Spring 2011

AThe OhioLL State UniversityR MoritzISE College of Law

Challengesin Providing Equal Education toAll

OSJDR Celebrates 25 Years • Reunion 2010 Pictures • Leadership Program Thrives Kathy Seward Northern, the College’s associate dean for She is the coordinator of the Law and Leadership admissions and an associate professor of law, was awarded Institute, a pipeline program for middle and high the University’s Distinguished Diversity Enhancement school students. She also has been faculty advisor Award in 2010 in recognition of her service to the diverse to many diverse student groups at the law school. student community. Northern has held hundreds of student Northern was recognized for her award in October counseling and tutoring sessions and provided a sounding 2010 during half-time at an OSU football game in board for students dealing with diversity-based issues. Ohio Stadium. Nancy’s Message From the Dean’s Desk

Two elements of the College’s values statement – excellence and innovation – have been a driving force behind much of our advancement in the past few months. The College, thanks to the help of alumni and friends, has recently announced the introduction of two terrific new programs. The College’s seventh legal clinic, the Entrepreneurial Business Law Clinic, will match student legal assistance with Ohio’s emerging businesses in need of transactional assistance. In addition, the Moritz Corporate Fellowship Program was launched to help place recent graduates in general counsel offices of leading corporations. Both initiatives advance the College’s mission and would not have been possible without the help of Moritz friends and supporters.

The creation of the Entrepreneurial Business Law Clinic has been a long- term goal of the College, and its start – slated for January 2012 – has ties to alumni, faculty, and students. For many years the Moritz administration and faculty have sought to expand our renowned clinical program to include an opportunity to teach business transaction skills. As part of that process, Moritz faculty have dedicated countless hours researching best practices and clinic structures to develop the approach that would most benefit our school and community. The clinic, as you can learn in detail on page 6, will allow students to represent entrepreneurs and their start-up and emerging businesses. These businesses – not yet ready to hire paid legal counsel – will benefit from students’ pro bono assistance, and students will benefit from the hands-on experience. In addition, the program will help support new and growing businesses located throughout Central Ohio and other parts of the state. Finally, the generosity of a handful of alumni and friends transformed the idea into reality. Those include Ed Cooperman ’67, James J. Johnson ’72, Alec Wightman ’75, John T. Mills ’73, Clay P. Graham ’80, Michael Segal ’83, David Jamieson ’69, Robert L. Grossman ’78, Brian A. Basil ’95, Ohio Capital Corporation for Housing, and John J. Chester, Sr. I do not believe there is a better example of a community-wide collaboration, and we are all eager for the start of this clinic.

You are likely well aware of our ongoing efforts to expand career opportunities for our students and recent graduates who are seeking employment in a particularly challenging job market. In January, we launched the Moritz Corporate Fellowship Program. The program places recent Moritz graduates in the general counsel offices of leading national corporations. You can read more on page 4, but the paid fellowships, much like judicial clerkships, provide recent graduates with an opportunity to gain invaluable legal experience while working alongside experienced attorneys. The College has welcomed six corporate partners: The Scotts Miracle-Gro Company, Nationwide Insurance, American Electric Power, Broad Street Capital Partners, DSW, Inc., and the National Retail Federation, and more are likely coming soon. Many of these partnerships have emerged thanks to alumni who have realized the benefits of the program in their offices and were eager to partner with us. We have high expectations for this first-of-its-kind fellowship program and believe it will offer another opportunity for Moritz students to get a head start on great careers.

Sincerely,

Alan C. Michaels Dean and Edwin M. Cooperman Professor of Law ALLRMISEagazine

Executive Editor Barbara Peck Chief Communications Officer [email protected]

Editor Rob Phillips Communications Coordinator [email protected]

Contributing Writers Lauren Coker The Ohio State University Moritz College of Law Communications Intern Molly Gray Communications Intern Thomas Sneed Reference Librarian, Moritz Law Library

Design and Photography Andrea Reinaker Graphic Designer [email protected]

Contributing Photographers Getty Images gettyimages.com Todd Callentine Callentine Photography 16 [email protected]

Web Design JD Barlow Web Communications Specialist [email protected] 20 moritzlaw.osu.edu

All Rise is published by: The Ohio State University Moritz College of Law 22 55 W. 12th. Ave. Columbus, OH 43210 Phone: (614) 292-2631 moritzlaw.osu.edu Do you want to share your thoughts on a topic covered in All Rise? Send a letter to the editor by e- 33 mailing Barbara Peck at [email protected]. Or mail a letter to The Ohio State University, Moritz College of Law, c/o Barbara Peck, 55 W. 12th Ave., Columbus, OH 43210. Letters should be kept to fewer than 400 words and may be edited. We can not guarantee that all letters received will be printed in the next edition 39 of All Rise. Diverse viewpoints are presented in this publication, and they do not necessarily reflect the official policies of the law school. 44 22

16 33 The Ohio State University Moritz College of Law LL ISESpring 2011 A RMagazine

Features: Columns: Departments: Five-minute Classroom: The Legacy of William B. Saxbe ’48 (1916-2010) 13 4 In Brief 16 Moritz alumni, faculty, and friends remember the Tips from the Moritz Librarians former attorney general. on Regulation Research 14 Authors’ Corner Faculty Q&A 59 Alumni News Professor Swire Returns from White House 50 What has the Obama presidency meant 20 Professor Peter Swire is back at Moritz after serving for the growth of presidential power? 74 Reunion Photos as special assistant to President Obama. Career Paths 79 Tailgate Photos 52 Ellen Sheffield ’81 Challenges in Providing an Equal Education to All Book Artist 22 Are America’s schools failing, and what role will the law have in evening (or raising) the playing Alumni Focus field? 54 William Isaac ’69 Chairman of the Board at Fifth Third Bancorp Teach For America Leaves 33 Lasting Impact on Moritz Students Alumni Focus Current Moritz students share their experiences 56 Dan Elliott ’89 with TFA. Chairman, Surface Transportation Board

Program on Law and Leadership Workshops Alumni Focus 39 Provide Hands-On Leadership Training 73 The Bazlers In its fourth year, PLL continues to implement Gift Supports Moritz, Agriculture education historically absent from law schools.

OSJDR Celebrates 25th Anniversary 44 Former editors reminisce about publishing this journal on alternative dispute resolution. In Brief Around the Law School

Moritz Launches Innovative Corporate Fellowship Program

he Ohio State University Moritz College of Law continues fellowships typically will last between nine and to grow its Moritz Corporate Fellowship Program, which twelve months. Twas announced in January. The innovative initiative places “I immediately recognized that the new Moritz graduates within the general counsel offices of leading program was a win-win for both the law national corporations. The fellowships, which follow the judicial school and Scotts,” said Vince Brockman ’88, clerkship model, will match the specific needs of each corporate executive vice president & general counsel, partner while putting recent graduates’ top-flight training and ability corporate secretary, and chief ethics and to immediate use inside the legal departments of major companies. compliance officer at Scotts. “Students and “At the Moritz College of Law, we continue to introduce graduates get to add strong work experience to new programs that expand the their resumes, and Scotts gets top notch talent opportunities for our students and “As corporations become at very competitive rates.” graduates,” said Alan Michaels, dean an increasing share of the Each Moritz Corporate Fellowship has a of the Moritz College of Law. “This legal employment universe, number of common elements that ensure the initiative will not only give our it is important for in-house value of the experience. A corporate fellow graduates a terrific career-building legal departments to will have a designated mentor within the experience, but it will also allow participate in more formal, general counsel’s office of their corporation. Moritz and partner corporations post-graduate educational By attending group and client meetings, to strengthen our relationships and opportunities.” fellows will benefit by experiencing first-hand benefit one another.” the issues and discussions within the partner Patricia R. Hatler The program’s inaugural executive vice president, chief legal and corporation’s legal team. Fellows will also partners were American Electric governance officer at Nationwide have the opportunity to meet with corporate Power, Nationwide Mutual leaders outside of the legal department. These Insurance Company, and Scotts Miracle-Gro. Since the program’s interactions are intended to deepen the fellow’s launch, DSW, the National Retail Federation, and BroadStreet understanding of the internal working of a Capital Partners have also agreed to participate. corporation and the relationship between its Corporate participants will deploy fellows in a manner that business and its legal services. best fits their needs while uniformly providing fellows expansive “Historically, law firms have provided exposure to the corporation, its legal needs, and the workings most of the legal profession’s post-graduate of in-house counsel, including the corporation’s interaction with training opportunities,” said Patricia R. Hatler, lawyers outside the corporation. Like judicial clerkships, these paid executive vice president, chief legal and

4 | Moritz College of Law Around the Law School In Brief

governance officer at Nationwide. “As corporations Moritz Corporate Fellowship Program fits perfectly become an increasing share of the legal employment with AEP’s long-standing support for academic universe, it is important for in-house legal departments institutions in the communities we serve and provides to participate in more formal, post-graduate educational an innovative program that aligns with our Legal opportunities. We think the Fellowship Program is both Department’s mission to provide the highest quality a great training opportunity for graduates, as well as a legal services in the most cost-effective way,” Miller significant chance for corporate employers to educate said. “This program offers us the opportunity to attorneys about the exciting possibilities of in-house nurture emerging legal talent through direct exposure practice.” to the cutting-edge legal issues that our lawyers and Mike Miller ’75, AEP’s senior vice president, staff face every day and to do so in a way that makes general counsel, and secretary, reiterated that investing sound economic sense to us.” in the development of professional talent benefits AEP, To learn more about the program, visit moritzlaw. the community at large, and Moritz graduates. “The osu.edu/mcfp.

Corporate Testimonies

“When Dean Michaels discussed the fellowship “The Moritz Corporate Fellowship Program program with me, I immediately recognized that it fits perfectly with AEP’s long-standing was a win-win for both the law school and Scotts. support for academic institutions in the Students and graduates get to add strong work communities we serve and provides an experience to their resumes, and Scotts gets top innovative program that aligns with our notch talent at very competitive rates.” Legal Department’s mission to provide the highest quality legal services in the most Vince Brockman ’88 Executive Vice President & General Counsel, cost-effective way. This program offers us the Corporate Secretary, and Chief Ethics & Compliance Officer, The opportunity to nurture emerging legal talent Scotts Miracle-Gro Company through direct exposure to the cutting-edge legal issues that our lawyers and staff face “Nationwide plans to design a customized every day and to do so in a way that makes Fellowship Program for each participant. We sound economic sense to us.” will expose each fellow to less familiar aspects Mike Miller ’75 of in-house legal practice, while tailoring the Senior Vice President, General Counsel, and Secretary American Electric Power experience to the individual interests of the fellow. We will expect fellows to practice law in our legal department -- giving advice, learning about the “Participation in this program will allow us to client’s business operations, and gaining experience get quality legal talent at a good value. It’s a with real legal issues in various legal specialties.” way to help BroadStreet, while giving back to the profession by mentoring a new lawyer – a Patricia R. Hatler true ‘win-win’ situation.” Executive Vice President, Chief Legal and Governance Officer Jenny Marks Nationwide Mutual Insurance Company Vice President, Secretary & General Counsel BroadStreet Capital Partners

SPRING 2011 | 5 In Brief Around the Law School

Moritz to Add Entrepreneurial Business Law Clinic in 2012

he Ohio State University Moritz College of Law will Third-year Moritz students will enroll launch a new clinical program to serve start-up and in the class beginning in January 2012. The Temerging businesses that need transactional legal Entrepreneurial Business Law Clinic will join the assistance. The clinic will begin operation in January 2012. College’s other comprehensive clinical programs: The College’s seventh clinic, the Entrepreneurial Business Law Civil Clinic, Criminal Defense Clinic, Justice for Clinic will benefit students by providing them the opportunity Children Clinic, Legislation Clinic, Mediation to represent entrepreneurs and their businesses while Clinic, and Prosecution Clinic. simultaneously supporting and furthering Ohio’s mission of The addition of the Entrepreneurial Business sustained economic growth. Law Clinic is the next step in the continued Students enrolled in the Entrepreneurial Business Law strengthening of Moritz’s business law offerings. Clinic will assist young companies – not ready or able to hire In recent years, the College has welcomed several attorneys – on a pro bono basis and will offer legal service new faculty members whose research is focused on matters such as business specifically on topics in business law; added Students will represent structure and formation, the Schottenstein Zox & Dunn’s Distinguished taxation, employment contracts, entrepreneurs and their Practitioners in Residence Program in Business and intellectual property issues. businesses while supporting Law, which welcomes leading practitioners “Lawyers play an essential Ohio’s economic growth. from around the world to Moritz to teach one- role in the creation and credit courses; created the vibrant Ohio State advancement of any business,” Moritz Dean Alan Michaels Entrepreneurial Business Law Journal; and recently said. “The theory driving this clinic is to provide students launched the Moritz Corporate Fellowship with first-hand, real-world experiences involving business Program, which places new Moritz graduates transactions. As an added benefit, our students will assist the within the general counsel offices of leading cultivation of new businesses that need legal assistance, but are national corporations. not yet able afford it. I am particularly excited that this clinic allows Moritz to make a significant contribution to Ohio’s efforts to strengthen business development.” Work is currently underway for the implementation of the clinic, which is being funded almost entirely through Current Moritz donations made by the following Moritz alumni and friends: Ed Clinical Programs Cooperman ’67, James J. Johnson ’72, Alec Wightman ’75, John T. Mills ’73, Clay P. Graham ’80, Michael Segal ’83, Civil Clinic, Criminal Defense Clinic, David Jamieson ’69, Robert L. Grossman ’78, Ohio Capital Justice for Children Clinic, Legislation Clinic, Mediation Clinic, and Prosecution Clinic. Corporation for Housing, and John J. Chester, Sr.

6 | Moritz College of Law Around the Law School In Brief

Peter Shane (second left) celebrates his award with Professor Martha Chamallas, President E. Gordon Gee, Professor Camille Hébert, and Associate Dean Kathy Northern (left to right). Professor Shane Receives University Distinguished Scholar Award

rofessor Peter M. Shane, the Jacob E. Davis and Jacob E. Davis II Chair in Law, was named a 2011 University Distinguished Scholar by PThe Ohio State University. The award, established in 1978, recognizes exceptional scholarly accomplishments by senior professors who have compiled a substantial body of research. Distinguished Scholars receive a research grant of $20,000 and an honorarium. Just six professors out of the more than 2200 full-time faculty across campus receive the award annually. Professor Shane is a public law scholar of national and international repute. He stands at the top of two different fields within public law and policy – separation of powers and the role of media and digital technology in sustaining democracy. As a separation of powers authority, Shane’s recent Professor Shane is the fifth Moritz book –Madison’s Nightmare: How Executive Power Threatens American Democracy faculty member to be honored with (University of Chicago Press, 2009) – attracted the attention of the U.S. the University Distinguished Scholar Senate Judiciary Committee Constitution Subcommittee, which asked him to honor. The following professors provide official testimony on the topic. Professor Shane’s many other writings were previously recognized: Gregory have led him to providing Congressional and executive branch guidance Caldeira, Distinguished University Professor, Ann and Darrell Dreher on topics including war powers, executive privilege, judicial appointments, Chair in Political Communication presidential signing statements, pardon power, national security, balanced and Policy Thinking, Professor budget amendments, and impeachment. of Law (1993); John B. Quigley, Professor Shane also pioneered work and scholarship on the topic of President’s Club Professor of Law “cyberdemocracy,” which is the use of digital media and technology to (1995); Deborah Jones Merritt, enhance the democratic process. He has been awarded multiple research John Deaver Drinko-Baker & grants to further develop and improve this new field. In addition, Professor Hostetler Chair in Law (2002); Ruth Shane is a co-founder and faculty editor of I/S: A Journal of Law and Policy for Colker, Distinguished University Professor, Heck Faust Memorial the Information Age, one of five scholarly journals at Moritz. Chair in Constitutional Law (2003); In 29 years as a law professor, Professor Shane has published six books, and Joshua Dressler, Frank R. 41 law review articles, seven book chapters, and 12 encyclopedia entries. His Strong Chair in Law (2007). work has been cited more than 725 times by authors in legal journals alone.

