69 Judge Steven K. Austin ’81 Commissioner Douglas G. Siggins ’80 Judge Gail Brewster Judge Jill C. Fannin ’87 Carnahan ’75 Bereola ’79 Judge Lois Haight ’65 Judge Lisa H. Cole ’80 Third Appellate District Judge Rhonda N. Judge Rebecca Hardie ’91 Judge Debra Cole-Hall ’88 Associate Justice George Burgess ’82 Judge John T. Laettner ’83 Commissioner David J. Nicholson ’67 Presiding Judge C. Don Judge Thomas M. Cowan ’88 Clay ’81 Maddock ’77 Commissioner Loren M. Fourth Appellate District Judge Tara M. Desautels ’97 Judge Terri Mockler ’82 DiFrank ’83 Associate Justice Thomas E. Judge Keith H. Commissioner Judith A. Judge John R. Doyle ’78 Hollenhorst ’71 Fudenna Sr. ’74 Sanders ’82 Judge Victor H. Associate Justice Raymond Judge Michael Joseph Judge George V. Spanos ’75 Greenberg ’85 J. Ikola ’74 Gaffey ’84 Judge Nancy Davis Stark ’82 Judge John L. Henning ’64 Associate Justice Art Judge Dan C. Grimmer ’73 Judge Trevor S. White ’83 Judge Ernest M. McKinster ’71 Commissioner Boydine Hiroshige ’70 Hall ’84 El Dorado County Judge Michael M. Fifth Appellate District Judge George C. Judge Nelson K. Brooks ’82 Johnson ’76 Associate Justice Donald R. Hernandez Jr. ’76 Judge Renee Korn ’90 Franson ’78 Judge Morris D. Fresno County Judge Ruth Ann Kwan ’81 Associate Presiding Justice Jacobson ’86 Judge Jane Cardoza ’81 Judge Bernie C. Brad R. Hill ’83 Judge Christine K. Moruza ’76 Judge Hilary A. Chittick ’79 LaForteza ’90 Associate Justice Stephen J. Judge Stephen M. Judge W. Kent Hamlin ’87 Commissioner Stephen C. Kane ’76 Pulido ’78 Judge James A. Kelley ’92 Marpet ’66 Judge Gloria F. Rhynes ’80 Commissioner Phillip A. Judge Patti Jo McKay ’74 Judge Frank Roesch ’73 Silva ’75 Referee Arnold Mednick ’79 Judge Jon R. Rolefson ’73 Judge M. Bruce Smith ’81 Judge Randall F. Pacheco ’78 Judge Charles Smiley ’97 Judge Richard R. Romero ’74 Judge Julia Talmon Judge Shari Kreisler Spain ’81 Silver ’74 Judge B. Scott Silverman ’75 Judge Mark E. Windham ’83

30 FALL 2012 Madera County Sacramento County San Mateo County Stanislaus County Judge Ernest J. Licalsi ’84 Judge Ben Davidian ’80 Judge Donald Ayoob ’81 Judge Robert M. Judge Mitchell C. Rigby ’77 Referee Peter S. Helfer ’78 Commissioner Hugo R. Beauchesne ’75 Judge Russell L. Hom ’81 Borja ’86 Judge Marie S. Silveira ’81 Marin County Commissioner Christopher Judge John L. Judge Thomas Zeff ’76 Judge Terrence R. Boren ’68 Longaker ’65 Grandsaert ’77 Commissioner Harvey E. Judge Troy L. Nunley ’90 Commissioner Susan Lynn Sutter County Goldﬁne ’71 Judge Jaime R. Roman ’76 Greenberg ’84 Judge H. Ted Judge James R. Ritchie ’72 Judge Lisa Novak ’92 Hansen ’72 San Bernardino County Judge Joseph C. Scott ’76 Judge Perry M. Parker ’72 Mendocino County Judge Alexander Judge Marie S. Weiner ’83 Judge Cindee F. Martinez ’95 Tehama County Mayﬁeld ’84 Judge Miriam I. Morton ’93 Santa Barbara County Judge Richard B. Judge Clifford R. Scheuler ’73 Merced County San Diego County Anderson III ’78 Commissioner Ralph J. Judge Cynthia Bashant ’86 Judge Jean M. Dandona ’78 Tulare County Cook ’73 Judge Joel M. Pressman ’72 Judge James F. Iwasko ’70 Commissioner Hugo J. Judge Kenneth K. So ’77 Loza ’79 Modoc County Santa Clara County Judge Francis W. Barclay ’81 San Francisco County Judge Julia Tuolumne County Judge Ellen L. Chaitin ’73 Alloggiamento ’94 Judge Eric DuTemple ’71 Monterey County Judge Katherine Judge Thang Nguyen Judge Kay T. Kingsley ’81 Feinstein ’84 Barrett ’88 Ventura County Judge Samuel Feng ’86 Judge David A. Cena ’78 Judge Frederick H. Napa County Judge Kathleen A. Kelly ’84 Judge Sharon Chatman ’89 Bysshe Jr. ’62 Judge Mark S. Judge Charlene P. Judge Julie Emede ’95 Boessenecker ’86 Kiesselbach ’77 Judge Mary J. Yuba County Judge Raymond A. Judge Newton J. Lam ’80 Greenwood ’81 Judge Julia L. Scrogin ’89 Guadagni ’71 Judge Patrick J. Judge Edward Lee ’83 Judge Diane M. Price ’79 Mahoney ’69 Judge Michele McKay Judge Kevin M. McCoy ’77 Help us keep this list Orange County McCarthy ’85 Judge Beth McGowen ’90 current. Send changes to Judge John L. Flynn III ’82 Judge Lillian K. Sing ’75 Judge Erica Robin Yew ’85 [email protected]. Judge Jamoa A. Judge Julie Tang ’82 Judge Theodore C. Moberly ’76 Commissioner Rebecca L. Zayner ’83 Commissioner Thomas J. Wightman ’81 Judge Carrie A. Zepeda ’89 Rees ’74 Judge Scott A. Steiner ’99 San Joaquin County Santa Cruz County Judge Lesley D. Holland ’79 Judge John Gallagher ’80 Riverside County Judge Carter P. Holly ’77 Judge Richard A. Judge Richard M. Shasta County Erwood ’73 Mallett ’79 Judge Bradley L. Judge Jorge Hernandez ’89 Boeckman ’70 Judge Jacqueline San Luis Obispo County Jackson ’95 Judge Martin Tangeman ’78 Solano County Judge Mark A. Mandio ’92 Judge Scott L. Kays ’76 Judge Jeffrey J. Prevost ’71 Judge Michael C. Judge Michael Rushton ’92 Mattice ’76 Commissioner William Pendergast III ’97

Sonoma County Judge Robert S. Boyd ’71 Judge Peter Ottenweller ’80

UC HASTINGS 31 [ ADVICE CORNER ] WHAT ADVICE WOULD YOU GIVE TO SOMEONE INTERESTED IN A U.S. SUPREME COURT CLERKSHIP? You don’t get a U.S. Supreme Court clerkship unless you’ve had a prior clerkship. Some judges are viewed as feeders to the Supreme Court, so it’s important to research where Supreme Court clerks have previously clerked and consider apply- ing to those judges. But nobody gets a Supreme Court clerkship for one reason alone. It’s a mix of academic success, interesting life experiences, connections, contacts and references, persistence, chemistry, and luck. “Lightning striking” is truly the best description, although you need to be positioned to attract it. ACADEMIA AND THE BENCH THE AND ACADEMIA LITTLE, OF THE JUDICIAL RORY KNOWLEDGE SYSTEM, INTIMATE THEIR WITH OF CARRYING ON THE CHALLENGES LIGHT AND DONNA RYU SHED LEE, EVAN OUR SOCIETY’S LAWS. AND CREATING INTERPRETING, OUT,