SPRING 2011 | 7 In Brief Around the Law School

Clarence Mingo ’98 (left) was elected as Franklin County auditor. Brian Sandoval ’89 (right) was elected governor of Nevada with 54 percent of the vote.

Moritz Alumni Celebrate Election Success

n November, several Moritz alumni secured key and Carla D. Moore ’77 were elected to seats in Ohio positions in various elections across the country. Courts of Appeals. I Brian Sandoval ’89 was elected governor of Four alumni were elected to Franklin County Court Nevada with 54 percent of the vote. Before entering of Common Pleas judgeships; they are John F. Bender the campaign, Sandoval was a U.S. District judge for the ’71, Kim Browne ’93, Kimberly Cocroft ’00, Richard District of Nevada. Sandoval was Nevada’s first Hispanic Frye ’73, and Mark Serrott ’79. federal judge. Other alumni elected to Courts of Common Pleas Prior to his judgeship, Sandoval (R) was Nevada’s throughout Ohio included: Michael Ward ’71, Athens attorney general. As attorney general, Sandoval is County; Robert Batchelor ’92, Coshocton County; credited with creating the state’s first public integrity David Fuhry ’77, Geauga unit to investigate and prosecute officials who violated Five Moritz alumni County; Denise Herman the public trust, leading the state’s legal fight against the won seats in the McColley ’81, Henry County; storage of high level nuclear waste at Yucca Mountain, Ohio House of Robert Rinfret ’72, Holmes and sponsoring important legislation that strengthened Representatives. County; Otho Eyster ’75, Nevada’s laws against domestic violence, drug abuse and Knox County; Mark Stanton human trafficking. O’Connor ’69, Logan County; Robert Nichols ’67, Five Moritz alumni won seats in the Ohio House Madison County; Randy Deering ’74, Pike County; of Representatives. They are: William Batchelder ’67 James D. Henson ’69, Richland County; Jeffrey (R-Medina County); John P. Carney ’01 (D-Franklin Simmons ’79, Vinton County; and Timothy Oliver ’74, County); Kathleen Clyde ’08 (D-Portage County); Warren County. Peter Stautberg ’93 (R-Hamilton County); and Michael Some Moritz graduates did not fare as well. Both Stinziano ’07 (D-Franklin County). Mary Jo Kilroy ’80 (D-Ohio) and Zachary Space Clarence Mingo ’98 (R) was elected as Franklin ’86 (D-Ohio) lost their seats in the U.S. House of County auditor. Mingo was originally appointed to the Representatives. Yvette McGee Brown ’85 (D) lost her position in August 2009. run for Ohio’s lieutenant governor. Mark Schneider ’00 Several alumni were successful in their runs for (D-Lake County) fell short in his run for the Ohio House judicial seats throughout Ohio. Paul Pfeifer ’66 was of Representatives. reelected to his seat on the Supreme Court of Ohio. Julia To see a full list of alumni who ran in November Dorrian ’96, Julia A. Edwards ’78, Judith French ’88, 2010 elections, visit go.osu.edu/alumnielect.

8 | Moritz College of Law Around the Law School In Brief

Two Alumni Teach Distinguished Practitioner Courses

wo Moritz alumni taught courses this fall as part of Tthe Schottenstein Zox & Dunn Distinguished Practitioners in Residence Program in Business Law. Launched in 2005, the Distinguished Practitioners Program brings judges and practitioners as adjunct professors to Moritz to teach one-credit, concentrated courses in advanced aspects of business law. Dan D. Sandman ’73, former general counsel and corporate Also returning to Moritz to teach a Distinguished Practitioners course was Scott V. secretary of U.S. Steel, taught a Simpson, a partner at Skadden, Arps, Slate, Meagher & Flom LLP. course on corporate governance law. The course emphasized the role Issues Associated with International Finally, the Hon. William B. of in-house counsel in major U.S. Joint Ventures. The course gives students Chandler returned to Moritz to teach corporations. Sandman was joined at a first-hand look at such international Fiduciary Responsibility in March two class sessions by fellow alumnus ventures and the government issues, 2011. Chandler has been chancellor of James Johnson ’72, who served choice of law, investment protection, and the Delaware Court of Chancery since as chief legal officer at Procter & other issues associated with them. 1997. Gamble from 1991-08. James K.L. Lawrence ’65, taught negotiation and mediation. Lawrence, a member at Frost Brown Todd LLC in Cincinnati, has focused his practice Tokaji Assumes Leadership of Election Law Journal on labor and employment, alternative dispute resolution, and real estate and Starting in January, Professor Dan provided a civil and balanced forum commercial development. Tokaji began as co-editor of the for expression of viewpoints across Also returning to Moritz as prestigious Election Law Journal. The the political spectrum. a Distinguished Practitioner in journal launched shortly after the Tokaji was also recently appointed 2000 Florida election debacle and to the Board of Directors for the Residence was Scott V. Simpson, the unprecedented American Constitution Society. a partner at Skadden, Arps, Slate, public and Tokaji is a professor of law at Meagher & Flom LLP, based in academic attention Moritz and the associate director London. Simpson’s course was paid to election of the College’s Election Law @ entitled Introduction to International administration that Moritz program. Prof. Tokaji’s areas Mergers & Acquisitions and Strategic followed. In the of expertise include election law, Investments. Simpson is co-head of nine years that ELJ civil rights, and federal courts. His the Global Transactions Practice and has been in print, scholarship addresses questions of it has published political equality, racial justice, and a member of the Policy Committee articles addressing campaign finance, the role of the judiciary in democracy. at Skadden. redistricting, election administration, Prior to arriving at the Moritz This spring, Gail Block Harris, the initiative process, the Electoral College of Law, Prof. Tokaji was an who is of counsel at Simpson College, political parties, and attorney with the ACLU Foundation Thacher & Bartlett LLP in New everything from papal elections to of Southern California from 1995 to York City, taught Introduction to terrorist attacks. The journal has 2003.

SPRING 2011 | 9 In Brief Around the Law School

Lloyd Joins Ohio Legal Assistance Foundation

Angela Lloyd, an associate clinical professor law at Moritz, recently left the College to assume the position of Linda Jones (center), who shared leadership of Career Services for the past two years with Pam Lombardi, took on the leadership of that critical unit as senior director of career executive director of the Ohio Legal services. Assistance Foundation (OLAF). “Angie has done a great job with the Justice for Children Practicum, both teaching in the classroom Lombardi Retires, Zets and Jones Assume and mentoring in the courtroom,” said Moritz New Responsibilities Dean Alan Michaels. “So many students fter 20 years of service at Moritz, Pam Lombardi retired from her have benefitted from her positions as assistant dean for career services and external affairs and instruction and, as a director of alumni affairs in the fall. Lombardi came to the Moritz result, many clients have A College of Law in 1990 to work in career services, and in her tenure at the benefitted as well. We will miss her.” College she has captained both that ship and alumni affairs. Her extraordinary Lloyd joined Moritz in 2003. creativity, professionalism, and care for the College allowed her to be a valued She played an integral part in the advisor to nearly everyone she encountered at the law school. College’s Justice for Children Clinic, “Pam has served as a trusted mentor and invaluable source for innumerable which provides students with the members of the Moritz community,” Dean Michaels said. “We have benefited opportunity to represent children in a from her special contributions in more ways than we can count.” variety of legal proceedings. Lombardi’s many responsibilities in career services and alumni affairs were The Ohio Legal Assistance split amongst two people. Kathy Zets has come on board as Foundation is committed to equal access to justice and works to director of alumni affairs and donor relations. Zets brings assure that resources, programs, years of experience in stewardship, donor relations, and and services exist statewide to serve volunteer board management to the school. She has served the unmet civil legal needs of Ohio’s as the associate director of stewardship and donor relations poor. at OSU’s James Cancer Hospital and Solove Research Institute, and most recently as board liaison for the James Cancer Hospital’s Foundation Board. Kathy Zets Linda Jones, who has shared leadership of the Career Services Department for the past two years with Lombardi, will take on the leadership of that critical unit as senior director of career services. Jones joined career services with over 15 years of experience in the recruitment and professional development of law students and attorneys. Before moving to Ohio, she was the director of legal personnel for the New York law firms Milbank, Tweed, Hadley & McCloy and Lord Day & Lord, Barrett Smith.

10 | Moritz College of Law Around the Law School In Brief

Civil Clinic Victorious at Supreme Court of Ohio

or the first time last April, work by students in the Moritz Civil Law Clinic was heard before the FSupreme Court of Ohio. Although Professor Elizabeth Ilgen Cooke made the oral arguments, students played an integral part in preparing the case. Not only was it the clinic’s first time proceeding to oral arguments in the Ohio Supreme Court, but it will also go down as its first victory. The case dealt with a conflict between the Ohio 2nd and 9th District Courts on the application of a statute to a pending adoption. The (left to right) Professor Elizabeth Ilgen Cooke, Stephen Maurice White ’10, and Despite the denied court asked the student clinic Jon Franz ’10 motion to argue, White to represent the birth mother and fellow classmate in the proceedings. Jon Franz were The Court ruled that intimately involved in almost every stage of the pre-adoption placement the case. procedures set forth in the state must be followed, Student Article Cited in even if the child has been living with the prospective U.S. Supreme Court Brief adoptive parents after they have obtained legal custody by a juvenile court. The U.S. Chamber of Commerce cited a law review article The children in question had been living away from written by Elizabeth M. Williamson ’11 in its amicus brief for their mother, who retained residual parental rights, the case Smith et al. v. Bayer Corporation, which was argued for two years when their legal custodians pursued before the U.S. Supreme Court on Jan. 18. Williamson’s adoption. The couple was seeking that the court waive article is titled; “When Talk Isn’t Cheap: requirement that the children’s parents consent to their The Hidden Costs of Communication with adoption placement. Putative Class Members for Class Action In support of the biological mother, the Court ruled Defense Counsel in a Post-Financial unanimously that the procedural requirements could Recession World”, 5 Entrepreneurial only be waived if the potential adoptive parents were Bus. L. J. 453 (2010). It was cited on biologically related to the parents of the child or if they page 17 of the brief in support of the were legal guardians rather than custodians. notion that “Permitting relitigation of Stephen Maurice White ’10 was originally slated to certification questions would increase argue the case but the Court denied the motion to have these costs even further. Businesses incur prohibitive costs a student make oral arguments, which led Cooke, who throughout the life of a class action suit, but particularly at oversees the clinic, to take his place. Despite the denied the early stages.” The question presented in the case is whether a federal court has the authority to prohibit a state motion to argue, White and fellow classmate Jon Franz class action suit when it has already denied federal class ’10 were intimately involved in almost every stage of the status. case.

SPRING 2011 | 11 In Brief Around the Law School

(Top, left to right) Nancy Kim, Edwin T. Hood, Saul Zipkin, E. Stewart Moritz; (Bottom) Vincent Cardi ’67, Miriam Bitton, Kenneth M. Murchison

Visiting Faculty Welcomed in 2010-11

ach year Moritz welcomes a number of visiting courses in the winter semester. faculty from around the country and sometimes Nancy Kim, who regularly teaches at from around the world. These faculty bring E California Western School of Law in San Diego, diverse perspectives, research foci, and legal experiences. taught Contracts, Licensing, and Cyberlaw in In the 2010-11 school year, the College welcomed 2011-12 at Moritz. several visiting professors, each of whom made lasting contributions to the Moritz community. E. Stewart Moritz is an associate professor of law at The University of Akron School of Vincent Cardi ’67, the Bowles, Rice, McDavid, Law. In the winter semester, he taught Firearms Graff & Love professor at the West Virginia University Regulation and Legislation. College of Law, joined the College for both fall and winter semesters. Cardi, a Moritz alumnus who also Kenneth M. Murchison joined Moritz from holds an LL.M. degree from Harvard Law School, the Louisiana State University Law Center to taught Contracts, Secured Transactions, and Topics in teach Climate Change and Environmental Law in Commercial and Business Law at Moritz. Cardi has the winter semester. also been a visiting professor at Mercer University Law Gray Thayne ’80 School, St. Thomas University School of Law, and St. Another Moritz alumnus, , John’s University School of Law. a former prosecutor in both Clinton County and Delaware County, graciously agreed to Miriam Bitton taught Patent Law and an temporarily work as a visiting clinical professor International Intellectual Property Seminar while on in the College’s Justice for Children Clinic. leave from Bar-Ilan University in Ramat Gan, Israel. Bitton earned a S.J.D. and LL.M. from the University of Saul Zipkin is a visiting assistant professor Michigan Law School. during the 2010-12 school years. At Moritz, he teaches Administrative Law, Constitutional Law, Edwin T. Hood temporarily left the University of and Legislation. Missouri-Kansas City Law School to teach two taxation

12 | Moritz College of Law Tips from Moritz Librarians 5-Minute Classroom

Tips for Administrative Regulation Research: Online Resources Web Simplifies Search for Regulations, Proposed Rules