32 FALL 2012 { JUDICIAL PERSPECTIVE: FACULTY }

RORY LITTLE CLERKING 101

here may be no more T knowledgeable expert DRAWING ON HIS UNIQUE EXPERIENCE CLERKING AT THE U.S. on the subject of judicial SUPREME COURT, PROFESSOR RORY LITTLE HELPS STUDENTS clerkships than Rory Little. A professor of law at UC FIND THEIR WAY TO SOUGHT-AFTER JUDICIAL CLERKSHIPS. Hastings since 1994, Little chairs the Career Placement and Judicial Clerkships Committee, advising students on how to land the Louis F. Oberdorfer for the Supreme Court,” he No. 1 and have clerked for a increasingly coveted clerk- one year, but he still had adds. “The justices struggle judge, even more doors will ships once they graduate. his eye on a clerkship at with the hardest issues of the open for you.” There is also To this task, Little brings not the high court. Through a day and are asked to make a major financial incentive— only genuine commitment combination of intellectual decisions that have incred- some law firms pay new hires to his students’ success but gifts, tireless perseverance, ible ramifications. And they a $250,000 bonus if they also a unique perspective and a few strokes of right- are just human beings, after have had a U.S. Supreme on the subject, having had place-right-time luck, Little all, trying to do their best.” Court clerkship and as much a one-of-a-kind clerkship at obtained a clerkship with as $50,000 for a lower court the U.S. Supreme Court in retired U.S. Supreme Court NAVIGATING THE clerkship. the early 1980s. Justice Potter Stewart. CLERKSHIP EXPERIENCE Today, obtaining a clerk- In fact, Little says his Stewart maintained an Coming to the realiza- ship is more competitive than own experience was so office in the Supreme Court tion that judges are mere ever. The applicant pool has transformative that he wants but, being retired from the mortals is one of the many become flooded with stu- his students to fully appreci- bench, did not have enough benefits of clerking, Little dents, alumni, and practicing ate how valuable clerking work to occupy a full-time says. Because clerks see attorneys seeking work dur- can be to their careers. “My clerk. So Little managed to judges up close, on good ing the economic downturn. year at the Supreme Court fill his hours—which were days and bad, the judges will In addition, the phenomenon was incredible,” Little says. typically 8 a.m. to midnight— inevitably reveal their imper- of “permanent clerks”— “I worked for five different eventually clerking for four of fections. “I tell my students those who stay on indefinitely justices. As far as I know, the sitting justices: William that they will be far better in certain courts that allow no one has ever done that Brennan, Lewis Powell, John lawyers once they lose their it—has greatly reduced the before. And nothing has Paul Stevens, and Warren awe of judges,” says Little. number of openings. been more important to my Burger. In short order, “Once they understand that Little works with Sari career than that experience, Brennan picked him up full judges react to things that Zimmerman and Fairuz for a myriad of reasons.” time, but he continued to do other people react to, they’ll Abdullah in the Office work for the other three. see how the law is shaped by of Career & Professional INSIDE THE HIGH COURT “It was utterly thrilling,” a lot of human factors.” Development on yearly pan- Little says he did not know says Little. “I wrote labor Among other advantages els and programs to help law much about clerkships law opinions, constitutional of a clerkship, according to students navigate their way while a student at Yale Law opinions, First Amendment Little, are the connections to these prized opportunities. School, but after reading The opinions, and criminal one forges with co-clerks, And there could be no Brethren, the 1979 best-seller opinions. I would prepare who often rise to become better guide to this process about the inner workings the justices with background, leaders of the legal profes- than Little, who brims with of the Supreme Court, he write up questions for them sion. Most clerks also find enthusiasm at the very men- decided that “there was to ask at oral argument, and that the experience is an tion of clerkships. “It’s an nothing I wanted more than help them shape their voting instant career enhancer. “If intense experience,” he says, to clerk there.” statements. you graduate first in your “but if you like the work, as I Upon graduating from “At the end of the day, class from UC Hastings, you’ll did, you can’t get enough of Yale in 1982, Little clerked I came away with huge have great opportunities,” it. To my mind, nothing could for U.S. District Court Judge respect for the integrity of says Little. “But if you are be more exhilarating.”

UC HASTINGS 33 he road from academia Ryu launched her legal T to the bench may be less career at McCutchen Doyle traveled, but U.S. Magistrate Brown & Enersen in San DONNA RYU Judge Donna M. Ryu says Francisco. She later formed she covers some of the same her own firm, Ryu Dickey & FROM ACADEMIA territory in her current post Larkin. She was an associate as she did in her previous professor at Golden Gate job as a clinical professor at University Law School before TO THE BENCH UC Hastings. joining the UC Hastings “There are definite con- faculty in 2002. At the UC nections between being a Hastings Civil Justice Clinic FORMER UC HASTINGS PROFESSOR good teacher and being a (CJC), she worked with stu- DONNA M. RYU MADE A RARE good judge. Both require dents to score a California TRANSITION FROM CLASSROOM TO strong analytical skills and Supreme Court victory in the ability to communicate the landmark employee COURTROOM WITH FAIRNESS, well,” says Ryu, who was compensation case Murphy CANDOR, AND GRACE. appointed in 2010 to the v. Kenneth Cole Productions, U.S. District Court, Northern which led to a $1 million District of California. “In award of attorneys’ fees to both instances, an impor- CJC. tant aspect of the job is to Among Ryu’s many facilitate proceedings. In honors are the California the classroom, my objec- Lawyer Attorney of the Year tive was to engage students Award for Employment Law, in a full discussion of the the Asian American Bar learning goals. My job in the Association’s Joe Morozumi courtroom is to ensure that Award for Exceptional Legal people have a fair opportu- Advocacy, and UC Hastings’ nity to be heard and that I Rutter Award for Excellence get the information I need to in Teaching. Her appoint- make a just decision.” ment marked many firsts Ryu’s professorial expe- for the Northern District of riences also have influenced California: She is the first aspects of her courtroom Asian American woman, first demeanor. “Transparency Korean American, and first in decision making is a key lesbian to become a mem- aspect of justice. I try to ber of that bench. explain things so that even Yet even with her suc- if people get an adverse rul- cessful transition to the ing, at least they know how judiciary, Ryu admits that I got there,” she says. “As a teaching is still in her blood. judge, I work with lawyers “I absolutely miss it,” she and litigants from all walks says with a smile. “I pretty of life. I try to put myself in routinely warn [UC Hastings their shoes, just as I did with Academic Dean] Shauna my law students. I’ve found Marshall that I will be knock- [that doing this] is a very ing on her door soon to let important tool.” me teach a class or two.”

[ ADVICE CORNER ] WHAT ADVICE WOULD YOU GIVE TO LAW SCHOOL PROFESSORS WHO HAVE THEIR SIGHTS ON BECOMING A TRIAL COURT JUDGE? Make sure you have well-rounded experience in managing and litigating cases: all the nuts and bolts of trials, all the work of the motions and discovery, and the pace of cases. These are things you really can’t learn from a book.

34 FALL 2012 EVAN LEE INTERPERSONAL COUNSEL

FOR THIS AWARD-WINNING PROFESSOR, IT’S THE HUMAN ELEMENT THAT KEEPS THE LEGAL FIELD SO ENGAGING.

his summer, UC Hastings That melding of law and T Professor Evan Lee trav- personal relationships has eled to Washington, D.C., for kept Lee engaged in his the 15th year in a row to pro- profession for the past 23 vide on-air analysis of U.S. years. The Yale-educated Supreme Court cases for a academic is genuinely television program called fascinated by the law, Supreme Court Term in which comes across in his Review. The show, produced energetic and animated by the Federal Judicial teaching of criminal law and Center, demands extensive federal courts classes at UC preparation and pays little, Hastings. Yet it’s the per- [ ADVICE CORNER ] says Lee. Yet he loves every sonal attention to students WHAT ADVICE WOULD YOU GIVE TO minute of it. that has contributed most ATTORNEYS PREPARING TO ARGUE BEFORE “Interacting with my to Lee’s numerous awards, A FEDERAL JUDGE? fellow panelists is truly including Outstanding stimulating,” Lee says of Faculty Member of the Year, If the judge is leaning your way, just look confident his colleagues Dean Erwin Professor of the Year, and and hammer home the same points you made in Chemerinsky of UC Irvine the Rutter Group Award for your briefs. If the judge is leaning the other way, School of Law, Laurie Excellence in Teaching. the best you can do is plant a big seed of doubt Levenson of Loyola Law “The most fun I ever have and get the judge to take it under advisement. School, and Suzanna Sherry as a law professor is with a Hopefully, opposing counsel will say something of Vanderbilt University Law single student in my office, inadvisable, and then you go on the offensive. School. “These are some of talking about everything: Most important, when the judge finally rules in your the most impressive legal law, courts, society, politics, favor, throw your papers into your briefcase and run scholars in the nation. And I philosophy. There’s nothing out of the courtroom. thoroughly enjoy all the peo- I do that’s more gratifying ple who work at the Federal than that,” he says. Judicial Center. Really, every- Lee also is passionate one looks forward to it.” about helping his students

UC HASTINGS 35 of judicial restraint rulings. rulings. of restraint judicial shape evolving the discusses Courts Was Invented ofFederal Wisdom Ageless the How Restraint: Judicial 2011 tohis led book, phy untouchable. This philoso- and preordained something dynamic, rather than in particular—as courts federal law—and the see of responsibility.” because that absolves us here, tied are hands our say to not out, cop not and that It’s to remember important time. given any at society a through run that rents political, and cur- cultural human beings, of economic, of aproduct is law that “Now, students Itell says. he taught,” Iwas way the that’s 36 from the mountain because because mountain the from down handed were rules the if as tostudents law tutional FALL 2012 FALL “I used to present consti- topresent “I used , which , which Evan Lee mentoring student Janee Loftin for Evan Lee. Lee. Evan for tailor-made role another it’s say might relationships—you developing lawwhile discuss to opportunities Offering Lawyer California lectures series created with Hastings aUC Speaking, Legally by co-directing world” the in lawyers ing with “the most interest- continuing dialogue to foster to forward looks Breyer. Lee Stephen and Ginsburg, Bader Ruth Scalia, Antonin U.S. Justices Supreme Court guest speakers, including he brought in heavy-hitting research, for dean associate as served he When campus. life on intellectual enhancing long been committed to Programs—has of Scholarly J. Director Traynor Roger named the Honorable teaching, Lee—recently In addition to his own own tohis addition In magazine. magazine.