By Thomas Sneed

ou probably have encountered a situation where in the rule making process. This site allows the user a particular statute does not completely answer to examine and track proposed and final regulations your legal issues, and you have needed to turn through e-mail alerts, and also provides the capability to administrative regulations promulgated by to submit comments online. Another helpful resource Ya governmental agency to complete the research. With is Tomorrow’s Federal Register provided by the space considerations being a reality in many law offices, National Archives (archives.gov/federal-register/public- these regulations can be a large addition to inspection). This feature includes information on what a library collection. However, on both the rules will be included in the Federal Register on future federal and state levels, there are numerous dates. freely available online options that provide codified regulations and proposed rules to State Regulations assist with your research needs If you need to research regulations on the state level, there are also resources available to freely access these Federal Regulations materials. Many states provide access to both their The Government Printing Office codified and proposed regulations online, and can provides a web site called GPO Access often be found on a secretary of state’s web site. A (www.gpoaccess.gov) that provides access to several central repository for the links to codified regulations government publications, including the United States and registers for all 50 states can be found at the web Code, the Congressional Record, and administrative site for the Administrative Codes and Registers Section regulations. For regulations, GPO Access includes the of the National Association of Secretaries of State Code of Federal Regulations (CFR) from 1996 and the (administrativerules.org). Another option for state Federal Register from 1994. Keep in mind that these are regulation research is Casemaker, which is a partnership the official versions, and the CFR in particular is only with state bar associations to provide basic legal research updated yearly when the new editions are published. For to members of the bar. Casemaker is currently available those that want an updated version of the CFR, GPO from 28 state bar associations, including Ohio, and can be Access also includes a feature called e-CFR, which is a accessed through your bar association’s web site. currently updated, unofficial version of the Code. The Government Printing Office is working on a new database for its collection known as FDsys (www. Thomas Sneed is a reference librarian at the Moritz gpo.gov/fdsys). This new database provides more user- College of Law. His responsibilities include providing friendly search capabilities for the documents published reference services to faculty, staff, students, and the by the government, but is still in its early stages as more public, and teaching first-year and advanced legal research courses. Prior to becoming a librarian, Sneed practiced law documents are being included. Currently on FDsys you in Kentucky and worked as a real estate specialist with the can find the Code of Federal Regulations from 2000 and Ohio Department of Transportation in Columbus. the Federal Register from 1994. There are several other governmental web sites that provide useful tools for accessing regulations. Regulations.gov (regulations.gov) is a partnership between 25 agencies to increase access and participation

SPRING 2011 | 13 Authors’ Corner Current Releases

The Measure of Injury: Race, Gender and Tort Law

(New York University Press, 2010) Martha Chamallas and Jennifer B. Wriggins

n The Measure of Injury: Race, Gender, and Tort Law, Ohio law from stemming domestic violence and sexual State University Moritz College of Law Professor exploitation; they also expose the approach’s IMartha Chamallas and Jennifer Wriggins, a University normative underpinnings to demonstrate that the of Maine School of Law professor, put tort law under a result is more than an unfortunate coincidence. critical magnifying glass and reveal with extraordinary clarity Chamallas, the Robert J. Lynn Chair in the pervasive effects of race and gender in the law of torts, Law at Moritz, teaches Torts, Employment effects often not visible upon a cursory glance because of the Discrimination, and Gender and the Law. Prior to facial neutrality of many contemporary legal rules. The book joining Moritz College of Law in 2002, Chamallas gives the reader a full and compelling picture that indelibly served on the faculties of the University of alters the traditional understanding of torts. Pittsburgh School of Law, the Louisiana Chamallas and her co-author, drawing State University Law Center, and the on an in-depth analysis of University of Iowa College of Law. case law ranging from the Jim Crow South to the 9/11 Victim Compensation Fund, demonstrate that women and minorities have been under-

compensated in tort law and that “What kind of harms matter, and traditional biases have resurfaced why? Steeped in the history of in updated forms to perpetuate American tort law, Chamallas patterns of disparate recovery based and Wriggins demonstrate how on race and gender. Grappling with attitudes about race and gender tort theory, the intricacies of legal run through the harms doctrine and the practical effects of recognized — and not recognized — by American law. This book is legal rules, The Measure of Injury is a brimming with insights about how unique treatise on torts that uncovers societies do and should express the public and cultural dimensions of what matters in assigning liability this always-controversial domain of for human pain and loss.” private law. Martha Minow Tort law “is built around the dual Dean, Harvard Law School premises that accidental injury lies at the core of tort law and that physical injury, rather than emotional harm or injuries to relationships, is of paramount concern.” The coauthors demonstrate how this paradigm has disabled tort

14 | Moritz College of Law Current Releases Authors’ corner

The New Jim Crow: Mass Incarceration in the Age of Colorblindness

(The New Press, 2010) Michelle Alexander

s the United States celebrates the nation’s “triumph over race” with the election of Barack Obama, the majority A of young black men in major American cities are locked behind bars or have been labeled felons for life. Ohio State University Moritz College of Law Professor Michelle Alexander argues in her new book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness, that although Jim Crow laws have been wiped off the books, an astounding percentage of the African American community remains trapped in a subordinate status — much like their grandparents before them. In this incisive critique, former litigator-turned-legal-scholar Alexander provocatively argues that we have not ended the racial caste in America: we have simply redesigned it. Alexander shows that, by targeting black men and decimating communities of color, the U.S. criminal justice system functions as a contemporary system of racial control, even as it formally adheres to the principle of color blindness. The New Jim Crow challenges the civil rights community — and all of us — to place mass incarceration at the forefront of a new movement for racial justice in America. Alexander says that this system of mass incarceration “operates as a tightly networked system of laws, policies, customs, and institutions that operate collectively to ensure the subordinate status of a group defined largely by race.” A civil rights advocate in her own right, Alexander was formerly the director of the Racial Justice Project at the ACLU of Northern Prof. Alexander Continues to California before coming to the Moritz College of Law in 2005 Garner Praise for Book where she holds a joint appointment with the Kirwan Institute for Alexander was included in “The Root 100,” the Study of Race and Ethnicity. Prior to joining OSU, Alexander a list of “young African-American pace was a member of the Stanford Law School faculty, where she was setters and game changers” compiled by director of the Civil Rights Clinic. The Root, a prominent daily online magazine Alexander is teaching a course on race, class and criminal justice devoted to providing commentary from black perspectives. She was honored for The New during the 2010-11 school year. Jim Crow.

According to The Root, the annual list includes 100 honorees who are “impactful, creative, iconoclastic, innovative, committed to community and, in many instances, defiant of any restrictive definitions of what it means to be black in America in 2010.”

SPRING 2011 | 15 16 | Moritz College of Law Saxbe Made Impact at Moritz, in Ohio, across Nation

William B. Saxbe 1916 — 2010

Tribute: Members of the Moritz community write about the Saxbe legacy. Left to right: Charles “Rocky” Saxbe ’75, Robert M. Duncan ’52, Professor Peter M. Shane, and John J. Chester.

illiam B. Saxbe ’48 passed away on Aug. his legal career remains a source of unending pride for his alma 24, 2010 at the age of 94. He was a former mater. He was a true giant in the field, and he leaves a remarkable U.S. senator and served as U.S. attorney and inspiring legacy. We at the law school are among the many general under Presidents Nixon and Ford. that benefited from his leadership and generosity.” It is impossible to quantify the value of In 2002, the Moritz College of Law named its auditorium the contributions made by Saxbe to his after Saxbe and established a designated professorship in his Wcountry, state, and The Ohio State University Moritz College honor. Over the past eight years, senators, U.S. Supreme Court of Law. justices, judges, and countless thought and policy leaders from Saxbe’s career in public service dates back to his law school around the nation have visited the College’s Saxbe Auditorium. days when he was elected to the Ohio House of Representatives All of the College’s main events – from orientation to lectures in 1946 while still a student. He served four terms in the Ohio and a final farewell to graduates – are held in the space named House, including a time when he was speaker of the House. He for Saxbe. was also elected to three terms as Ohio attorney general. He Saxbe, originally from Mechanicsburg, Ohio, holds a served as a U.S. senator before being appointed U.S. attorney bachelor’s degree (1940) and an honorary doctorate (1975) from general. He was appointed ambassador to India in 1975 and Ohio State and is a longtime supporter of the University. His served until 1977. In private practice, he was a principal in the son, Charles “Rocky” Saxbe, is a 1975 graduate of the College firm of Chester Willcox & Saxbe in Columbus. and his grandson, Jake, is a 2005 Moritz graduate. In addition, “William Saxbe’s extraordinary life exemplified the highest he is also survived by wife Ardath “Dolly” Saxbe, daughter Juli ideals of public service,” said Alan C. Michaels, dean of the Spitzer, son William B. Saxbe Jr., and several grandchildren and Moritz College of Law. “The scope of his accomplishment in great-grandchildren.

SPRING 2011 | 17 Law School Friendships Were Invaluable ‘Honesty, by Rocky Saxbe ’75 Wisdom, Courage’ n his book, I’ve Seen the Elephant, my father briefly recalls his by Robert Duncan ’52 time at the Ohio State College of Law, sheepishly confessing: he Honorable William B. “It wasn’t easy, but I managed to get by.” I can say the same Saxbe of Mechanicsburg, for my three years. Ohio, and I are natives of IWhile neither Dad nor I were leading scholars in law school, Champaign County, and we accumulated many friendships which rewarded us personally it was my good fortune and professionally over many years. This element of law school, to have known him all of friendships and my adult life. He was my relationship mentor and good friend. building, seems at For many years he performed outstanding public service for the time a secondary his country, state,T county, hometown, the legal profession, and concern to a student many people. Bill loved people – people from all social strata and absorbed in learning walks of life. He seemed to know everyone. His commonality and the law. But on engaging personality, in my life’s experience, were without match. reflection, for my He enjoyed life and was comfortable with who he was. father and me, it was I take license to speak for a large number of lawyers who the most valuable plentifully benefited from his intelligence, leadership style, honesty, part of our law wisdom, courage, common sense, character, and professional skills. school experience. He was a masterful lawyer in a most disarming manner. He has a For Bill Saxbe, wide breadth of experience having represented clients at tribunals ranging from Justice of the Peace courts to the Supreme Court classmates Robert of the United States. He was a small town lawyer and a big town Minor ’48, Stan Darling ’48, and Tom Connor ’48 became lifelong lawyer. He had a gift for fact synthesis, issue identification, and the political supporters whose own success as accomplished attorneys evaluation of the social outcome of a proposed legal opinion or proved invaluable to him as he advanced in his public service career. court decision. It has been the same for me. Many of my law school colleagues have Most Americans will remember William B. Saxbe for his public also achieved remarkable success and remain close to me socially service as attorney general of the United States. More specifically, and professionally. The respect and trust we developed in each for his role in the 1974 antitrust litigation involving the American other over 35 years ago have grown and today we still enjoy each Telephone and Telegraph Company, which resulted in a corporate other’s company and are able to accomplish professional objectives separation into a number of smaller companies. In the “Watergate which would have been much more difficult without our Ohio State Matter” in the wake of the so-called “Saturday Night Massacre,” connection. he successfully addressed challenges that were among the most So for all the Saxbes, Bill, Rocky and now my son, Jake ’05, we perplexing ever confronted by any attorney general of the United appreciate the education afforded to us by the College of Law. But States. The Washington Post correctly commented that he was “a we also recognize that the friendships which we began here can not blunt spoken and independent senator from Ohio who helped be underestimated as we reflect on our lives and careers. shield the Watergate investigation from political meddling.” He was straightforward, and became well known as a public Charles “Rocky” Saxbe ’75 is the son of William Saxbe. Rocky is a partner at Chester Willcox & Saxbe in Columbus. official who has no reluctance to clearly state what was on his mind. It is hard to imagine that he was ever fearful of anything. I never knew him to back off from his convictions for the sake of just “getting along” or political expediency. On occasion I discussed racial matters with Bill. I remember seeing him in the basement of the Statehouse in August 1965 – the day after the Watts, California riots began. During our conversation, in essence he said that people have got to obey the law, and when they don’t they should be prosecuted. He said that this country is undergoing needed changes, and we need to get on with them as soon as humanly possible. He said that all people in this country should have equal opportunities for a good life. Those were concise, accurate, and truthful expressions of his view of civil justice, which in my view, is righteous. Dr. Martin Luther King dreamed of the time when men and women would be judged on the content of their character. Bill Saxbe so judged people all of his life. Robert M. Duncan ’52 has served on the bench of the U.S. District I must confess to hero worship. Bill Saxbe was my hero. Court for the Southern District of Ohio, U.S. Court of Military Appeals, the Supreme Court of Ohio, and the Franklin County Municipal Court. He was vice president and general counsel of Ohio State and served on the University’s Board of Trustees.

18 | Moritz College of Law Saxbe A Straight Shooter

by John J. Chester ill Saxbe was a dedicated family man. He was dedicated soldier, politician, and public servant. He was a dedicated Republican. He Bopposed hypocrisy and corruption in any form. Saxbe Turned He was a straight shooter who spoke the truth as he saw it. You always knew where you stood U.S. Justice Department with Bill Saxbe. I first met ‘Integrity was in Right Direction Bill Saxbe in steadfast and by Peter Shane 1952 when illiam Saxbe served as U.S. attorney general for a brief, but we both ran unwavering’ pivotal time in the history of the Justice Department. He successfully took over in the wake of events that had demolished the for the Ohio House of Representatives. He Department’s morale and reputation for professionalism. was running for his fourth term as speaker John Mitchell’s involvement in the Watergate debacle and the of the House, and I was running for my first departures of Elliot Richardson, William Ruckelshaus, and term. He immediately struck me as the type of Archibald Cox were devastating. President Richard Nixon had little credibility left to choose man with whom I wanted to be associated not W only as a friend but in Ohio politics. Following any new attorney general. It probably seemed imperative to turn not only to a sitting senator, our tenure as state representatives, Bill ran but to a Republican who had been outspokenly critical of the White House – and thus firmly successfully for Ohio Attorney General four marked as an independent thinker. William Saxbe fit the bill. times and then was elected to the United In accepting his new assignment, Attorney General Saxbe undertook the delicate task States Senate in 1958. I am honored to have of representing “the United States of America,” even as the U.S. House of Representatives been a part of all of his election campaigns. was investigating “the president” for possible impeachment. A likely signal of his approach What made Bill a successful politician was that came in February 1974, barely two months into Mr. Saxbe’s tenure. The Department made ordinary people and business leaders liked him public a five-part report by the Office of Legal Counsel reviewing key legal aspects of the for being the affable man that he was. He was impeachment process. The report conspicuously declined to proffer definitive resolutions to free-speaking, honest, direct, and intelligent yet key legal questions that history showed to be highly ambiguous – for example, did the phrase unpretentious and unassuming. Moreover, Bill “high crimes and misdemeanors” embrace only criminal offenses? But the very tone of the was fun and sociable. As such, he was well liked report – analytic, detached, academic – seemed to signal a new determination to show the by everyone. Department rising above partisanship. He will always be remembered as man Fortunately, one assumes, for both Mr. Saxbe and for the country, Richard Nixon’s of his word. We spent innumerable hours resignation cut short the need of government lawyers to focus on impeachment issues. As a together in Washington during Watergate while transitional attorney general, however, heading into the Ford administration, Mr. Saxbe had he was attorney general and I served on the other important issues to deal with, such as the management of records and papers that Nixon defense team. During that time, I saw Nixon had left behind in the White House. His first-hand that Bill would not compromise primary legacy, however, probably lay in stopping the independence and integrity of the Justice the Department’s reputational slide and laying the Department as he had promised the Senate. He groundwork for a new era of professionalism and did not yield to pressure from the White House independence. His immediate successors, Edward to violate the law or his principles. His integrity Levi and Griffin Bell, were able to build on that was steadfast and unwavering. legacy, which was a precious gift not only to the We had a good run together. I am proud to have been his partner and friend. Department, but to the country as a whole.