Spotlight on Clerkships MANY UC HASTINGS PROFESSORS GOT THEIR START CLERKING FOR TOP JUDGES. THIS LIST HIGHLIGHTS THE BREADTH OF THE FACULTY’S CLERKSHIP EXPERIENCES. 1991–92. of Appeals, Ninth Circuit, Court U.S. the of Norris A. William for clerked Professor Clark Freshman 1990–91. Circuit, Ninth Appeals, of Court U.S. the of Sneed Joseph for clerked Professor Robin Feldman 1986–87. of Appeals, Circuit, Fifth Court U.S. the of Reavley clerked for Thomas M. Professor David Faigman York, 2000–01. New of District Eastern Court, District U.S. the of Garauﬁs G. Nicholas for clerked Professor Dodson Scott Supreme 1992–93. Court, U.S. the of Blackmun A. Harry and 1991–92, Circuit, Ninth Appeals, of Court U.S. the of Norris A. William for clerked Professor Dodge William –77. 1976 York, New of District Southern Court, District U.S. the of clerked for Thomas P. Griesa Professor John Diamond Circuit, 2007–08. Ninth Appeals, of Court U.S. Jr. the T. of Noonan Crawford ProfessorAssociate John 1971–72. Court, Supreme California the of Sullivan L. Raymond for clerked Professor Cohen Marsha Columbia Circuit, 1986–87. of District of Appeals, Court U.S. the for clerked Professor Kate Bloch clerked for John John for clerked

{ JUDICIAL PERSPECTIVE: FACULTY }

Professor Brian Gray Professor Rory Little Professor Aaron Rappaport clerked for Arlin M. clerked for Louis F. clerked for Stephen Adams of the U.S. Court Oberdorfer of the U.S. Breyer of the U.S. Court of of Appeals, Third Circuit, District Court, District of Appeals, First Circuit (now 1979–80. Columbia, 1982–83, and of the U.S. Supreme Court), Potter Stewart (ret.), William 1991–92. Professor Elizabeth Hillman J. Brennan Jr., John Paul clerked for Andrew S. Effron Stevens, Lewis F. Powell Professor Naomi Roht- of the U.S. Court of Appeals, Jr., and Warren Burger of Arriaza clerked for James R. Armed Forces, 1997. the U.S. Supreme Court, Browning of the U.S. Court 1984–85. of Appeals, Ninth Circuit, Clinical Professor Carol 1990–91. Izumi clerked for Harriett Lecturer Christian E. R. Taylor of the District of Mammen clerked for Robert Professor Dorit Rubinstein Columbia Superior Court, R. Beezer of the U.S. Court Reiss clerked for Malkiel 1981–83. of Appeals, Ninth Circuit, Blass of the Israeli Ministry 1995–96. of Justice, 1998–99. Professor Chimène Keitner clerked for Beverley Professor Richard Marcus Professor Reuel Schiller McLachlan of the Supreme clerked for Raymond Peters clerked for J. Frederick Court of Canada, 2002–03. of the California Supreme Motz of the U.S. District Court, 1972, and Alfonso J. Court, District of Maryland, Professor Frederick Zirpoli of the U.S. District 1993–94. Lambert clerked for Stanley Court, Northern District of N. Barnes of the U.S. Court California, 1974–75. Lecturer Lois W. Schwartz of Appeals, Ninth Circuit, clerked for D. Lowell 1969–70, and William H. Associate Professor Susan Jensen of the U.S. District Rehnquist of the U.S. Morse clerked for Michael Court, Northern District of Supreme Court, 1971–72. Boudin of the U.S. Court California, 2001–02. of Appeals, First Circuit, Clinical Professor Eumi 1996–97. Associate Professor Darien K. Lee clerked for Jerome Shanske clerked for Pierre Turner of the U.S. District Professor Roger C. Park N. Leval of the U.S. Court Court, Western District of clerked for Bailey Aldrich of of Appeals, Second Circuit, Tennessee, 1999–2000, and the U.S. Court of Appeals, 2007–08. Warren J. Ferguson of the First Circuit, 1969–70. U.S. Court of Appeals, Ninth Professor Kevin Tierney Circuit, 2001–02. Professor Harry G. Prince clerked for Sir Fenton clerked for Lee R. West Atkinson of the South- Professor Evan Lee clerked of the U.S. District Court, Eastern Circuit (England), for William H. Orrick Jr. Western District of 1966. of the U.S. District Court, Oklahoma, 1980–81. Northern District of Chancellor & Dean Frank California, 1985–86. Professor Radhika Rao H. Wu clerked for Frank J. clerked for Richard Cudahy Battisti of the U.S. District Professor Jeffrey Lefstin of the U.S. Court of Court, Northern District of clerked for Raymond C. Appeals, Seventh Circuit, Ohio, 1991–92. Clevenger III of the U.S. 1990–91, and Harry Court of Appeals, Federal Blackmun and Thurgood Circuit, 2001–03. Marshall of the U.S. Supreme Court, 1992–93. Professor David Levine clerked for Alvin B. Rubin of the U.S. Court of Appeals, Fifth Circuit, 1978–79. Sajid A. Khan07 is a deputy alternate defender with the class notes Santa Clara County Office of the Alternate Defender in San Jose. He serves NEWS ABOUT YOUR CLASSMATES AND COLLEAGUES as a felony trial lawyer, representing criminally accused indigent clients in all phases of the criminal justice process. To date, Sajid has tried 36 jury Casey Verst Yuwynn Ho graduated specializes in civil litigation, is11 now an 09 trials to verdict involving a from Naval Justice School specifically in the areas of associate at Fox, Shjeflo, variety of crimes including in Newport, R.I., and personal injury, bad faith Hartley & Babu in San residential burglaries, returned to the Marine insurance, and contractual Mateo, practicing estate and sexual assault, domestic Corps Air Ground Combat disputes. Ilya also serves trust administration, estate violence, and carjacking. Center at Twentynine as a JAG officer in the planning, and civil litigation. ~ Kelly O’Donnell and ~ Jeremy Hessler Palms in October 2011. California State Military is his wife, Lisa, welcomed Yuwynn deployed to Reserve, providing legal currently finishing his first their first child, Sydney Afghanistan in support counsel to National Guard year of a two-year clerkship Elizabeth O’Donnell, of Operation Enduring soldiers regarding domestic for two administrative law on May 31. ~ Jordan Freedom in April. ~ legal matters prior to and judges at the Federal Energy Koplowicz has switched Michael D. Stanley is an following their deployment, Regulatory Commission careers; he is still a licensed assistant district attorney and other matters related to in Washington, D.C. attorney but is no longer in Montgomery County, military law. “Although energy law has a practicing law. Instead, he Texas. On May 17, Michael steep learning curve, happily is a web designer for Primer was sworn in as a JAG the clerkship has provided Labs, helping to make officer in the Texas Army me with an excellent educational video games. learning environment and National Guard. He placed me on the cutting expects to be assigned to edge of federal energy law the 36th Infantry Division. litigation,” he says. Most Simona Agnolucci06 has important, Jeremy and joined Keker & Van Nest, his wife, Yael, are looking where she works as a Ilya Frangos is an associate forward to the arrival of their 08 litigation associate. She with the Law Offices of first child in October 2012. and her husband, Elias Galine, Frye & Fitting and Ilya Frangos ‘08 Batchelder, welcomed

38 FALL 2012 { CLASS NOTES }

continues to serve clients Their daughter, Grace, is in family law matters in all almost 2. ~ Albert Wu nine Bay Area counties. and Caroline Lee wed in ~ Mukund H. Sharma Honolulu. In attendance has worked at Sheppard were classmates Christine Mullin’s Palo Alto oﬃce Gonong ’02, Stephen in the intellectual property Chang ’03, Ella Serrano group since 2010. That ’03, Cindy Chiang ’02, same year, Mukund and his Minh Nguyen ’02, and wife also welcomed their John Auyong ’02. Simona Agnolucci ‘06 Kate Konschnik ‘02 daughter into the world.

the 15-month Miami their first child, Luca Fellows program, the Kate Konschnik, chief Francesco Agnolucci class will gain a deeper Amy Deng Granzow 02 environmental counsel to Batchelder, last April. Elias 05 understanding of greater recently started a new Sen. Sheldon Whitehouse, is a death penalty appellate Miami and its critical position as senior (D-R.I.), recently joined lawyer at the Office of the community issues. They counsel of operations Harvard Law School as State Public Defender. ~ will learn from established at Northrop Grumman policy director for the Yelda Mesbah Bartlett leaders, develop their Corp., Aerospace Sector, school’s Environmental celebrated the fifth year of own abilities, and engage in El Segundo. Law and Policy Program. her Oakland-based practice in efforts to increase Kate will launch a new by hiring an associate and their community impact environmental policy opening a second office individually and as a class. initiative to boost Harvard in Beverly Hills. Yelda Minal D. Tapadia 03 Law School’s contributions graduated from the to ongoing debates around University of Toledo environmental, climate, Aaron Cronan writes that College of Medicine in and energy issues. ~ The 00 he loves running his own Ohio in May 2011 and is Miami Foundation named business and entertainment now doing her residency Marissa Leichter one law practice in Portland, in orthopedic surgery at of 18 leaders selected for Ore. He and his wife are UC Irvine. “I am having Class VI of the Miami expecting their first child a great time being back in Fellows, a leadership in November. And yes, he California,” says Minal. ~ development program says, “the robot comic book Abraham Mertens and designed to engage a new is still gaining steam.” his wife are expecting their generation in building a Mukund H. Sharma ‘06 with his second child in October. 2-year-old daughter greater Miami. Through

UC HASTINGS 39 { CLASS NOTES }

David Balfour is a partner in Palo Alto. ~ Karyne unemployment, disability, across the United States. 99 Ghantous established and tax cases,” Irina says. ~ Patricia (Trish) O’Prey in the San Diego firm of DiCaro, Coppo & Popcke. the Ghantous Law “I love the work and recently moved from private He represents health Corp. in 2009. The firm have great and dedicated practice in New York care providers in medical represents businesses, co-workers. After more to work in-house at GE malpractice lawsuits as contractors, premises than 13 years of practicing Capital Americas, running well as in administrative owners, and property law, I found work that is their Investigations COE. cases before the licensure managers involved in civil, intellectually and morally boards. He writes that commercial, insurance, fulfilling.” ~ In May, the he “is working on the contract, construction, California Public Utilities Todd A. Boock joins balancing act of having housing, and employment Commission (CPUC) 94 Blank Rome as of counsel a busy practice; a wife litigation matters. Karyne unanimously approved in the consumer finance who is also a practicing is a member of the the appointment of Jason litigation group and as a attorney; and two small Contra Costa County A. Hobson as a public member of the Consumer children, Sarah (2) and Bar Association Women’s representative on the Financial Services Mark (4 months).” ~ Section, California Low Income Oversight industry team. Todd was Julia Mezhinsky Jayne Women Lawyers, and Board (LIOB). The state previously a member of the maintains her own firm, San Ramon Chamber Legislature established the national consumer finance Campbell & Jayne, and of Commerce. She lives LIOB to advise the CPUC litigation and compliance will be of counsel to the in San Ramon with on low-income electric, practice group at Akerman law firm of Lvovich, her husband and two water, and gas customer Senterfitt in Los Angeles. Volchegursky & Szucsko. daughters. ~ Veronica issues and to serve as a Prior to that, he served as Rossman (Parkansky) liaison for the CPUC to assistant general counsel is an assistant federal low-income ratepayers at Bank of America in Los public defender in Denver and representatives. Jason Yuri Vanetik recently Angeles. Todd concentrates working in the appellate is also a founding partner 98 his practice on consumer published a commentary division. of Hobson Bernardino on www.forbes.com titled financial services and + Davis, an “AV-Rated “Immigrants Are the commercial litigation, Preeminent” law firm Lifeblood of U.S. Startups.” representing mortgage based in Los Angeles, with Irina Foster Tentser loan originators, servicers, 96 offices in San Francisco became an administrative investors, and other clients and Washington, D.C. law judge for the California through all aspects of Mary Ferrer Hansbury Prior to forming the firm, Unemployment Insurance litigation in state and 97 Jason was the in-house is senior corporate Appeals Board, Los federal courts. He regularly lawyer for a national equity counsel, employment and Angeles Office, in 2009. “I represents lenders and syndication firm engaged litigation, at VMware hear and issue decisions in in real estate investments

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financial institutions in a IN PRINT variety of consumer finance litigation matters. Recently published books by {UC Hastings faculty and alumni FACULTY Regina Brown has been an 93 Robin Feldman, Rethinking Patent Law (Harvard administrative law judge University Press, 2012) Professor Robin Feldman’s look with the California State at the inadequacies of the patent system has been called “a Personnel Board since beautifully written, engaging account of the bargain aspect 2008. ~ Joshua Evett is of patent entitlements.” In the work, Professor Feldman describes “the bargain aspect of patents,” explaining why the managing director of the patent system is in such disarray. She urges lawmakers Elam & Burke, a Boise, to focus on crafting rules that anticipate future bargaining, Idaho, litigation firm. not on the impossible task of assigning precise boundaries to rights when an invention is new.

Calvin Massey, Massey’s Property Law: Principles, David Z. Ribakoff, a Problems, and Cases (West Law School, 2012) 92 Emeritus Professor Calvin Massey’s latest textbook focuses partner at Enenstein & on property law. The narrative thread, in introduction and Ribakoff, was lead trial note commentary, reveals the doctrine while promoting counsel for the plaintiffs inquiry and debate about the policy rationales. Provocative in a legal malpractice and case studies introduce the societal contingency of the fraud action that resulted concept of property, while underscoring the importance of in a $34.5 million jury efficient, stable, and fair rules. verdict, one of the largest ALUMNI such verdicts in California Nathan Fox ’11, Breaking the LSAT (Avocado history. Books, 2012) Nathan is the founder of Fox Test Prep, an LSAT educational company. Fox Test Prep publishes irrev- erent instructional books and DVDs, and offers classes and private tutoring. Breaking the LSAT shows students a new James Coy Driscoll91, who way to approach the test, with methods that teach them practices at his own firm how to be better students of law, not just better test takers. in San Francisco, writes that he continues “to fight Katy Chase ’08, Celebrate America! Northern California Fifth-Graders on Why They Are Glad for tenants against greedy America Is a Nation of Immigrants (AILA NorCal, landlords! I defend tenants 2012) An attorney at Weaver Schlenger Mazel, Katy was an who are being wrongfully editor of this anthology, which features poems, stories, and evicted and sue landlords (continued on page 42)

UC HASTINGS 41 { CLASS NOTES }

IN PRINT (continued) who fail to maintain their properties. I am a essays from the past 10 years of the Celebrate America frequent guest on the radio Creative Writing Contest. She edited the book as part of show Your Legal Rights, her volunteer work with the Northern California Chapter } which airs Wednesdays of the American Immigration Lawyers Association and at 7 p.m. on KALW in the American Immigration Council. San Francisco.” ~ Rob

Matt White ’79, Mastering Mediation: 50 Epstein opened Epstein Essential Tools for the Advanced Practitioner Law Firm in San Rafael (Thomson Reuters Westlaw, 2012) Matt co-wrote in January. Rob continues this book on advanced mediation skills with Marin to serve as the elected County Superior Court Judge Lynn Duryee. Matt is a San Rafael city attorney partner with Monty White, a civil litigation ﬁrm in and also represents other San Rafael, and a mediator with Resolution Remedies. Marin County cities. In John McKenzie ’75, Black Out in America: addition, the ﬁrm handles Teaching Black People to Stay Out of Jail (Black civil litigation and trials, Out in America, 2011) The author, who says he has focusing on real estate and seen many people go to jail for nonviolent crimes, has trust and estates disputes. been practicing criminal law in Texas ever since he ~ Matthew Thompson, graduated from UC Hastings. a partner at Stroock &