Peter Shane is the Jacob E. Davis and Jacob John J. Chester is a partner at Chester Willcox & E. Davis II Chair in Law. He served in the U.S. Saxbe in Columbus. He is a former special counsel Department of Justice from 1978 to 1981. to President Richard Nixon and a former member of the Ohio House of Representatives.

SPRING 2011 | 19 Peter Swire returned to Moritz this fall after a one-year leave from law teaching that he spent working for the White House as a special assistant to the president for economic policy.

Professor Swire Returns to Moritz After Stint in White House

by Barbara Peck ike many owners of a smartphone, when Professor Peter Swire said. Swire awoke in the wee hours of the morning last winter, Swire, the C. William O’Neill Professor Lhis message box was full of e-mails. But, unlike most in Law and Judicial Administration, returned people who awake to discount offers, blast e-mails and news alerts, to Moritz this fall after a leave of absence Swire was reading confidential policy briefings and give-and-take from the faculty that he spent working for comments from top experts on the housing crisis. ‘Tis the life of a the White House as a special assistant to the special assistant to the president. president for economic policy. Swire worked “The physical pace is noticeably different than 10 years ago,” in the National Economic Council under Swire said. “The last time I worked for the president, on a normal Director Larry Summers and was the White day at 10 p.m., if someone wanted House coordinator for the administration’s “The economic me they would have to page me or interagency housing policy. situation is so difficult call. But, today, with smartphones, the “When the administration took office, that there is a very work never stops. It is common to housing prices had dropped for 30 straight send a document out at 10 p.m. and serious sense of months and a quarter of all mortgages were have comments by 7 a.m. the next purpose and focus.” underwater,” Swire said. “The heart of the morning.” Professor Peter Swire, problem was subprime mortgages, especially C. William O’Neill Professor in Every morning, White House and Law and Judicial Administration so-called NINJA loans – no income, no job, Department of Housing and Urban or assets. Every part of the system failed Development (HUD) briefing e-mails arrived by 6 a.m. and staffers and there were no checks and balances. were expected to report to the office bright and early, ready to Traditionally, lenders were very concerned discuss and offer insight and expertise. about whether the applicants could make “At every staff meeting, Larry Summers would go around the their payments because the debt was on their room, asking questions, sort of like a pop quiz, or law school,” books, but during the bubble, banks were

20 | Moritz College of Law Professor Peter Swire received a signed copy of an executive order that he helped develop from President Barack Obama.

packaging and passing on mortgages like never before.” Over the course of a normal week, Swire would work directly with the Treasury Department, HUD, Office of Management and Budget, the Domestic Policy Council, the Council of Economic Advisors, Office of Vice President, Department of Agriculture, and the Veteran’s Administration to create solutions. Swire focused the majority of his efforts on “The economic situation was so difficult in 2009 that reforming the Federal Housing Authority, Fannie Mae, there was a very serious sense of purpose and focus,” and Freddie Mac as well as developing loan modification Swire said. programs and other programs targeting foreclosures. During the period immediately following the In many ways, Swire said he was acting more as an election, Swire worked on a transition team focusing economist than a lawyer. on Federal Trade Commission. He also helped “I argued more about numbers than the rhetorical the administration transition its very well-known nature of the words,” he said. and dynamic social and digital media structure to In part, Swire relied on the experience he gained whitehouse.gov. while working on similar issues as an attorney during the “The rapid response required by new media is savings and loan crisis in the 1990s. a challenge when governing because many parts of “This crisis is much bigger than the savings and loan government want to weigh in on what is said,” Swire crisis,” he said. “In the savings and loan crisis, small and said. “During the transition and the start of the medium size institutions were in trouble and closing. In administration, people were still being selected to 2008, some of the biggest investment banks and lenders positions, computers did not work or have the necessary in the world were crashing, closing, or sold. Obviously, software, and the Senate confirmation process was this is going to have huge systemic effects.” slow.” Swire previously served in the White House as the Keeping true to his ability to wear many hats, Swire chief counselor for privacy in the Office of Management also assisted in the early days of the administration with and Budget under President Clinton. Having worked issues relating to wireless broadband and technology. directly with two presidents, Swire could not help but His efforts led to more than $7 billion being allocated observe some differences. toward increased wireless broadband access in the “Both Clinton and Obama are incredibly smart. American Recovery and Reinvestment Act. In President Clinton is more gregarious, naturally total, Swire played a significant role in many of the charismatic, and just dominates a room when he walks administration’s most challenging issues. in,” Swire said. “President Obama is very disciplined. He “The president had to make some very tough comes to meetings on time, absorbs the written material choices,” Swire said. “If the only goal was to have the in a detailed way, and reaches decisions in the allocated best midterm elections ever, then there would not have time. He is calm and relaxed even when the situation been a healthcare reform bill or a financial regulation is difficult. He listens very carefully, but does not show bill, but instead we would have just done a jobs bill every stress.” six weeks. The president took this time to make some Perhaps as a reflection of the leader’s style, the historic changes and he got some big legislation passed – atmosphere among White House staff also changed. and got hammered for it in the midterms.”

SPRING 2011 | 21 “The federal government is an equalizing force in education,” says Julie Miceli ’04, chief of staff and special counsel to the general counsel at the U.S. Department of Education.

22 | Moritz College of Law Challenges in Providing Equal Education toAll by Barbara Peck The statistics are dismal. More black males drop out of high school than actually graduate. When comparing the United States to other industrialized nations on standardized tests, the U.S. ranks mediocre at best. And, for the first time in the nation’s history, the current school-age generation is on track to be less educated as a whole than their parents.

SPRING 2011 | 23 n education, like many other social and in a state is not a violation of the federal constitution. economic issues facing the country, the path to This decision left advocates looking to state constitutions improvement and equality may very well entail for relief. As of 2010, 45 states have endured state changes in the law. As more laws and regulations constitutional challenges to their school funding systems. are passed, the field continues to grow but has About half of these 45 states have accepted state equal Iyet to become an official American Bar Association protection arguments and called for more equal funding section, division, or forum. among districts while the other half have found local control over education a compelling state interest. What Does the Law Guarantee? In the next round of litigation, rather than simply asking for fiscal equity, advocates argued spending on The U.S. Constitution has 4,400 words, and not a single education must be adequate to provide all students with one of them is education. an education guaranteed by their state’s constitution. State “The role of the federal government is something courts have been fairly receptive to this argument – with that lawyers need to grapple with,” said Julie Miceli ’04, plaintiff ’s winning almost two-thirds of the time. In New chief of staff and special counsel to the general counsel York, a state court in 2005 found that the state must at the U.S. Department of Education. “Education is not a increase spending in New York City schools by more than fundamental right, it is not guaranteed, and it is not in the $4 billion a year – or $5,000 per student - in addition to Constitution. Historically, education has been provided by billions in need capital improvements to bring schools up the states based on local control principles. The federal to an “adequate” level. To date, that has yet to happen. government has spending power to support schools and encourage reforms in education, but the vast majority of the funding and decision-making comes from state and “A child’s education should not depend on their local governments.” parents to seek out and put them in good schools – The U.S. Supreme Court has decided, however, that when states and localities do provide education, the 14th all schools should be good.” Amendment prohibits states from discriminating against Professor Charles E. Wilson students. In Brown v. Board of Education, Chief Justice Earl Warren wrote “Education is perhaps the most important function of state and local governments … where the Recognizing disparities in education levels nationwide, state has undertaken to provide it, it is a right which must as part of the war on poverty in 1965, Congress enacted be made available on equal terms.” The Supreme Court the Elementary and Secondary Education Act (ESEA) in held separate education facilities for blacks and whites are an effort to direct funds to key areas. Title I of the ESEA inherently unequal, but in the long string of cases that distributes federal funds to school districts with a high followed the Court has still not opined on how exactly an percentage of students from low-income families. The “equal education” is defined. No Child Left Behind Act (NCLB) passed in 2001 is a “To me, an equal education would be allocating reauthorization of Title I of ESEA. resources so that each child is able to meet his or her “The federal government is an equalizing force in academic potential,” said Ruth Colker, Distinguished education,” Miceli said. “Whether it is special education, University Professor and Heck Faust Memorial Chair in poverty, English language learners or first- generation Constitutional Law at The Ohio State University Moritz college students, that is the federal government’s primary College of Law. focus. These populations all need to be served equally Many advocates and school districts have charged that and fairly so all students have an opportunity to learn.” relying on property taxes to fund K-12 education creates unequal revenue that disenfranchises poorer, and often minority, districts. The Supreme Court, however, in the early 1970s determined unequal spending among districts

24 | Moritz College of Law Are We Meeting Those Guarantees? While few can agree on what an equal education looks like, and even less on how to achieve it, the Special Education: statistics themselves do not paint a picture of equality or adequacy. Shining Example or Work in Progress? Across the country, the national average number of white male students reading at or above grade One area of education law and policy that has seen tremendous change is the area of special education. level was 33 percent and the average for black male students was 9 percent. Not a single state crossed In the 1960s, courts concluded denying children access to public the 50 percent threshold (with Maryland taking the education because of a disability was a violation of due process. top spot with 45 percent of 8th grade white males In 1975, Congress passed the Individuals with Disabilities Education Act (IDEA), which provides federal support to states that reading at or above grade level). In Columbus, follow specific criteria for educating disabled the 2008 graduation rate for black males was 35 students. Prior to the passage of IDEA, more percent, compared to 44 percent for white males. than one million children with disabilities The data of younger students hints at a possible were being turned away from schools. reason – in the state of Ohio in 2009, 39 percent “The law requires that children with of white male students and 8 percent of black male disabilities receive a free and appropriate students read at or above grade level. public education,” said Ruth Colker, “There is such uneven education across the Professor Ruth Colker Distinguished University Professor and Heck Faust Memorial Chair in Constitutional Law country with such extremes and inequities that it is at The Ohio State University Moritz College of Law. “Of course, difficult to really give an overall grade,” Colker said. reasonable minds differ on what is appropriate.” Rundown facilities, lack of text books, untrained Today, 95 percent of children with disabilities attend neighborhood teachers, and overcrowding often plague inner city schools and 60 percent spend at least 80 percent of their day or poverty-stricken districts. in regular classrooms. In 2007, 60 percent of students with “At the school I taught at, just placing students disabilities graduated with a regular high school diploma and in the correct classes at the beginning of the year almost half enroll in post-secondary education. was a challenge,” said Megan Wintermantel ’12, “We have made tremendous progress in educating all children with who taught 7th grade English to classes of 35 disabilities. There have been enormous advances in meeting the students in the Los Angeles Unified School District requirement of getting all children in the classroom and educating as a member of Teach For America. “Students every child,” Colker said. “The harder question is: what progress have we made in the last decade? Unfortunately, after huge gains, were constantly being moved from class to class, the same socioeconomic disparities that plague the rest of the coming in and out of my class, and missing huge education system are now affecting disability education.” parts of the curriculum.” A month into her second school year, Specifically, significant disparities have risen between the number of middle class children classified as special needs and receiving Wintermantel herself was “displaced” as a teacher Individualized Education Plans or private schooling at taxpayer at the school when it was determined there were expense and the numbers of poor children receiving similar too many teachers. “My kids were split up among benefits. other seventh grade English classes and had to “Children from middle-class families have resources to advocate start over. It was heartbreaking. Determining for their children, while poor children often do not. Unfortunately, which teachers are displaced from a school is just a the statute requires that parents advocate for their children with formula based largely on seniority – it has little to disabilities,” Colker said. “As a result, middle class children make do with which teachers have been effective.” up a huge proportion of children who are labeled as autistic and are sent to highly specialized and focused private schools on According to the Urban Institute Education taxpayer funds. Poor children, on the other hand, are much more Policy Center, fewer than 38 percent of students likely to be labeled as a behavior problem or mentally retarded and in the Cincinnati, Cleveland, Columbus, Dayton, segregated in a separate classroom in a public school.”

SPRING 2011 | 25 and Toledo public school districts graduate on time. It will be held to the same standard. We will stop lying to is not just the students who are failing, but the schools children and their parents — telling them they are ready themselves. In Ohio’s six largest counties, 2.2 percent when they are not.” of schools in non-high poverty schools (fewer than 60 percent of students eligible for free or discounted lunch) Challenges in Finding Solutions are on academic emergency, compared to 37.7 percent of high poverty schools (60-80 percent of students Ask any administrator or policymaker why schools are eligible for free or discounted lunch) and 42.7 percent of failing and they will provide a laundry list of reasons. extreme high poverty (more than 80 percent of students The problems themselves are not new. eligible for free or discounted lunch). “We are providing incentives to schools for making Ohio ranks 45th in the nation for its graduation rate improvements. This administration wants to be looser of black males, which stands at 41 percent, 37 percent on the means and tighter on the goals,” Miceli said. “We lower than the graduation rate for Ohio white males. are focusing on low performing schools and drop-out “A child’s education should not depend on his factories. And we are working toward the President’s or her zip code and that is where we are at in Ohio 2020 Goal, which is to have a higher proportion of right now. A child’s education should not depend on college graduates than anywhere else.” their parents’ ability to seek out and put them in good schools – all schools should be good,” said Charles E. “The statistics show that socioeconomic status has a Wilson, associate professor of law and member of the Worthington City School District Board of Education. huge impact on academic success and that children Every three years the Program on International from poor backgrounds do better when placed with Student Assessment (PISA) evaluates the reading, mathematics, and scientific literacy of 15-year-old middle class children.” students in more than 60 countries. The only area where Professor Ruth Colker American students placed well was in a measurement of their self-confidence in their academic skills. The 2009 results showed the skills themselves, however, to be stagnant and average at best. In reading, American Segregation students showed no improvement since 2000 and placed While dreams of integrated schools filled the air after the 14th among nations. Math abilities measured the same Brown decision and decades of civil rights victories, the as in 2003 (but up from 2006) and place America 25th reality is still one of black and white students attending overall. Science scores in 2009 improved the United separate schools in most states. According to a 2003 States from below average to average, placing 17th study, black students were more segregated from their overall. white peers in 2001 than in any time since the late 1960s. One issue in determining “success” is that NCLB According to The Ohio State University Kirwan Institute allowed states to set their own standards, and, therefore, for the Study of Race and Ethnicity, the number of proficiency in Ohio was not measured the same as nearly all-minority schools (defined as a school where proficiency in California. The Obama administration fewer than 5 percent of students are white) doubled from has attempted to encourage states to adopt voluntary, 1993 to 2006. common standards and currently just over three-fourths The Supreme Court has slowly chipped away at plans of all U.S. public school students reside in states with the of integration and busing and in 2007 determined race new higher common, college-ready standards. itself could not be the determining factor in school “That is an absolute game-changer in a system assignment. which, until now, set 50 different goalposts for success- -and actually encouraged states to dummy-down their academic standards,” Miceli said. “For the first time, children in Mississippi and children in Massachusetts