Thomas E. Miller ’73 and Matthew T. Miller ’00, Stroock & Lavan, was Home and Condo Defects: A Consumer Guide to named by Variety as one of Faulty Construction (Seven Locks Press, 2012) its “50 Game-Changing Along with Rachel Miller, Thomas E. Miller and Matthew Attorneys” for his work on T. Miller recently published the second edition of this a deal for Relativity Media. resource for homeowners and buyers. Their fourth edition Matthew says he’s never of Handling Construction Defect Claims: Western States (Aspen Law Publishers) will come out next year. Their firm, done a tougher deal in less the Miller Law Firm, represents homeowners associations time. Working with a core with construction defect claims and has offices in San team of seven lawyers at Francisco, Santa Clara, Newport Beach, and Los Angeles. Stroock, pulling multiple consecutive all-nighters Jay E. Grenig ’71, International Commercial leading up to the May 31 Arbitration (Thomson Reuters Westlaw, 2011) Jay is the co-author of How to Cost Your Labor close, he helped engineer Contract (2nd ed.), published by Reuters BNA Books, Relativity Media’s infusion and Fundamentals of Labor Arbitration, published by of $350 million in debt American Arbitration Association and Cornell University, financing from supermarket ILR School, Scheinman Institute on Conflict Resolution. mogul Ron Burkle. He teaches at Marquette University Law School.

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Collins Muir + Stewart, is the director of Customer sector participant in three with offices in Los Angeles Energy Efficiency and Solar international Clean Energy and Orange counties. for Southern California Ministerials, in which Robert’s practice is focused Edison Company. In energy ministers from the on defending lawyers and addition to his duties at world’s leading energy real estate, construction, SCE, Gene serves on the economies collaborate on and design professionals. boards of directors of the the advancement of global Consortium for Energy clean energy initiatives. Efficiency, the American Council for an Energy- Robert Stellwagen ‘90 Todd Calvin has joined Efficient Economy, the 89 Stella A. Havkin Nickelodeon as vice of China-U.S. Energy Matthew also helped 87 president of business and Litwak & Havkin, based Efficiency Alliance, and engineer Toho-Towa, legal affairs, based in Santa in Woodland Hills, has California’s Low Income Kadokawa, and Lotte’s Monica. ~ Rachel Van passed the California Oversight Board. He also investment in Hemisphere’s Cleave is the interim dean State Bar Bankruptcy serves on the advisory slate financing for several at Golden Gate University Specialization and board of the University big-budget studio films, School of Law, where for American Bankruptcy of Southern California’s including Tintin, Men in the past four years she was Specialization exams. Center for Sustainable Black 3, and The Smurfs. associate dean for academic ~ Randy Krause and Cities, the strategy affairs. Her husband, Elise Shebelut, married committee for the Edison Joseph Schottland ’88, since 1985, run a risk Foundation’s Institute for teaches advanced placement management company Pam Roberts has been Energy Efficiency, and the 90 comparative government together. They write that working as a prosecutor steering committee for the and other history courses at they “hope to set the for the City of Reno for Alliance to Save Energy’s Acalanes High School in industry standard for the past 10 years. She Global Action Network Lafayette. EPL and cyber liability started coaching high for Energy Efficiency insurance risk management school mock trial this Education. Gene is a services. Sailing in year, and her Galena High member of the executive tropical locations is a School mock trial team In February, the U.S. leadership groups for the serious pastime when not won the Nevada State 88 U.S. Department of Energy Environmental Protection working.” ~ Margaret High School Mock Trial Agency presented Gene and U.S. EPT-sponsored E. Murray is pleased Championship for the first Rodrigues with its 2012 National Action Plan for to announce the fifth time. Her older son, Riley, Climate Leadership Award Energy Efficiency and the anniversary of her firm, is a junior on the team. ~ for Individual Leadership. State Energy Efficiency the Law Offices of Robert Stellwagen is Gene is the first individual Action Network, and has Margaret E. Murray, a partner with Collins to receive this award. Gene been an invited private

UC HASTINGS 43 { CLASS NOTES }

which focuses on labor to spend more time with Legal Services Program in With one kid in college and employment law. my family. Thanks to all of San Francisco, and the last and the other entering her She has also enjoyed my classmates who argued five years as the executive teens, things are great.” five years of teaching in this point with me for long director, Tiela Chalmers the Legal Writing and hours late at night. You all has opened a consulting Research department at win. I am on the right side business, working with John Buchanan is now UC Hastings. now. It only took a quarter law firms, legal services 85 the director and managing of a century. I recommend providers, and other attorney for labor and that every Hastings grad national and local programs employment law at Southern consider using their great on issues involving legal Stuart N. Fujioka has California Edison. 86 education to help represent services for low-income been a solo practitioner in the underrepresented. You communities. She writes: Honolulu for several years. can feel good, have fun, “At the moment, I am He recently graduated Julie and still make money. working on a very exciting After serving the citizens from Marston Polygraph Pearl ’87, you are still the Sargent Shriver ‘Civil 84 of Madera County as their Academy in San ~ David Cooper coolest.” Gideon’ Project in Los district attorney for 17 Bernardino. ~ Jim Jr. joined The Woda Group Angeles, focusing on years, Ernest J. LiCalsi Gustafson writes: “I am as one of its two principals providing representation to was elected to the Madera so excited to announce in 2003. Affordable Housing low-income landlords and County Superior Court that after more than 25 Finance magazine, the tenants in eviction cases. bench in 2008. He spent years, I am finally getting leading national publication I’m also working with the two years in the court’s to do what I love. You for the affordable housing ABA on revising its pro civil division and was then will all be amazed to hear industry, ranked the Woda bono standards. I am very transferred to the criminal that I have dumped the Group fifth among the Top much enjoying being self- division. He is currently defense work and am now 50 Affordable Housing employed and working on a assigned to a direct calendar a civil rights plaintiff’s Developers in 2011. In wide spectrum of projects. court. In addition, he is lawyer. I am helping addition, for the second the supervising judge of victims like the children year in a row, The Woda the grand jury and oversees (and families) abused in Group has been named one Drug Court. ~ Since the Miramonte child abuse of the Top 50 Multifamily 2010, Noemi C. “Nicky” scandal and working with Builders in the United Espinosa has been the groups like the Innocence States, coming in at No. 43 assistant general counsel Project to bring justice to in the rankings released for Intuitive Surgical, the those wrongfully accused by Multifamily Executive manufacturer of da Vinci and convicted. The law is ~ magazine. After 15 years Surgical Systems, based in thrilling again, and I get of working at Volunteer Sunnyvale. ~ Jeffrey S.

Ernest J. LiCalsi ‘84

44 FALL 2012 { CLASS NOTES }

Accomplished Attorney and Renaissance Man Art Macomber ’03 practices property and water law in the Paciﬁc Northwest. “If it touches dirt, we do it,” he says. After struggling with the California bar, he is now licensed in his home state of Idaho as well as neighboring Washing- ton, where he teaches law at Gonzaga University School of Law. Due to client demands, he is now studying for the Montana bar. “By this time, I should be able to take any bar in the country,” Art says. Art went to law school at age 45 after a variety of careers, including working as a stagehand. He and his wife and two small children lived in a 37-foot trailer at a KOA campground in Petaluma during law school, and Art rode to school on his Harley-Davidson. “We hauled the trailer out every six months, lived at the fairgrounds for a week, and then hauled it back to the KOA and put it in a different space.” The frugality suits his practice. “There is no one cheaper in the world than an Idaho dirt farmer,” he says. In law school, Art was a tireless reader. “I read every case all the way through my third year. Charlie Knapp tortured us. I read 27 law reviews my ﬁrst fall at Hastings, in addition to all the cases and homework. I was pretty much crazed.” His ambitious literary appetite continues. “When I went to Justice Antonin Scalia’s Separation of Powers CLE course at Lake Tahoe, I thought I better read The Federalist Papers again. And then I realized I had never read Mon- tesquieu’s The Spirit of the Laws.” These days, he is torn between reading books on Christian doctrine and studying for the Montana bar. “Eventually, I have to get back to the 18th century.” For Art’s complete reading list, contact him via www.macomberlaw.com.

Blanck writes: “I’ve been a Karl Olson recently received convention in San Jose by community elected to the lawyer since 1984, but I’ve 82 Karlene Goller, deputy bench in Brooklyn, she a Freedom of Information been rafting since 1973. Award from the California general counsel of the Los says, “it has been a thrill to Rafting is more fun.” Newspaper Publishers Angeles Times. ~ Debra preside over gay and lesbian Association, “in recognition (Edison) Silber was elected weddings since the New and appreciation of [his] to the New York City Civil York Legislature legalized dedication and outstanding Court in 1997 and now gay marriage in 2011.” Ellen Staley (Lussier) work to protect and enhance presides over civil trials is associate director83 of the First Amendment, in Brooklyn as an acting planned giving at Stanford freedom of information, and justice of the New York University. Lorraine H. Akiba a free press.” The award was State Supreme Court. The 81 was recently appointed presented at CNPA’s annual ﬁrst member of the LGBT by Hawaii Gov. Neil

UC HASTINGS 45 { CLASS NOTES }

presiding judge. Steven bank fraud, environmental currently serves as chair crimes, high-tech offenses, of the Court Interpreters money laundering, and Advisory Committee to forfeitures,” he says. the Judicial Council and “However, I handle the as one of two judicial entire spectrum of federal members and past chair criminal cases.” ~ Alan of the California Access T. Kolling, who recently to Justice Commission. retired after 27 years as His wife, Evanthia an administrator at UC Steven Austin ‘81 and his wife, Alan T. Kolling ‘80 Evanthia Spanos ’83 Spanos ’83, practices Berkeley, was appointed law at Berry & Berry a team manager for the Abercrombie for a six-year in Oakland, where she U.S. Olympic track and term as a commissioner Tad Shapiro writes, “I had serves as coordinating 80 field team at the London with the State of the honor and pleasure of defense counsel in asbestos Olympic Games. Alan has Hawaii Public Utilities walking with my son Barry litigation in Alameda and been active in USA Track Commission. She has been Shapiro ’12 at the UC San Francisco counties. & Field since 2001 and a partner at the law firm Hastings graduation on Evanthia’s dad, George previously served as a team of McCorriston Miller May 13.” ~ Jonathan R. Spanos ’49, is also a UC manager with the 2008 Mukai MacKinnon, Howden left Winston & Hastings graduate. George Beijing Olympic track team where she heads the firm’s Strawn in 2011 to open his worked in private practice as well as the 2011 Daegu environmental practice own San Francisco-based in Stockton for many World Championship group. ~ Steven Austin practice. He specializes years, and in the 1970s he squad. ~ Steve Katleman, is a Superior Court in white-collar criminal began working as in-house a shareholder in the media judge in Contra Costa defense work, primarily in counsel for A.G. Spanos and entertainment practice County; starting in 2013 federal court. “My focus is Construction. of Greenberg Traurig, was he will be the assistant on antitrust, securities fraud,

Sister Act Uduak Oduok ’01 has merged law ﬁrms with her sister, Unwam Oduok. Ebitu Law Group has ofﬁces in the Bay Area and Sacramento. The Oduoks’ practice areas include business law, fashion law, and a specialty in providing legal services to U.S. companies doing business in Africa’s fashion and entertainment industries. Uduak, who is also a journalist, publisher, and blogger, was nominated Media Per- sonality of the Year by the Nigeria Entertainment Awards. The seventh annual awards ceremony was held August 31 through September 2 in New York.

46 FALL 2012 { CLASS NOTES } named by Variety as one Bruce writes: “It was an Marcy Railsback78 recently has also been volunteering of its “Game-Changing enlightening process, represented the plaintiff in in the KAIROS Prison Attorneys” in 2012. Steve especially trying to find Robyn Frankel v. Palo Alto Ministry in San Quentin has brokered deals on solutions for which there is Foundation Medical Group, since 1989. “KAIROS behalf of A. Smith & Co. no funding. Deborah and I Inc., a medical malpractice provides an ecumenical, Productions for more than will become grandparents action. In March, the jury three-day spiritual retreat 1,500 hours of hit shows. He this year and are very much found for the plaintiff, who for inmates, which gives negotiated the acquisition of looking forward to that joy.” was awarded $22 million— them hope and, if they are the company by the U.K.’s ~ Marcia Green retired the largest such award in released, drastically reduces Tinopolis Group, resulting from the Pueblo of Laguna the history of Santa Clara the rate of recidivism,” in CEO Arthur Smith Tribal Court as presiding County. Patrick says. assuming a board seat at the judge in 2004 after five parent company. Steve also years on the bench. “It was assists Lionsgate Television a wonderful experience,” Peter Chalfant writes Stephen Acker has in building its unscripted she writes. “Having served 76 75 that he is “still working practiced insurance division and provides Laguna as general counsel as a road warrior for defense law, with a focus strategic and legal advice to for many years, I was Anritsu Corp. (billion- on products liability, at Twitter in groundbreaking familiar with the culture dollar Japanese company Acker & Whipple in new deals for entertainment as well as having drafted in the telecommunications Los Angeles since 1988. content creation. many of its laws and industry) as VP, He writes, “My wife, appellate opinions. I left International Ops. Most Debbie, and I have four only because I was recruited of my time is spent doing adult children and an for a very challenging Bruce R. Pfaff’s firm, business in the major cities 11-year-old still at home position as adviser to the 79 ~ Chicago-based Pfaff & of Europe and Asia.” Still whose Little League chair of the Seminole Gill, continues to represent in solo practice, Patrick Hall games we enjoy.” ~ Joel Tribe of Florida, which I those injured or killed R. (Jake) Rubin practices completed a year ago. After by wrongful conduct family law in Sonoma 30 years, I have returned throughout Illinois. In County. He is involved to California to be closer 2011, Bruce chaired a with the Collaborative to family and am now committee appointed Council of the Redwood working with the Soboba by the Illinois Supreme Empire and teaches Band of Luiseño Indians in Court on e-business to both the community Southern California on a develop policies and rules property course and the court development project.” for statewide e-filing, contemplative practices e-service, and e-document and legal practice course management in the courts. at Empire College School Joel R. (Jake) Rubin ‘75 of Law.

UC HASTINGS 47 { CLASS NOTES }

New Administrative Director of the Courts Judge Steven Jahr ’74 has been appointed administrative director of the courts. The Judicial Council voted unanimously for Steven, who becomes the first AOC director with judicial experience. Steven served as a Superior Court judge in Shasta County for 22 years before his retirement in 2009. He is the state’s fifth administrative director since the office was created in 1960. Chief Justice Tani G. Cantil- Sakauye praised Steven. “The depth of his experience in the judicial branch—as a trial court judge, as a presiding judge, and as a participant in statewide judicial branch initiatives—makes him an ideal choice,” she said.

Thomas D. Glasser74 will be published by ~ Richard Scheuler My wife and I enjoy the was appointed to the Random House next year. writes: “After graduation serenity of small-time San Bernardino County He practices plaintiff’s I began a practice in Red life with dogs: Sammy bench in 1985 by Gov. personal injury litigation in Bluff. I did a short stint the watchdog and Billy George Deukmejian; he San Francisco at Walker, in public defense and the Black Lab (full name: retired from the position Hamilton & Koenig, where then built a general civil William Tecumseh in 2007. Thomas now he is the senior partner. practice, emphasizing Sherman Scheuler).” sits throughout Southern business and business California in the Assigned litigation. Eleven years Judges Program. He lives ago I was elected to the William B. Smith is Both Alan M. Phillips with his wife, Sue, in bench, and I am presently 73 72Amanda entering his 40th year and his daughter, Oceanside. ~ Walter H. serving as presiding judge with Abramson Smith M. Phillips ’07, celebrate “Skip” Walker III has of the Tehama County Waldsmith in San reunions this year. Though been inducted into the Superior Court and sitting Francisco. He writes: their degrees are separated International Academy in Department 1. I have “I am honored to be by 35 years, Alan and of Trial Lawyers, which a wife and two grown the ABOTA president Amanda acknowledge is limited to 500 fellows children. My wife was for the San Francisco and appreciate the stellar throughout the United a probation officer and chapter this year. We are legal education that UC States. He is also a fellow is now a retired person the second-oldest and Hastings provided. Alan, a in the American College who urges me to become third-largest chapter in veteran of the Air Force, is of Trial Lawyers and a the same. We have four the country. ABOTA has a sole practitioner in Half member of the American grandchildren, none been preaching civility, Moon Bay, and Amanda Board of Trial Advocates of whom have yet been and I am pleased to be is a sole practitioner in (ABOTA). His sixth incarcerated, and things involved in that necessary San Francisco. ~ Jeff novel, Crime of Privilege, seem to be going well. effort. Civility matters!” Amestoy is a fellow at

48 FALL 2012 { CLASS NOTES }

the Center for Public IN MEMORIAM Leadership, John F. Kennedy School of C. Randall “Randy” Bupp ’75 passed away on June 7, 2012. A Government at Harvard {prominent member of the bankruptcy bar, Randy joined Bardellini, University. He was chief Straw, Cavin & Bupp in 2002, after having been a partner of a justice of the Vermont leading bankruptcy ﬁrm in Oakland for 25 years. Randy was also a Supreme Court from longtime volunteer with the Taylor Family Foundation, an adjunct 1997 to 2004. ~ Jerome professor at JFK University School of Law, and a devoted husband L. Lemberger and his and father. wife, Sheila, of Colorado

Springs are proud parents William D. Hunter ’73 passed away on May 27, 2012, after of three new dachshund battling cancer for several years. William resided in Ashland, pups named Writ, Ore., and was a wonderful lawyer, husband, father, grandfather, Hastings, and Court. and friend. He will be deeply missed by all who knew him.