26 | Moritz College of Law SPRING 2011 | 27 Poverty that we will not make excuses as to why these children Low-performing schools often have a much higher rate are not learning, regardless of what they are facing in Networking, Passion Pay Off for Julie Miceli ’04 of high-poverty students. A study commissioned by the their lives,” Wintermantel said. “All children should U.S. Department of Education analyzing the 2009 PISA have the opportunity to receive an excellent education results showed that socioeconomically disadvantaged no matter what. The education community is limited American students were at much higher risk for in how it can influence a child’s environment outside poor academic achievement than socioeconomically of school, but we cannot use poverty as an excuse. We disadvantaged students in other countries. need to do whatever it takes to educate all children, Analysis conducted by the Kirwan Institute shows whether it’s extending the school day, staying after school that a schools’ socioeconomic makeup has an even and providing one-on-one tutoring, or overhauling the J greater impact on student performance than does the system. The mindset is simple, but many people do not student family’s socioeconomic or racial status. have it. Kids can succeed no matter where they come “The research does show that it is not just purely from; education is the great equalizer.” resources that improve outcomes,” Colker said. “It is also who is in the classroom as fellow students. If all “The research does show that it is not just purely the students are poor, there are lower results. If there is a mix of socioeconomic backgrounds, there is more resources that improve outcomes. It is also who is in success for everyone. In Boulder, Colo., they recently the classroom as fellow students.” implemented a system where each school must have 20 percent of children enrolled eligible for free or reduced Professor Ruth Colker cost lunch, which is the district average. I think this is a great approach and would replicate it if possible.” In response to the Supreme Court’s decision in Teachers 2007, the Kirwan Institute has also been supportive of There is often a dramatic difference in qualifications assigning students to schools based on socioeconomic between teachers in successful schools and teachers in low status instead of race as a method for achieving performing schools. Strict union contracts often dictate integration and improving schools as a whole. terms for hiring and firing of teachers, and teacher pay “The statistics show that socioeconomic status has and benefits. According to the Education Trust, in high a huge impact on academic success and that children minority schools, almost one in three classes is taught by from poor backgrounds do better when placed with a teacher trained in a different subject area, compared to middle-class children,” Colker said. “It doesn’t mean that one in five classes in low-minority schools. classes of poor children cannot be successful, it means “The lack of great teachers in low-income schools it just is not as likely. In some of the cases of success, is a big part of the problem. In order to change that, the resources being used are extraordinary and cannot be we need to increase teacher salaries, elevate the prestige replicated on a large scale. It seems like it would be less of the profession, and revolutionize teacher training. costly to integrate schools than to start spending $20,000 A great teacher will drive academic achievement while per pupil each year.” developing a culture of excellence, determination, and Others, however, are less enthusiastic about complex teamwork,” said Nikki Baszynski ’13, who taught student assignment plans. in New York City for Teach For America and in a “Poverty is not a reason for low achieving results,” Columbus charter school prior to attending Moritz. Miceli said. “A lot of factors go into making high According to the federal government, by 2015 50 performing students: engaged parents, quality teachers percent of current teachers will retire and need to be and leaders, putting kids’ needs first. The biggest replaced. However, almost 50 percent of new teachers challenge is often getting the adults – teachers, leaders, leave the profession within the first five years. In 1964, and parents – working together.” 50 percent of college-educated women became teachers. Moritz TFA alumni echoed the same sentiment. Today that number is less than 15 percent. “What TFA really instills in its teachers is a mindset “Teachers in Finland almost all come from the top

28 | Moritz College of Law Networking, Passion Pay Off for Julie Miceli ’04

ulie Miceli ’04 knows one thing for sure: play your I was excited about that networking cards right and you just may end up position,” Miceli said. “At the working for the president of the United States. time, everyone was focused Early in her career, Miceli, whose dream was on big law summer jobs, but to work in education law since high school, found I was focused on education herself at a legal conference. At the time, she was working for the Ohio law. During the school year, I JAttorney General’s Office Education Section, and she was happy with worked for the Ohio attorney her job. general and Ohio Department “At the conference, I meet Darcy Kriha, a partner from a Chicago of Education. Most lawyers boutique education law firm, Franczek Radelet. She was exciting, dynamic at the time just fell into and passionate – everything I wanted to be,” Miceli said. “The firm education law, they did not set represented schools from all over the Chicago area – rural, urban, wealthy, out to practice it. Now it is an emerging field and people are focusing poor – on everything from employment issues to contracts, special on it.” education, and student discipline.” Miceli became first interested in education law when a textbook Miceli and Kriha stayed in contact and eventually what seemed like a controversy found its way into her Hudson, Ohio, classroom. minor networking experience turned into a job. “Our previous AP American History textbook did not focus on social “Working at Franczek Radelet was incredible,” Miceli said. “Not a day history, but the AP exam went beyond our founding fathers, it wanted went by that I felt like I didn’t get a win for a kid.” to know what we learned about the contribution of women, minorities, In the midst of working on major labor negotiations for the city of and immigrants – what they did to help make this country what it is,” Chicago, Miceli worked with one of the firm’s founding partners, Charlie Miceli said. “I was a student in the class, so the school’s controversy over Rose. “I just started talking to Charlie and got to know him,” she said. “He which textbook to use directly affected me so I got involved and went to was incredibly devoted to the issues facing public schools in Illinois. While school board meetings. What I saw was that it was the school’s lawyers handling some of the largest assignments for CPS he simultaneously led who stepped in and helped the school reach a solution.” some of the most exciting pro bono education reform projects the state Miceli majored in math education at Ohio University and was the had ever seen.” At the same time, she was excited about the upcoming College of Education senator to student government. She completed 2008 presidential election. “I supported Obama and the campaign her student teaching in Appalachia. headquarters was down the street so it was easy to do some volunteer “There was such a big contrast between the education I received at work. Eventually, I ended up knocking on doors in Iowa and then on Hudson and what I was experiencing in Appalachia. This solidified my Election Day I volunteered to work in Akron on voter protection.” decision to go right to law school,” she said. After the election, it became known that Arne Duncan was the Her favorite class at Moritz was Constitutional Law with Professor candidate for secretary of education and Charlie Rose for general counsel David Goldberger. She also took Torts with Professor Morgan of the department. Rose was confirmed in May and Miceli left Chicago on Shipman, who was her favorite professor. “Professor Shipman found a Friday, drove to Ohio, arrived in D.C. on Sunday, slept on an air mattress out what I was interested in and sent me every article and news item on and started work Monday as the chief of staff and special counsel to the education law he came across,” Miceli said. general counsel, a political appointment. After graduating from Moritz, her first job after law school was with “People think the goal of networking is to collect as many business the Ohio Attorney General’s Office. cards as you can, but it is not. It is about making a connection,” Miceli “I was extremely happy. I focused on higher education policy, K-12 said. “When I met Darcy at the conference, we connected over a shared policy, and prosecuted misconduct cases involving teachers and school passion for education law. The key is to do it honestly and make a real staff,” Miceli said. “The most exciting part of my work was representing connection, not just get a business card.” fiscal emergency commissions for schools. We worked with school In her current position, Miceli handles just about every education law boards that were in the red and labeled in fiscal emergency. I drove to issue imaginable. meetings all over the state to help schools fix some really big problems.” “I am a jack of all trades in this position. I have my hands in And, then there was that fateful legal conference that led to the new everything – as they say – I’m spread a mile wide,” Miceli said. “My job is job in Chicago that led to Washington, DC. to understand and know what is going on across the entire department, be “It is very rewarding to be a political appointee with this able to identify key policy and legal issues wherever they arise, assign work Administration,” Miceli said. “I receive hundreds of e-mails a week that where appropriate, manage staff, and sometimes I get to immerse myself need to be addressed, so on a day-to-day basis, it is often about getting a in some of my own projects.” lot of work done in a short amount of time. The hours are absolutely This job is not Miceli’s first with the U.S. Department of Education. grueling. But every once and a while I find myself in a meeting with In her second year of law school, she interned with the department in the Secretary or the solicitor general about something that could really the summer. improve education for kids in this country, and I think, ‘how did I get “I never thought the career services office quite understood why here?!’ These moments make it all worth it.”

SPRING 2011 | 29 10 percent of their graduating class,” Wilson said. “In more money per student than any other country except America, it is often the bottom third. Being a K-12 Luxembourg. As many states, including Ohio, struggle teacher is low status in America and we need to change with tight budgets over the next several years, education this to attract more qualified teachers. It may sound is likely to see more cuts than increases. odd, but Title VII has really had a huge impact on “The funding is not as big of a problem as the the quality of teachers. Before, many of the best and management of the funding,” Baszynski said. “We brightest women became K-12 teachers. Now these need administrators with strong management skills women go on to other opportunities. We need to be who understand how to allocate resources effectively to attracting the best and brightest, emotionally intelligent, maximize student achievement.” and empathetic to teach and administer our children.” Is Success Possible? “We need administrators with strong The vast array of challenges and the longevity of many management skills who understand how to of these problems leave many wondering if nationwide allocate resources effectively to maximize high-performing schools is an obtainable goal. Across the nation, only 47 percent of black males graduate student achievement.” from high school. However, there are multiple districts Nikki Baszynski ’13 that have recently demonstrated success in teaching

Spending Education: The silver bullet on top of many lists for fixing problems in education is, of course, more money. English-Language Learners “The biggest challenge is that all of our challenges – In 2000, the U.S. Department of Education Office the variance in student preparation, hiring, and retaining of Civil Rights estimated that there are 2.4 million teachers – require additional resources, and in today’s national-origin minority students with limited English economy that is a big hurdle,” Wilson said. language skills that affect their ability to participate In 2004-05, taxpayers spent $536 billion on K-12 effectively in education programs and achieve high education and another $373 billion on higher education. academic standards. Title VI of the Civil Rights Act of According to the U.S. Department of Education, 83 1964 has been interpreted to prohibit denial of equal cents of every dollar spent on K-12 education comes access to education because of a student’s limited from the state or local level (45.6 percent from state proficiency in English. In 1970, the U.S. Supreme funds, 37.1 percent from local funds). The federal Court upheld a Department of Education memorandum government’s share is approximately 8.3 percent, up stating school districts are violating Title VI if they are from 5.7 percent in 1990-91. not taking affirmative steps to rectify the language “Resources are important for every organization,” problem. The Supreme Court held “there is no equality Miceli said. “But we have to work to improve efficiency. of treatment merely by providing students with the There is not a blank check at the federal, state, or local same facilities, textbooks, teachers, and curriculum; for level. High performing schools are often the most students who do not understand English are effectively foreclosed from any meaningful education.” Further efficient and cost-effective, and we are trying to study guidance in 1985 and 1991 stated districts must the methods that are most effective.” provide effective alternative language service programs While districts in the United States often appeal to meet the educational needs of language-minority for more resources when troubling results are released, students. This does not mean, however, that districts according to PISA, the United States currently spends must provide instruction in a student’s native language.

30 | Moritz College of Law In February 2011, Professor Ruth Colker (left) and Susan G. Tobin ’81 discussed the legal duties of schools in providing special education students a quality education and learning environment. The event, titled Special Education and Discrimination, was sponsored by the newly formed Moritz Education Law Society.

high-poverty, often minority students including: Newark average for white males across the country. Public Schools, New Jersey; New York City’s Harlem “My kids were absolutely fantastic and had so much Children’s Zone; Montgomery County Maryland Public academic potential, despite the huge challenges they Schools; Baltimore County Public Schools; and Fort faced in life,” Wintermantel said. “I had a little girl Bend, Texas schools. get beaten up by a gang, and she came to class ready New Jersey is the only state to graduate more than to learn. If kids have the opportunity to get a good 65 percent of black males - a feat many credit to education, they will take that opportunity. All kids have extensive litigation in the state. The Supreme Court of goals and dreams and they want to reach them. Teachers New Jersey has issued more than 20 opinions since 1973 need to show them the way and put them in the right setting.” “All kids have goals and dreams and they The Obama administration has taken a focused want to reach them. Teachers need to show approach to infusing more money and reforms into the education system with programs like Race to the Top, them the way and put them in the right School Improvement Grants, Investing in Innovation, and the Teacher Incentive Fund. setting.” Megan Wintermantel ’12 Charter Schools In isolated pockets in many districts, charter schools focused on school funding. After the case Abbott v. Burke have sprung up in an effort to improve academic success redistributed resources in New Jersey, the notoriously for some students. But, that leaves many wondering poor-performing Newark School District has shown vast about the students left behind in traditional schools. improvements. In 2002, the average graduation rate for “The administration supports high quality schools, white males in the United States was 70 percent, while and that includes high quality charters – but they are the rate for Newark black males stood at 47 percent. not a silver bullet for reform. High quality charters can After several years of substantial increases, by 2008, the help support a complete system, but low performing graduation rate for Newark black males climbed to 75 charters need to turnaround or close,” Miceli said. percent, just three percentile points lower than the then- “There are three keys to a great charter school: strong

SPRING 2011 | 31 accountability, strong leadership, and strong teachers. In 2005, the law firm Sonnenschein Nath & We know the complaints around charters – that they Rosenthal LLP celebrated its 100th anniversary by don’t serve diverse populations, English learners, donating $1 million to start the Legacy Charter School in students with disabilities, and kids with discipline issues. Chicago. And we’ve heard that some charters try to skim the “I view charter schools the same way I view best students. But we have seen remarkable results public schools. If they have good teachers and a good with charters that do take on the most challenging administration, they are often good schools,” Baszynski populations and the toughest problems. Some charters said. “I do not think you can dismiss a school simply across the country are setting the bar in these areas, because of a label. You have to look at the school and making more progress than traditional public schools. see if it is successfully educating children. Charter Other charters are missing the mark. The secretary (of education) is continually challenging the charter school community to get better, to take on the tough issues, and “Charter schools are public schools; they are just be a part of the solution.” operating with fewer restraints and often with Currently 41 states allow charter schools and there are more than 5,000 charter schools nationwide. more accountability.” “The difference between the traditional school and Nikki Baszynski ’13 charter school was night and day,” said Wintermantel, who spent one year teaching in both types of schools. “In the charter school, the principal knew each child schools are public schools; they are just operating with and had a huge presence in the school. The principal fewer restraints and often with more accountability.” support, and the school’s emphasis on preparing every According to a 2009 report by Center for Research student for college, made a huge difference. The culture on Education Outcomes (CREDO) at Stanford of the school, the smaller class sizes, and even just University, 17 percent of charter schools reported having students placed in the right classes allowed for academic gains that were significantly better than students to achieve. I would advocate for charter schools traditional public schools; 46 percent showed no because they have more freedom to use innovative difference from public schools; and 37 percent were strategies that put students’ needs first. Highly significantly worse than their traditional public school successful charter school systems such as KIPP Schools counterparts. have developed strategies that allow low-income students to achieve at high levels.” There are more than 1 million students attending The Future charter schools nationwide and more than 350,000 more students are on waiting lists. Charter schools are As new laws, regulations, and programs are developed, often funded by transferring money from the school’s the promise of more litigation seems inevitable. The home district to the charter school. On average, charter president’s 2012 federal budget called for the expansion schools spend less money per pupil, but also offer of education spending through key administrative fewer services in the areas of disability learning, English programs like Race to the Top, but changes the way language learning, and social services. other programs, including Teach For America, an “Charter schools draw resources away from public independent nonprofit organization, receive government schools,” Colker said. “They do not necessarily have funding. to take everyone who applies and can therefore have “Educational inequity is our generation’s civil rights a somewhat less challenging student population to issue,” Baszynski said. “We work within a system that educate. That then makes the task of the regular public allows disparities in education based on wealth and race. schools even harder because they have fewer resources We have known for a long time it isn’t fair, but we have to educate the most challenging students.” yet to see large-scale substantive change.”