William Horton ’66 died on April 6, 2012, at the age of 74. A resident of San Francisco, Bill served as a junior officer in the Steve Tapson writes: 71 U.S. Navy before attending UC Hastings. After graduating, Bill “Finally over the two-year circus representing Nancy joined the law firm of Henry, Oliver, and McCreavy and special- Garrido. Still defending the ized in business law. Bill went on to manage his own practice poor and downtrodden in until his retirement in 1997. He remained in the Navy Reserves Hangtown. Need more rich for 27 years, eventually reaching the rank of captain. and downtrodden here.” Judge Robert Coyle ’56 passed away at the age of 82 on May 7, 2012. President Ronald Reagan nominated him to the federal bench in 1982. He served as chief judge for California’s eastern Harold Small70 was elected federal judicial district for six years. During his career, Robert chancelier (executive presided over hundreds of cases, including Gallo wine empire vice president) of the battles. In more recent years, Robert played a vital, hands-on Confrérie de la Chaîne des role in Fresno’s new $140 million downtown federal courthouse. Rôtisseurs. In addition to holding the No. 2 position Wilbur F. Littlefield ’49 died at the age of 90 on June 9, in the United States, Hal 2012. He spent four decades with the Los Angeles County also serves on the Conseil Public Defender’s Office, joining in 1957 and becoming a public Magistral, the international defender in 1976. His granddaughter Christina Behle is a deputy governing council for this public defender. organization, which has

UC HASTINGS 49 { CLASS NOTES } about 22,000 members. Guy O. Kornblum, Hastings Center for Trial Jim Hagedorn63 writes: “The 66 State Bar now says inactive It is the oldest and largest principal in Guy and Appellate Advocacy food and wine society in Kornblum & Associates, and the College of but I have not found it the world. Hal continues to a San Francisco-based Advocacy. He was also so. In addition to chasing practice law and also gets to civil litigation firm, has instrumental in starting grandchildren around, I spend time with his eight received a certification the clinical programs at also chase a soccer ball four grandchildren, including in pretrial practice UC Hastings at that time. or five times per week. I will the three children of his civil advocacy from be playing in an old-guys daughter, UC Hastings the National Board of tournament in San Diego alum Hillary Weiner ’99. Trial Advocacy. He is in June. I also avail myself “We continue enjoying already certified in civil 65 of the regular opportunity the Sierra Foothills,” says trial advocacy. Guy is a to sit as a volunteer pro Richard Turrone. “I no founding member of the tem judge in small claims Chris Emley practices with longer sit on assignment. ADR Institute of the and as an arbitrator.” ~ Don Emley67 ’11 his son, . I am living my dream, Litigation Counsel of Bill Gibbs notes that he is Chris has been listed in Best growing grapes, making America Trial Lawyer keeping active as treasurer Lawyers for more than 20 wine, and enjoying family. Honorary. He served of two local charities, years. They practice family It doesn’t get any better as assistant dean and Alameda Meals on law in San Francisco, than that.” professor at UC Hastings Wheels and Friends of the Marin, San Mateo, and in the early 1970s and Alameda Free Library. He Alameda counties. co-founded the UC writes: “Still enjoying my involvement in Alameda’s home-grown winery, Rock Wall Wine Company, using Newly Minted Judges my secretarial skills as well In June, Judge Richard W. Pollack ’76 was nominated to the Supreme Court of as my legal ones. My goal Hawaii by Gov. Neil Abercrombie. The position requires confirmation by the state is to stay healthy, travel senate. Richard, 61, is an adjunct professor at the University of Hawaii at Manoa’s more, play more golf, and William S. Richardson School of Law, where he teaches evidence and criminal enjoy my golden years with procedure. my bride and traveling In June, Sacramento County Superior Court Judge Troy Nunley ’90 was nomi- companion of some 50 nated by President Barack Obama to the U.S. District Court, Eastern District of years, Donna J.” California. Troy, 48, awaits a confirmation hearing in the U.S. Senate. He previously served as a prosecutor in Alameda and Sacramento counties. In May, Mary J. Greenwood ’81 was appointed to the Superior Court of Santa Clara County by Gov. Jerry Brown. Mary previously served as the county’s first woman Terry Dempsey and chief public defender. 62 his wife, Jane, live in New Ulm, Minn., and

50 FALL 2012 { CLASS NOTES }

David Lyman ’65 Runs Thailand’s Largest Law Firm After graduating from UC Hastings, David Lyman ’65 moved to Bang- kok in 1967 to join his parents’ law firm, Tilleke & Gibbins, Thailand’s oldest and largest independent law firm. David now leads Tilleke & Gibbins as chairman and chief values officer. He is also the author of Lyman’s Laws for Lawyers (and Everybody Else, Too). A former subma- rine officer in the U.S. Navy, David is active in the American Chamber of Commerce in Thailand. In 2007 he married Thassaneeya Pimpila. David was recently elected to the UC Hastings Board of Governors.

will celebrate their 50th is currently serving as workers’ compensation. Bob Zeller is practicing chairman of the board of 51 wedding anniversary in He is a sole practitioner full time in Napa with 2013. He has retired as the State Compensation and has been for most of Zeller Hoff & Zeller. His a full-time district court Insurance Fund (SCIF). his career. Robert lives in daughter, Cathy, is also judge but continues to He was appointed to this Clearlake and has an office a member of the firm. ~ work on a part-time basis. position by former Gov. in San Francisco, where After practicing law in He writes: “We enjoy two Arnold Schwarzenegger. he sees clients and takes San Francisco for 56 years, grandchildren and seeing Previously, he was president depositions. He has been Joe Jedeikin retired in our son and daughter-in- of SCIF and executive married to his wife, Inez, December 2011. Joe still law. Having had 15 foster director of the California for 50 years. Together they serves as judge pro tem with children as part of our Insurance Guarantee have two sons, Daniel and the San Francisco Superior family and having hosted Association. Larry and his Paul. Dan lives in Brazil, Court. ~ Max Hoseit six foreign exchange wife of 52 years, Betty, have and Paul is a correctional is still practicing law in students, we spend a lot two grown children and officer at San Quentin. Sacramento. He owns and of time keeping in touch five granddaughters. Robert was of counsel to manages several motels, with them and visiting Willie Brown ’58 when he including two in Carmel, them as often as we can. I was speaker of the State the Normandy Inn and Bay am keeping busy, having Assembly and law partner View. Max flies his own Robert H. Blumenthal is been appointed last year 60 to John Burton when he plane biweekly to Monterey. in his 51st year of private by our governor to the was in the State Assembly practice. Robert handles Minnesota Combative and Congress. personal injury cases Sports Commission, and and employment cases, am active in the American including civil employment Legion.” ~ Larry Mulryan discrimination and

UC HASTINGS 51 { THEN AND NOW }

Roger J. Traynor A Lifetime of Accomplishment

The 23rd chief justice of the California Supreme Court is widely considered one of the greatest legal minds this country has ever known. UC Hastings is privileged to house many of the great jurist’s papers and personal effects, and is grateful to his family members for their ongoing generosity.

uring Roger J. Traynor’s extraordinary tenure on the D California Supreme Court, which lasted from 1940 through 1970, the renowned jurist would return to his Berkeley home after a long day at court, have dinner with his family, often read briefs, and then relax in his favorite rocking chair with a crime novel or crossword puzzle. Today, visitors to the UC Hastings law library, on the sixth ﬂoor of Mary Kay Kane Hall, will ﬁnd that very chair nestled in a corner of what is now known as the Roger J. Traynor Memorial Room. Besides Traynor’s favorite chair, the room also houses many of his books, papers, and framed awards, as well as his desk, easel, and a well-used black leather briefcase. Legal Legacy These items, which collectively help paint a picture of the man considered to have been one of the greatest judges this country has ever had, were part of a generous gift to UC Hastings made Above: Roger J. Traynor. Opposite page, top: The late jurist’s son, Mike by Traynor’s widow, Madeleine. Traynor, in the Roger J. Traynor In 1970, Traynor came to UC Hastings as part of the 65 Memorial Room at UC Hastings; Club, a program started by Dean David Snodgrass in which bottom: Roger J. Traynor at work. renowned law professors and jurists who had reached retirement age at their respective institutions were invited to teach at the law school. Having retired from the Supreme Court, Traynor taught at UC Hastings from 1971 until 1983, the year of his death at the age of 83.