32 | Moritz College of Law Teach AmericaFor Leaves Lasting Impact on Moritz Students

by Barbara Peck

There are currently 16 Moritz students who are alumni of Teach For America (TFA). Ask for a volunteer to talk about their experience and 16 hands shoot up. Ask for a volunteer to opine about education in America, 16 hands shoot up. Ask whether TFA was a life-changing experience, you guessed it, 16 hands in the air.

SPRING 2011 | 33 34 | Moritz College of Law “

Pictured Moritz Teach For America alumni:

(Left to right) Nicole Chamas ’13, Adam Schira ’11, Nikki Baszynski ’13, Christine Frankart ’13, Tony Subketkaew ’13, Ryan Jolley ’13, Megan Wintermantel ’12, Jenna Linder ’11, Alison McKay ’11, Scott Bent ’12, Gretchen Cataline-Walsh ’13, and Ryan Suskey ’13. Not pictured: Alexandra Wolfe ’11, Tegan Kahner ’11, Courter Shimeall ’13, and Kevin Snell ’13.

SPRING 2011 | 35 t is the most significant experience I have English. “He told me he thought the training TFA corps had in my life by a long shot, and it probably members received made them better prepared to teach always will be,” said Adam Schira ’11, who than him. Our training was tailored toward our mission taught 9th grade English at Overbrook High to significantly raise student achievement in a low-income School in Philadelphia as part of TFA. “I will community with a class that is, on average, multiple grade always be involved and be passionate about levels behind. The ongoing support and professional underserved children as a result. After three years, I development TFA provides is also instrumental to our Ineeded to step back, but whether it is on a philanthropic success. We are assigned program directors (PD) who level, volunteer level, or whether I go back to teaching visit our classes frequently, and we are offered multiple full-time at some point, I will always focus on those who opportunities to expand content knowledge. If you need it most.” are having trouble, your PD will visit your class, assess Like most TFA members, Schira’s experience growing up in Toledo was vastly different than most of his “It started out very rough. But once you show students. He attended private high school and then went on to Xavier University in Cincinnati. the kids that you care and that you are genuine, “I saw the TFA recruiting materials and I was sure it the kids come around.” was not for me. But, I was clerking in a law office and an attorney encouraged it,” Schira said. “I wasn’t sure what Adam Schira ’11 I wanted to do after undergrad – maybe law, but I wasn’t sure I wanted to go to law school right away. I wanted to the situation, and provide advice on how to resolve the do something significant in the world – for myself and problem. My friend had nothing like this to help him for people who really needed it.” through his first year.” TFA, an independent nonprofit organization, was In order to teach in TFA, most states require students created in 1991 to target college students just like Schira to obtain certification for the grade levels they will be – overachieving, highly motivated, and ready to make a teaching. Other states or districts require TFA members to difference in the world. The program is designed to be be working toward a master’s degree while teaching as part extremely competitive and prestigious – and it is with only of TFA. 12 percent of its 46,000 applicants accepted. After the five-week summer institute is complete, TFA Once accepted, students are assigned positions based members head to the classroom. on a ranking of choices. Training occurs over the summer “For a first assignment, and partly so I could gauge institute, or “teacher boot camp.” where they were academically, I had my students write a “Training was pretty overwhelming. There were basic personal statement to get into college,” Schira said. structured events from six in the morning until nine at “One of my students wrote about being poor and how his night and then I needed to work on my lesson planning,” mother died at the hands of his father, who was now in jail. Schira said. “It was hard. If you did not come in with a It was a reality check for me. It is hard to discuss grammar sense of humility, you certainly left with one.” when someone is telling you such a powerful story, but we As part of the institute, TFA members often teach ended up connecting. By the end of the year, this student summer school. They are often observed and coached by was one of my best students and I got him tested into the district teachers, team-teach with other TFA members, gifted program despite his emotional issues. and constantly review how the day and lesson plans “It started out very rough. But once you show the worked. kids that you care and that you are genuine, the kids come “My first experience teaching was summer school around,” Schira said. – 33 students who did not want to be there in a non-air- Other TFA members also found the first days in the conditioned building in Philly,” Schira said. classroom overwhelming. TFA has received criticism from mainstream teachers “My first year, I worked at a huge, overcrowded, on its intense, but brief, training program. traditional public school. It was chaotic with little structure, “A friend of mine was a ‘traditional’ teacher in the which made classroom management very difficult,” said Bronx,” said Nikki Baszynski ’13, who taught 6th grade Megan Wintermantel ’12 who taught 7th grade English

36 | Moritz College of Law in the Los Angeles Unified School District. “There was After starting Moritz, Baszynski noticed that many not a lot of support from administration when it came of her same fellow students kept showing up to the to discipline problems or getting children the assistance same events and causes. After talking with them and they needed. I just really had to focus on creating the right connecting the dots, she realized there were a lot of TFA culture in my classroom. TFA instills in you that these are alums at Moritz, all of whom brought the TFA mindset your students and you will do whatever you need to in order and passion with them. In the fall of 2010, Baszynski and to ensure they make significant academic gains and are on her fellow TFA alumni started the Education Law Society the right path.” as a way to channel that energy for current and future The first year of teaching can be difficult for anyone as Moritz students. So far the group has hosted events new teachers test and modify lesson plans and classroom covering vast education law topics ranging from student management strategies. A low performing school with little privacy to special education advocacy. The group also has administrative help and children with social and emotional set up a volunteer program that works at the Columbus needs makes the challenge even more difficult. Collegiate Academy charter school in Columbus. “The first year was incredibly hard. I have never done While the Moritz TFA alumni are busy planning a anything so difficult, even compared to law school,” said variety of careers, most intend on having some hand in Alexandra Wolfe ’11, who taught 8th grade math and education law and policy in the future. algebra in the Rio Grande Valley in Texas. Wintermantel is working at the Children’s Law Center Classroom challenges often called for creativity. of Los Angeles this summer. She hopes to work in “My classroom only had one set of books, and education law upon graduation. “There are so few lawyers that wasn’t even a complete set,” Schira said. “It made who represent students,” she said. “Many lawyers work in homework and assignments challenging, but I just had to special education or represent teachers unions or school be creative and focus on shorter works like poetry, or copy districts, but not many actually represent the traditional pages to send home.” student.” The rural area surrounding Wolfe’s district in Texas, located about four miles from the Mexican border, brought “TFA instills in you that these are your students its own set of problems. “I had students with no electricity who were living in a and you will do whatever you need in order to trailer with 12 relatives, but I did not have lower standards ensure they make significant academic gains and for them,” she said. “In a rural area, it seemed like few students knew much about life outside of the valley, and are on the right path.” certainly couldn’t imagine themselves leaving. When I flew Megan Wintermantel ’12 home to Ohio to visit my parents, they were just fascinated. After that, I was visiting law schools and made it a point to take lots of pictures, get out the maps, and show the Schira is currently clerking in the Franklin County students ‘this is where I was this weekend. I might go to Prosecutor’s Office and he, like other TFA alums, school here’ just to expose them to the outside world.” previously taught for the Law and Leadership Institute. Other TFA members also found that using personal Wolfe has accepted a position at Dykema in the stories and connecting with students during extracurricular Detroit area for the fall of 2011. She is currently activities were key. conducting phone interviews on behalf of TFA, and “I volunteered to coach a start-up girl’s soccer team. On hopes to have some involvement with the newly created the first day, 50 girls showed up, which is more than showed Detroit Public Schools TFA program. up to the first day of football practice, and they were so “There is no silver bullet, no one answer to fixing the excited and determined,” Schira said. “But, then I looked education system, but teachers can make a difference,” around and realized they are wearing jeans and flip-flops Wolfe said. “It is great if there are great parents and the and had never touched a soccer ball in their lives. But, three kids have food to eat, but the biggest difference is often years later, they were city league champions. These girls were the teachers. We need quality teachers with the skills and driven and ready to play and many of them ended up in my ability to teach, who care about the students and are honors English class.” willing to push them.”

SPRING 2011 | 37 “In leadership, creativity is vital. Creativity gives you that little something extra, that spark, a vision that inspires other people to follow your lead. This workshop gave me the opportunity to put aside the rules and the analytical thinking for a few hours and tap into that creative side I had ignored for so long.” Jordan Carr ’10

38 | Moritz College of Law Program on Law and Leadership Workshops Provide Hands-On Leadership Training

In Fourth Year, PLL Continues to Implement Leadership Education Historically Absent from Law Schools

by Rob Phillips Law schools have long trained students to be great lawyers. Those graduates, however, oftentimes enter society and become more than lawyers.

They are leaders in their professions, organizations, clubs, and communities. Moritz graduates are leading in law firms, governments, businesses, and community groups across the country.

SPRING 2011 | 39 Raphael Davis-Williams ’10 asks Students participate in an a question to Bill Ruckelshaus, interactive workshop to hone former Director of EPA and leadership skills. Deputy U.S. Attorney General.

While business schools started others to use their legal education to full-day sessions are designed to assist implementing leadership training and serve in leadership positions. Moritz students in developing their education decades ago, law schools “Law schools traditionally have leadership skills outside the traditional have historically failed to focus on the been very good at teaching – in our curriculum, and they give students cultivation of such leadership skills. view – the importance of character and the opportunity to test leadership The Ohio State University Moritz ethics,” said Professor Garry Jenkins, techniques in low-risk, non-judgmental College of Law emerged on the cutting a co-director of the Program on Law environments. edge of leadership education in 2006 and Leadership. “However, leadership, Over the past three years, the when it introduced a leadership course organizational awareness, and judgment program has hosted two to three in the curriculum and in 2007 when are just as important to professional workshops annually that are open to it launched the Program on Law and success.” all Moritz students. Leadership training Leadership. The program combines The Program on Law and experts from across the country have a variety of courses, activities, and Leadership teaches this training traveled to the College to provide workshops designed to provide Moritz through its speaker series, courses, and opportunities typically offered to students with the theoretical knowledge, mentorship opportunities, but one senior and up-and-coming corporate practice, and applied skills necessary to particularly unusual opportunity offered executives. lead effectively. The program also seeks through the program is the Leadership “We have brought in world-class to serve as a catalyst for students and Skills Workshops. These half- and consultants,” Jenkins said. “These are

40 | Moritz College of Law Moritz students listen to a Dennis Perkins, an international presenter at one of the program’s leadership consultant and former several Speakers Series events. Yale University professor, interacts with students at the Barrister Club.

firms that normally work with clients Jen Su, both managing partners and as display the benefits of an effective that include General Electric, Pfizer, co-founders of the firm, designed network. Nationwide Insurance, the World Bank, a program in consultation with “At Moritz, we understand that the the federal government, and others. The Professor Jenkins specifically for Moritz majority of the students are relatively fact that they are coming and providing students. Students engage in interactive early in their careers and may not have the same training to our students is a simulations designed to expose good had the feedback that they will have terrific and unique opportunity. Moritz and bad leadership techniques as well received if they were later in their students are benefiting from the same careers,” Maignan Wilkins said. “They programming for which companies are “While these students have not had the opportunity to practice paying several thousands of dollars.” what they have learned in class in For instance, Isis Associates, may not be leading real-life situations. This allows them to a Washington, D.C.-based firm the firm in that first practice in a laboratory, if you will.” specializing in executive training and The success of the Isis Associates coaching, has presented a day-long year, there are plenty of program has shown. Each year, students session at Moritz since 2006. The opportunities to exhibit are surveyed following the session and workshop is a part of Jenkins’ Lawyers responses are overwhelmingly positive. as Leaders course. some of that leadership “We spend an enormous amount Muriel Maignan Wilkins and Amy behavior.” — Muriel Maignan Wilkins of time talking about that first year

SPRING 2011 | 41 “Each of the program’s events allows students to learn from leaders in the community and learn about themselves. The role of a law student becomes overwhelming and repetitive at times; it is refreshing to remember that at the end of the day our goal is not only to be competent lawyers, but leaders in the community and to continue to work toward positive change. The Program on Law and Leadership helps remind students of this ultimate goal and inspires us to keep improving our leadership abilities.”

Alexandra Wolfe ’11

42 | Moritz College of Law out of law school,” Maignan Wilkins “Recruiters are telling Several of the events are also said. “While these students may not be networking opportunities. The leading the firm in that first year, there law schools that they need program has jointly hosted a few of are plenty of opportunities to exhibit lawyers with analytical the workshops with Ohio State’s John some of that leadership behavior. You Glenn School of Public Affairs, which don’t have to wait to be a leader in title firepower along with allow Moritz students to meet Ohio to begin demonstrating that leadership superior leadership skills State students outside of the law school. potential.” Jenkins said that he and other Other experts have included Sharon and professional judgment program administrators are continually A. Clifford, a private management to serve their clients at the searching for fresh programming for the consultant, who presented a half- highest level.” Leadership Skills Workshops. He has day session on leadership and self- — Professor Garry Jenkins consulted with leading business schools knowledge. Barbara Braham, a certified across the country. executive coach and organizational at nearly all the program’s events, “Recruiters are telling law schools development consultant, facilitated a particularly enjoyed a workshop that they need lawyers with analytical program entitled “Leading Up: How to focusing on the connection between firepower along with superior leadership Lead When You’re Not in Charge.” leadership and creativity. “In leadership, skills and professional judgment to “I developed the Leading Up creativity is vital,” Carr said. “Creativity serve their clients at the highest level,” workshop recognizing that students gives you that little something extra, that Jenkins said. “These programs are part need practical, concrete ideas to prepare spark, a vision that inspires other people of the distinctive education available at them for beginning their professional to follow your lead. This workshop gave Moritz. With the Program on Law and careers, regardless of whether they me the opportunity to put aside the Leadership, we are focused on providing choose to work in a law firm or the rules and the analytical thinking for a resources to support students’ lifelong public or private sector,” Braham said. few hours and tap into that creative side success as principled leaders in law, Jordan Carr ’10, who was a fixture I had ignored for so long.” business, public service, and society.”

Workshop Series

Communicating with Impact; facilitated by Muriel Maignan Facilitating Group Decision-Making; facilitated by Professor Sarah Rudolph Cole, Wilkins and Amy Jen Su, Isis Associates Squire, Sanders & Dempsey Designated Professor of Law; Director, Program on Students at this highly engaging and interactive workshop Dispute Resolution learned how to develop their “signature voice,” often described This workshop focused on facilitating group decision-making and running an effective as the ability to be both authentic and powerfully connect with meeting. Facilitation is a process by which a person acceptable to all members of a group, others. who is neutral and has no decision-making authority, intervenes to help a group improve the way it identifies and solves problems, and makes decisions. Cultivating Creativity: A Leadership Workshop; facilitated by Beth Flynn, The Ohio State University Leadership Center Leadership and Self-Knowledge: Know Thyself; facilitated by Sharon Clifford, PhD. This interactive workshop provided students with hands-on Students learned that self-knowledge is strongly related to success in life and work. In one activities designed to: rediscover their creative abilities; identify study, the best predictor of a high-performance appraisal was seeing yourself as others what “climate” is best for their creativity; discover their creative see you; the best predictor of a low one was overrating your skills. strengths; and expand their creative capacities. Leadership Capacities for the 21st Century; facilitated by Jeff King, The Ohio State University Leadership Center Effective Communication: How to Ensure Your Message is Heard; facilitated by Devora Zack, Only Connect Consulting This workshop provided opportunities to explore the capacities needed for emerging age leaders. Emerging age leadership focuses on strengthening organizations and communities This interactive program focused on skills that all great leaders through the personal transformation of leaders, which is key as today’s organizations and need: effective communication to best present yourself to communities are struggling to address new societal changes that require new modes of others, and the ability to develop connections. leadership. EQ: Tapping into your Greater Leadership Potential; facilitated by Leading Up: How to Lead When You’re Not in Charge; facilitated The Ohio State University Leadership Center by Barbara Braham, Ph.D., executive coach Students at this workshop received an in-depth understanding This workshop helped address a struggle most new lawyers face: as a new employee of emotional intelligence (EQ), which is concerned with who may not be at the top of the ladder, how do you influence change and institute new understanding oneself and others, relating to people, and projects? How do you engage people and lead a team? Using interactive activities and adapting to and coping with the immediate surroundings to be team exercises, this workshop prepared students for real-world situations. more successful in dealing with environmental demands.

SPRING 2011 | 43 The most cited journal in the field of alternative dispute resolution

The Ohio State Journal on Dispute Resolution

Celebrates 25th Anniversary By R ob Phillips

When Marcia Egbert ’85 and James Demetry ’85 began tip-toeing through the steps necessary to create a second academic journal at The Ohio State University Moritz College of Law in 1984, they knew it would be a considerable amount of work.

In hindsight, both admitted they could not have fathomed how much work it actually took to launch the Ohio State Journal on Dispute Resolution.

As the journal was taking shape, Egbert and During the 1983-84 school year, a group of Demetry simply wished it would become a viable students began researching what it would take to and successful academic publication. start a second journal at the College. Since the This school year, the journal’s 25th anniversary, Ohio State Law Journal was founded in 1935, it neither Egbert nor Demetry could have fathomed had remained the College’s sole journal. the publication’s incredible success. “It was a very good experience,” said In its first 25 years, OSJDR has expanded Demetry, now chief of staff of Manheim, the from two issues to four, nearly tripled its staff, world’s largest vehicle auction company. “It was become the official journal of the American people coming together saying they wanted to Bar Association Section on Dispute Resolution, accomplish something and then all of us coming garnered numerous awards, helped catapult the together and making it happen. Going through College’s dispute resolution program to prestige, something like that allowed me and taught countless lessons to countless Moritz to learn many lessons that graduates. have served me well in “We all had a great respect for the law review, my career.” but we really felt that the school would benefit from having more than one journal,” said Egbert, who along with Demetry were the two founding editors-in-chief of the OSJDR. “We had a very activist class and there was a group of us who decided to try and make it happen.” Celebrates 25th Anniversary

“It was people coming together saying they wanted to accomplish something and then all of us coming together and making it happen.”

James Demetry ’85

SPRING 2011 | 45 Both Egbert and Demetry said they vividly remember that then-Dean James E. Meeks, now an “We wanted to find a topic emeritus professor of law at the College, was both supportive and demanding when they approached that would be a little him about starting a new journal. “I don’t know if he different, one in which we thought that we were crazy, but he was so respectful and so open,” said Egbert, who is the senior program officer could fairly quickly carve for human services at the George Gund Foundation in Cleveland. “He put up some very understandable out a space for ourselves.” hurdles for us to clear. He and the other administrators had to know that we were serious. I remember coming James Demetry ’85 out of the first conversation with him and thinking ‘wow, he had really taken us seriously. He really treated us like grown ups.’” Egbert, Demetry, and a growing group of classmates “I told them that I thought it was a fantastic idea,” began exploring the seemingly endless topics on which Rogers said. “There were many interesting legal questions the journal could focus. The journal organizers were related to the field at that time.” primarily interested in finding a niche journal that would The journal’s founding editors said that the decision specialize in a particular area of law. to pursue dispute resolution was paramount to the “We started looking around to other law schools journal’s success. “It became such a great journal topic to see what their secondary law journals were doing,” because it allowed Ohio State to carve out that space that Demetry said. “We wanted to find a topic that would wasn’t already occupied by anyone else,” Demetry said. be a little different, one in which we could fairly quickly “We were able to make a name for the journal.” carve out a space for ourselves.” Dean Meeks also – in an effort to gauge the students’ Dispute resolution, which was a legal area that commitment to the endeavor – required that the staff was in its infancy on many levels at the time, arose in raise at least a portion of the money necessary to print discussions thanks in part to the College’s professors the journal in its first year. Potential staff members began who were focusing their legal research in the area. soliciting professionals around Columbus and the state Professor Nancy Rogers, one of the original advisors for funds to cover the cost of printing the first journal. to the journal and again an advisor today, said that she They looked for organizations and foundations that they remembered students approaching Professor Charles felt would benefit from research in alternative dispute Wilson and her about starting a journal covering the resolution. The College’s faculty helped put students in emerging area of dispute resolution. contact with people and groups from around the country

46 | Moritz College of Law (left) Original editorial staff of the OSJDR journal; (below) James Demetry and Marcia Egbert, first editors-in- chief; (right) 2010-11 OSJDR editorial staff

that also assisted. In all, students raised more than $10,000. But the solicitations didn’t stop with raising funds. The JDR Editors-in-Chief organizers also needed a staff, scholarly article submissions, and a 1985 - 2012 printer. Eventually a core group of editors were selected, and the group 1985-86 -- James A. Demetry and chose to host a summer writing competition similar to that of the Marcia A. Egbert Ohio State Law Journal. 1986-87 -- Anastasia N. Markakis “We had to pitch to students just as much as we had to pitch 1987-88 -- Jeffrey J. Helmick to administration,” Egbert said. “I remember some students who 1988-89 -- Perry Sekus wanted us to prove that it was serious. They didn’t want to be part 1989-90 -- John W. Hopper of something that wasn’t going to be high quality. We seemed to 1990-91 -- Thomas F. Bedsole show them that we were serious.” 1991-92 -- Brian A. Billett The College’s newest journal received more applications than the 1992-93 -- Lisa Wright editors expected, and they were forced to turn some students away. 1993-94 -- Yvonne S. Schlosberg The journal’s 1984-85 staff was comprised of 28 students. The 1994-95 -- Babak Samini 2010-11 staff includes about 70. 1995-96 -- Karen E. (Frees) Race The first issue published submissions from a U.S. District 1996-97 -- Matt A. Mayer Court judge, a director of the American Bar Association’s Special 1997-98 -- Joshua J. Morrow Committee on Dispute Resolution, the president for the Center 1998-99 -- Sharon L. Flower of Public Resources, and partners focusing on alternative dispute 1999-00 -- Colleen A. Libbey resolution from law firms across the country. As a testament to the 2000-01 -- Karyn A. Doi versatility of a journal focused on alternative dispute resolution, 2001-02 -- Melissa H. Shirey articles and commentaries focused – as they continued to for the 2002-03 -- Julie M. (Folger) Woolley next 25 years – on how the dispute resolution techniques could be 2003-04 -- Michael M. Beckwith applied across differing legal fields. In the first issue, submissions 2004-05 -- Brandon J. Lester covered everything from environmental disputes to mediation in special education. 2005-06 -- Amber L. Merl “Students and faculty not only had to sell authors on writing for 2006-07 -- Larysa Simms the journal, but also had to supply the bait – how they could focus 2007-08 -- Erik Stock on an innovative topic that brought together ADR and their fields,” 2008-09 -- Kevin Mahoney Rogers said. 2009-10 -- Kevin D. Oles With each passing publication, the journal gained increased 2010-11 -- Rachel F. Wenning respect. Before long, article submissions began to arrive unsolicited 2011-12 -- Maureen Fulton

SPRING 2011 | 47 Wenning Leads Journal on Dispute Resolution in 2010-11

achel Wenning ’11, the 2010-11 editor-in-chief Rof the Ohio State Journal on Dispute Resolution, respects and appreciates the 25 years worth of work that made the journal the high caliber publication it is today. However, don’t tell her there’s no room for improvement. “It’s not perfect. There’s definitely still ways that we can make the journal better,” Wenning said. “There is a sense of responsibility that we have to uphold as a part of this journal. Staffs over the past 25 years have really set the bar high for us. We would like to achieve as much as they achieved as well as make our own impact.” A Dayton, Ohio, native, Wenning has a handful of specific improvements she set forth during her yearlong tenure. One such goal was to improve the Mayhew-Hite Report on Dispute Resolution and the Courts, which is the journal’s quarterly newsletter designed to update its readers on alternative dispute resolution developments across the nation. “The Mayhew-Hite Report is a good gateway between the journal and practitioners,” she said. “It puts the journal out there in another way that displays what we do and provide for the practice.” A spring symposium was just held regarding the intersection of alternative dispute resolution and election law. The choice was a good one because of Moritz’s strong programs in both disciplines, she said. Wenning received a bachelor’s degree in philosophy from The Ohio State University and then worked for three years before heading to Moritz. “I’ve been thinking about going to law school since I was about 14,” she said. “I wanted to come to law school because I knew that it would be very challenging, and I haven’t been disappointed. My journal experience so far has been similarly challenging but also very rewarding.” She has externed for Judge John D. Holschuh of the U.S. District Court for the Southern District of Ohio. Wenning plans to pursue a career specializing in tax law upon graduation.

48 | Moritz College of Law to the journal office. “The fastidiousness of the editing “My volume was probably the first to actually process is very trying and very uniting. receive some unsolicited submissions without a whole lot of effort on our part,” said John W. We all formed a camaraderie that we Hopper ’90, 1989-90 editor-in-chief. The journal wouldn’t have had if we weren’t now receives about 500 annually unsolicited submissions from experts around the world. involved.” Hopper, now a partner at Silverstone Advisors Karen (Frees) Race ’96 in Cincinnati, recalled sharing a work space with the Ohio State Law Journal that was between the two host the annual Schwartz Lecture in Dispute Resolution. journals’ offices. Whichever journal was busier at Julie (Folger) Woolley ’03 was the first editor-in- the time would have access to the middle space. chief of OSJDR to graduate with a certificate in dispute The shared work area still has a special meaning to resolution. Woolley complimented how supportive the Hopper. faculty were to the journal. “Professors Cole and Stulberg “That was actually the place where I ended up were the two advisors at the time and they were great spending and getting to know my future wife, who about offering insight on the articles. They would stop by was working on the law journal at the time,” he said. the office and make sure everything was all right. I can’t “That’s where I asked her out on our first date.” forget how much of an advocate then-Dean Rogers was.” Hopper and Diane Boniface Hopper ’90 are still That teamwork has paid off. Over the past 25 happily married and living in Cincinnati. years, OSJDR has garnered 20 awards for student or The OSJDR was one of two journals nationally professional articles printed in the journal from the dedicated to the field at its inception. There prestigious International Institute for Conflict Prevention currently are about half a dozen journals following & Resolution. Amber Lea Merl ’06 said that the the topic. However, in 1994, OSJDR became the journal’s success could also be attributed to its work official journal of the American Bar Association’s environment. Section on Dispute Resolution and for a time each “When we would get to the end of the work phase issue was distributed to the section’s members. and almost to the reward … people were really having “The really big thing for me is the camaraderie a lot of fun,” said Merl, who is now an associate at that you experience with other students working in Jones Day in Columbus. “We worked hard and were those close quarters,” said Karen (Frees) Race ’96, excited and passionate about what we were doing. People who was the 1995-96 editor-in-chief, and is now thought that what they contributed to the journal made a semi-retired from The Ohio State University. “The difference and that made it a really great place to work.” fastidiousness of the editing process is very trying Rogers said that each of the journal’s past staff and very uniting. We all formed a camaraderie that members should find pleasure in what has become of the we wouldn’t have had if we weren’t involved.” journal. Just as the journal has grown, so has the “If not for the Journal on Dispute Resolution, would this College’s Program on Alternative Dispute field of law have developed as well as it has? I don’t think Resolution. The journal advanced when the it would have. This journal has brought some of the best College began offering a certificate thinkers and scholars together to discuss what should be in alternative dispute resolution, the direction of this new field. Each of the journal’s past and students on the journal members and the College should be immensely proud of also have the opportunity to that success.”

Did you know? The inaugural OSJDR staff loathed the color of the first edition’s cover. Thanks to a printing error, what was intended to be gradient red was actually gradient pink. Hence, the second issue featured a blue cover. SPRING 2011 | 49 Faculty focus Professor Peter Shane

On what the Obama presidency means for the Q&A growth of presidential power In Madison’s Nightmare: Executive Power and the Threat to American Democracy (University of Chicago Press 2009), Professor Peter M. Shane wrote about what he describes as an accelerating trend since 1981 towards “presidentialism.” He observed a steady increase in presidential power since at least the New Deal. But Professor Shane believes that more recent decades have witnessed an exponential growth in executive branch claims of unilateral authority. He says that the administration of George W. Bush seemed to epitomize the trend, making aggressive claims of unilateral authority regarding warrantless wiretapping, the detention and trial of enemy combatants, the capacity to disregard statutory law based on constitutional disagreement, and, in general, the president’s supposed authority to dictate the policies of every office and officer within the federal executive branch. We asked Professor Shane if the Obama administration has continued to accelerate the trajectory of presidential power that he observed in the Reagan through Bush 43 administrations.

Since 2008, Congress has enacted a Are there obvious differences between the Q number of significant programs substantially Bush and Obama administrations in terms of expanding the involvement of the federal Q claiming unilateral executive power? government in various aspects of the private economy – whether to save the car industry, maintain the The Obama administration has staked out two viability of the banking sector, or reform health marked differences with its predecessor in terms of insurance. Is this worrisome for Americans who are general separation of powers philosophy. First, in anxious about the scope of executive power? asserting powers of presidential initiative, the Obama administration strongly prefers legal justifications that Statutory programs like TARP, which started under the rest on statutory authority, rather than on claims of Bush administration, or the stimulus activities authorized implicit constitutional power. The administration is by the American Recovery and Reinvestment Act of thus slower to stake out claims that presidential action 2009, do expand the powers of the executive branch. is beyond the scope of congressional regulation or These additional powers, however, go no further than judicial review. Second, unlike the Bush administration, the terms of the statutes that grant them. Congress may the Obama administration most often treats the rule amend those powers or repeal them, and keep executive of law not as an impediment to defeating terrorism, branch implementation of the relevant statutes under but rather as a critical tool of American policy. These systematic oversight. Courts have authority to review how philosophical differences sometimes do and sometimes the executive branch fulfills its statutory functions. So, do not produce actual operational differences between although I know that many Americans worry about the the two administrations. An obvious difference is that scope of government in general, the focus of my own the Obama administration has all but abandoned the concerns is different. I am anxious not so much about practice of writing presidential signing statements that what Congress legally allows the president to do, but assert power to ignore or reshape statutory provisions more about what presidents claim they may do without at odds with the president’s constitutional theories. (or even in spite of) the laws that Congress enacts.