52 FALL 2012 MyMy dad and I share a sense of service to the legal profession and to the public—my dad as a judge “and teacher, myself as a lawyer and citizen.” —MIKE TRAYNOR “My mother wanted to recognize the affection my father had for UC Hastings,” recalls Mike Traynor, the Traynors’ eldest son. “She had the idea of housing his papers and effects at the law school, and we are delighted with the way it has worked out.” In addition, between 1979 and 1990, Madeleine Traynor established ﬁve funds at UC Hastings in honor of her husband, which have recently been consolidated into one—the Honorable Roger J. Traynor Fund—with the aim of “providing the college with optimal ﬂexibility in using the funds as needed,” explains Mike Traynor. The Traynor gift has also been used to fund the UC Hastings Roger J. Traynor Summer Professorships, an inten- sive program for corporate law professors.

A TRANSFORMATIVE TENURE Roger Traynor was, in the words of his New York Times obituary, “often called one of the greatest judicial talents never to sit on the United States Supreme Court.” His service on the California bench was distinguished by groundbreaking decisions that positioned the state at the forefront of modern liberalism. The more than 900 opinions he authored had a resounding impact on other state courts throughout the country and paved the way for sweeping changes in many legal disciplines, most notably products liability, an area of law that Traynor is credited with creating. His work in family law was equally inﬂuential. In 1948, Family Album Traynor’s opinion in the landmark case Perez v. Sharp was the

ﬁrst time a state supreme court disallowed a statute prohibiting Top to bottom: A young Roger J. Traynor; the interracial marriage. Four years later, he presented an opinion esteemed jurist with two of his sons, Mike and that laid the groundwork for no-fault divorce. Joe; Traynor with his wife, Madeleine. “My dad was deeply committed to public service,” says Mike Traynor. “I think the qualities that made him so effective were his practical judgment, hard work, and sense of timing. He had a gift for knowing where the law was, where it was headed, and when it was timely or too early to make changes.” Today, lawyers and scholars visiting the UC Hastings library can read many of Traynor’s opinions, which were considered to be so well written and thoughtfully reasoned that they earned him membership in the American Academy of Arts and Sciences, a rare distinction for a judge. In addition to his son Mike, an attorney, Roger Traynor is survived by another son, Joe, a leading agronomist. A third son, Stephen, passed away in 1952.

54 FALL 2012 { THEN AND NOW }

hile not a judge himself, W Mike Traynor, the eldest son of Roger and Madeleine Traynor, inherited many core values from his famous father. “My dad and I share a sense of service to the legal profession and to the public—my dad as a judge and teacher, myself as a lawyer and citizen,” Mike says. Mike, senior counsel with A Second Cobalt, a Berkeley-based firm specializing in trademark and copyright law, has been widely Generation honored for his commitment to public service, particularly in the areas of education and of Service the environment. His impressive resume includes stretches as president of the American impact of globalization and lost on him. In fact, this keen Law Institute and chairman of technology on the legal pro- awareness of striking at the the Sierra Club Legal Defense fession. “There are many new right time is another thing he Fund, now Earthjustice (on ethical issues that the ABA shares with his father. whose advisory council he needs to consider, concerning “My dad would have felt now serves), and he is deeply everything from outsourcing to ready to step forward and involved with educational cloud computing,” he says. This decide a case and a new issue nonprofits. He shares with his summer, he and his colleagues if he and his colleagues had father the honor of election had their first set of recommen- prepared the groundwork, as a fellow of the American dations approved by the ABA. cut away the brush, and Academy of Arts and Sciences. The challenges of mak- determined that the ancient Currently, as co-chair of ing the right recommendations arguments for the status quo the American Bar Association’s at the right time—especially were no longer persuasive,” new Commission on Ethics when the legal landscape is Mike says. “Because timing is 20/20, he is looking at the changing so rapidly—are not everything.”

UC HASTINGS 55 { JOURNALS }

“Our goal has always been to create content that is useful and timely, and provides a greater service to the legal world.” From its inception, the Quarterly has taken a broad view of what falls under the

The Quarterly’s domain of constitutional law. As editorial team former Editor-in-Chief John A. from 2011–12, from left: John A. Newton ’12 explains, “One defi- Newton ’12, nition is what the Supreme Court Amelia Diedrich ’12, Christopher says the president and Congress Johnson ’12. can and cannot do. But it’s really a much broader idea: the theo- A WIDE-ANGLE VIEW OF ries, methods, and practices of governmental authority.” That’s CONSTITUTIONAL LAW why areas that might seem far afield—environmental law, tax For more than 30 years, the Hastings Constitutional Law Quarterly law, family law, maritime law— has been in the vanguard of legal scholarship. are all relevant topics. “They all relate to the exercise of govern- hen the Hastings UC Hastings students, David ment power,” Newton says. Constitutional Law Steiner ’74 and A. Charles Not only does the Quarterly W Quarterly debuted Dell’Ario ’74, decided it was devote space to these issues, in 1974, its roster of contribu- time to remedy that. They it welcomes submissions from tors was impressive: two retired launched the Quarterly with the abroad. “We’ve had judicial U.S. Supreme Court justices, the school’s blessing—but without review in the United States since American Bar Association presi- financial support. “It was satisfy- the 19th century,” Newton says. dent, an assistant U.S. attorney ing to do,” Steiner recalls. “And “But that’s not always the case general, and top law professors it’s even more satisfying to see in other countries.” He says that from around the country. that it’s still going.” reading about constitutional At the time, the subject of These days, the Quarterly issues abroad helps us gain constitutional law was at the has 85 to 90 members and is perspective on how government forefront of American thought, published four times a year. can be constituted. “There’s a thanks to Watergate and free “Our mission is to provide great deal of constitutional law speech issues. Yet the United up-to-date and ingenious legal development around the world,” States had no law journal analysis,” says incoming Editor- Newton says, “and we benefit devoted to the topic. Two in-Chief Jonathan August ’13. by knowing about it.”

56 FALL 2012 THE UC HASTINGS FUND REDEFINING ADVANCE THE LAW SCHOOL’S NEW AND LEGAL INNOVATIVE PLANS TO REBOOT LEGAL EDUCATION EDUCATION

I think all we can do is embrace - 20 percent reduction in JD class size - Emphasis on what matters most to Hastings and Dean Wu, and hope that graduates and employers: other conscientious law school deans ö Skills-based education start doing what they can to reform ö Global perspective and understanding ö Incorporation of insights from other legal education into something that is disciplines, including business, technology, of real economic value to the students and science - Redirect resources toward increased who go to law school.” student support –AboveTheLaw.com (May 2, 2012) - High-quality Web-based teaching and learning - Plans to double student scholarship support - Raise funds for 10 new, fully funde faculty chairs - Additional faculty support

UC HASTINGS 57 Nonproﬁt Organization U.S. Postage PAID Salt Lake City, UT Permit No. 621

Alumni Center 200 McAllister Street San Francisco, CA 94102-4707

Visit our website at www.uchastings.edu.

GRATEFUL for the top legal education you received at UC Hastings, which has had a signiﬁcant UC impact on your livelihood? HIREHASTINGS

WHEN YOU HIRE UC HASTINGS, YOU TAP INTO LEGACY A DIVERSE POOL OF TALENTED CANDIDATES WHO HAVE BEEN PRACTICALLY TRAINED AND Society members ensure support for future HAVE BENEFITED FROM: UC Hastings students, faculty members, t Clinical programs and placement centers, and programs by naming the school t Nationally ranked Moot Court, client as a beneﬁciary in their trusts, wills, retire- counseling, and dispute resolution teams ment funds, and life insurance policies. tTrial and appellate advocacy skills classes t Extensive judicial externship programs

WHEN YOU HIRE UC HASTINGS, YOU HIRE REAL-WORLD, PRACTICAL EXPERIENCE. UC Hastings Planned Giving

To learn more about how you can beneﬁt ﬁnancially and remember UC Hastings in your estate, FOR MORE INFORMATION, CONTACT email Shino Nomiya at SARAH TIGERMAN ’96 AT 415.565.4619 [email protected] OR [email protected]. or call 415.565.4616.