The American people deserve to know what happened and to have an informed “public debate over what should be our surveillance policy going forward. 50 | Moritz College of Law ” Are there similarities between the Bush and Obama administrations that you find Q surprising? The Obama pattern on separation of powers issues has two sides. On one hand, he or his cabinet officers have issued a number of memoranda that purport to put some principled difference between the separation of powers practices of the Obama administration and the practices of his predecessor. making atmosphere that quite foreseeably produces ill- On the other hand, he rarely repudiates the Bush conceived and even unlawful executive branch initiatives. administration’s formal legal arguments. The What government officials want us to believe – what picture that emerges is generally one of somewhat they should want us to believe – is that they are attentive greater presidential restraint, while maintaining the to the legal limits on their authority even when those possibility of asserting unilateral presidential power restraints are vague and they could probably get away with when it would serve what the president regards as an ignoring the law. What we saw between 2001 and 2009 essential practical purpose. was a relentless campaign within the executive branch to Within that framework, I have been most surprised expand presidential power for its own sake. The result by the Obama administration’s apparently limited was an organizational ethos of entitlement that nurtured interest in creating accountability and a clear public abuses from the so-called “torture memos” to the possibly record on abuses under the Foreign Intelligence unlawful surveillance of millions of American citizens. Surveillance Act between 2001 and 2009. I understand, of course, that the U.S. faces determined adversaries and that we do not want to compromise Is the trend towards an ever-more-powerful the lawful acquisition of communications Q presidency likely ever to recede? intelligence that is essential to public safety and I doubt the curve will ever head downward. I would be security. On the other hand, the Bush administration happy, however, and our democracy would be safer, if the advanced dangerous and, in my view, legally baseless trajectory at least slowed down. Amid profound national claims of inherent surveillance authority that quite problems, when the public expects the president to do likely undergirded some significant illegal activity. everything from creating new jobs to stopping leaking oil The American people deserve to know what wells, presidents will be reluctant to concede that they lack happened and to have an informed public debate whatever powers they think they need to serve the public over what should be our surveillance policy going interest. Keeping the president accountable, however, is forward. itself a first-order public need – and one that everyone needs to worry about, even when a president we like is in office. If the Obama administration so frequently operates in ways that resemble the Bush Q Professor Shane came to Ohio State in 2003 from Carnegie administration with respect to presidential Mellon University’s H. John Heinz III School of Public Policy power, what difference does it make that and Management. He is an internationally recognized President Obama articulates a different philosophy scholar in administrative law, with a specialty in separation of presidential power? of powers law, and has co-authored leading casebooks on each subject. He has served on the faculty at the University As I wrote in my book, “presidentialism is a form of Iowa College of Law and was dean at the University of Pittsburgh School of Law. At Ohio State, he holds the Jacob of institutional ambition that feeds on itself.” It E. Davis and Jacob E. Davis II Chair in Law. undermines the rule of law and creates a decision

SPRING 2011 | 51 Career paths Ellen Sheffield ’81

Sheffield ’81 Integrates Law, Language

Alumna Focuses Work on ‘Book Art’

By Molly Gray

s an artist, Ellen Sheffield ’81 deals mostly with been purchased by libraries across the country, including abstract shapes. However, with her law degree the Yale University Library. Ashe seems to have gone a full -- geometrical -- “The book in this society is an iconic object,” Sheffield circle. said. “Everybody wants to write a book, be in a book, or Sheffield entered the Moritz College of Law as publish a book. It is an object of value, and when an artist an art education graduate of Case Western Reserve gets a hold of it and plays with it and uses it to express University and the Cleveland Institute of Art and as a her own aesthetic personal history it becomes something working artist. She graduated law school in 1981 as a totally unexpected.” lawyer practicing mainly intellectual property. In 1990, Although she always maintained an art studio, Sheffield she returned to the arts. She now instructs art courses at began work after graduating from Moritz at the Ohio Kenyon College and maintains her own personal studio. Attorney General’s office doing anti-trust and civil rights “The whole intellectual property and arts-and-law work. In 1984 she opened a solo practice to focus on art movement was really just beginning in 1978,” Sheffield groups’ needs, such as nonprofit legalities, intellectual said, “which is why I went to law school in the first place. property, copyright and trademark. Sheffield provided legal My interests overlapped the two fields.” services to artists through the Ohio Arts Council, which Sheffield grew up in Mount Vernon, Ohio, but has would later fund several of her projects after she closed lived most of her adult life in Gambier, Ohio, where her practice in 1989. Kenyon College is located. She is married with three After leaving her days of litigation behind, Sheffield children, all of whom have graduated or are currently began her career at Kenyon College by operating the attending college. She does occasionally return to college’s art gallery. Sheffield was a curator for the gallery’s Columbus to volunteer with the Wexner Center for exhibits and shows and managed educational programs for the Arts at The Ohio State University, most recently grade-school children. attending the Remix/Mashup Conference 2009. The The gallery job was “a really good combination of the conference was co-sponsored by Moritz’s I/S: A Journal practical work I had been doing as a lawyer … and the of Law and Policy for the Information Society. artistic side,” Sheffield said. Sheffield practices a form of art called “book art,” After eight years of running the gallery, Sheffield or artist books, which is a way of integrating images and worked on the Kenyon Review, a literary journal, and for language to create a form of tangible art that is meant to several creative writing programs before becoming an be explored, Sheffield said. instructor at Kenyon in 2007. As an instructor, she said she “An artist book is simply a book created by an artist has an even better avenue to combine her law degree with that incorporates all of the visual art elements as well as her artistic education. some aspects of the book,” Sheffield said. “So these can Though the main focus of her classes is teaching be very sculptural. They can be very traditional looking students about book art, Sheffield tries to integrate legal on the outside, but when you open them the inside is issues into all of her courses. She talks to her students something very different than what you would think of about anything from copyright and how to run an art as a book with text and illustrations.” business. Sheffield is often commissioned by people who want “Artists in most programs and art schools are not given books for specials occasions or by poets who want to basic business or legal training,” Sheffield said. “I have a bring a visual aspect to their poetry. Her work has also different take on it because of my legal background.”

52 | Moritz College of Law Artists in most programs and art schools “are not given basic business or legal training. I have a different take on it because of my legal background.” Sheffield’s classes include students from many Sheffield said. “I find the combination of disparate different disciplines, ranging from art and photography things leads to some interesting outcomes; there is a to creative writing and math. But this isn’t the first synergy there. If you take a scientist and she works with time that she has reached across programs in a an artist you are going to get a very different product, scholastic environment. While at Moritz, Sheffield same as if you were to combine the approaches of a helped start the Art Law Association, which consisted lawyer and a poet.” of students from different disciplines throughout Sheffield also said that the problem-solving practices Ohio State. and attention to detail that she picked up during law “I had several classmates who wanted to maintain school has aided her in her effort to make art. their previous lives as artists and writers like I did,” “I learned to approach things from a new Sheffield said. “So we formed this group and put on a perspective,” Sheffield said. “As an artist you rely on your one-day conference in our last year of law school.” intuition … on visual signals. But I learned as a lawyer Discussing legal principles in her classes is not your first impression and how you felt about something the only way that Sheffield continues to use her legal didn’t matter, just the facts. You have to be able to cut training. Book art requires an understanding and through the emotional static and analyze situations.” mastery of language and words, and while scouring She said that while artists present a visual argument case studies might have seemed like the last thing and lawyers present a vocal or written argument, it is the an artist would want to do, Sheffield explained that same concept, just using different parts of the brain. learning the language of law helped her to hone in on Sheffield plans to continue teaching and creating art. her language abilities. Her next project goal is to create a service project that “I found a lot of inspiration in property law, will allow at-risk children to use their imagination and particularly the infamous black acre-white acre creativity to simultaneously better their communities. examples that were always used in property law,” Sheffield can be contacted at [email protected].

SPRING 2011 | 53 ALumni Focus William Isaac ’69

William Isaac speaks to a packed Saxbe Auditorium in September. Isaac discussed his new book, Senseless Panic, with Moritz students, faculty, staff, and alumni. He also presented a lunchtime discussion with the College’s Mentoring and More @ Moritz program and guest taught an afternoon course.

Isaac ’69 Named Board Chairman of Fifth Third Bancorp

Alumnus Also Publishes First Book

By Rob Phillips

f there was a memo explaining to William Isaac “I wasn’t writing it for children and they keep ’69 that he could start to slow down a bit at this someone who has me active. I can’t see stage in his career, he never received it. any need to sit back in a I spent their entire life in Isaac, who chaired the Federal Deposit Insurance rocking chair and maybe Corporation during the volatile years of 1981 the banking industry. play two or three games through 1985, was recently named the new chairman The person I had in of tennis a week. That’s of Fifth Third Bancorp’s Board of Directors, mind when I was writing just not me.” published his first book this summer, and continues was a typical member Isaac had done to chair the global financial services group of a of Congress.” consulting work for Fifth leading financial consulting firm. In addition to being Third Bank several times a regular columnist for The American Banker, Forbes William Isaac ’69 over the past eight years. and CNBC, Isaac serves on boards of several other When the company businesses and nonprofit organizations. In addition, decided to separate its chief executive and chairman he has two grown children and two younger ones: roles, it contacted Isaac to provide a list of people who ages 9 and 7. he felt could fill the board chairman role. After a few “I’m at a stage in my life when I wouldn’t do months of searching, Fifth Third returned to Isaac and anything that I didn’t enjoy,” he said. “I want to have asked if he would consider the role. a full and active life as long as I can. I have young “I told them I would be happy to talk about it,” Isaac

54 | Moritz College of Law said. “It ended up working for them and it worked for regulatory counseling, and risk management. Isaac is me. They are a good group of people and they know currently the chairman of global financial services of me.” LECG. The Cincinnati-based bank operates in 12 states In addition to his work at LECG, Isaac also and includes more than 1,309 full-service locations. is also chairman of his family’s various real estate Isaac will chair the 14-person board and he said that development companies. He is also busy with he will travel to Ohio from his Sarasota, Fla., home a number of other boards, organizations, and six or seven times a year for work specific to the new nonprofits. He is a founding member of the position. American Bankers Council. He is on the Board of Isaac’s knowledge of banking regulations Directors for the BankCap Investment Fund, which will obviously pay dividends in the Fifth Third is equity firm that invests in the financial services chairmanship, and it certainly allowed him to publish sector. Until early 2010, when the company was sold, his first book,Senseless Panic: How Washington Failed he was lead director of the MPS Group, a leading America. In the book, Isaac details the federal policies provider of staffing, consulting, and solutions in a and governmental actions that he says almost led to variety of fields. He is on the Board of Directors the shutdown of the world’s financial systems. for The Ohio State University Foundation, Ringling “I was so upset by the way that the government mishandled the situation,” Isaac said. “I was upset enough that it inspired me to sit down and write this How do we account for how this book.” “ Isaac said that, by comparison, the banking and got so far out of control? savings and loan crises of the 1980s were far more tumultuous than the recent situation. “We handled That’s the question that over 3,000 bank and thrift failures in the 1980s, including many of the largest in the country,” Isaac I answer in the book. explained, “without the public losing confidence ”— William Isaac in the system and panicking.” Despite less severe conditions this time around, the volatility and turmoil in the financial markets was much more severe, he College of Art in Sarasota, the Out-of-Door Academy said. in Sarasota, and he served for a number of years on “How do we account for how this got so far out the board of the Miami University Foundation (his of control? That’s the question that I answer in the undergraduate alma mater). book,” he said. Isaac continues to extend his generosity to the The hundreds of articles he has written over the Moritz College of Law as well. He has made a years on the banking industry allowed him to pen a substantial planned gift that will be presented to the book that was not highly technical. “I wasn’t writing Moritz College of Law in the future. He said that gift it for someone who has spent their entire life in the is intended to help “worthy students with financial banking industry,” he said. “The person I had in needs” make their way through law school. mind when I was writing was a typical member of That gift and several others that Isaac has made Congress.” since he graduated from the law school were easy Isaac was called upon by members of Congress, decisions for many reasons, he said. “I had a great the national media, and others, to dissect the 2008 education there,” he explained. “And after my first financial crisis. And through his work with a global year, I was given scholarships and had a free ride the consulting firm, Isaac has continued help financial next two years. I just felt a real strong need and desire services organizations with his insight. to repay the school in some way.” In 1986, Isaac founded the Secura Group, which was acquired by LECG, LLC in 2007. The company consults financial institutions on a variety of issues, including financial advisory, strategic planning,

SPRING 2011 | 55 ALumni Focus Dan Elliott ’89

Elliott ’89 Shifts From Labor Union to Federal Board Alumnus Leads Surface Transportation Initiatives

By Molly Gray

hile growing up in Shaker Heights, Douglas Buttrey stepped down from the board in March 2009. Ohio, Dan Elliott ’89 admittedly didn’t Elliott said that he has two current goals for the STB. First, Wpay much attention to the vast system make the board as transparent as possible; and second, create of trains and railroads that surround the greater more harmony between shippers and railroads throughout the Cleveland area. Today, Elliott can’t stop thinking United States. about those rails – in Cleveland and around the “We have started oral arguments here so that parties can country. come and argue their case in front of the board,” Elliott said, After harvesting a career in the field of which is one step toward a more open agenda. “We are also labor law as associate general council for the re-doing the web site … which will hopefully make the board United Transportation Union (UTU), Elliott was more accessible.” appointed in 2009 as chairman of the Surface Elliott’s second goal requires effort from parties on both Transportation Board (STB) in Washington, D.C. sides of the ball as he tries to “make more opportunities for Both deal extensively with freight railroads. shippers and railroads to come together and talk, whether it’s “I was definitely hoping for a spot on the over cases or otherwise,” he said. “We really want the shippers board,” Elliott said. “You try and present your to feel more comfortable in front of the board, like this is a name in front of the White House and, hopefully, “I think the biggest place where they can come and talk to the chairman of if you are chosen you are nominated and go challenge and through the confirmation process.” the agency.” achievement have been Elliott was nominated on June 20, 2009 by Finding that delicate inter-related. We’ve tried President Barack Obama to not only hold a spot harmony between shippers on the board but to be chairman as well. Elliott to allow the shippers to and railroads has proven to was confirmed by the U.S. Senate later that be more comfortable be Elliott’s greatest challenge summer and was sworn in Aug. 13, 2009. His term before the board and thus far, he said, but it as chairman expires in December 2013. we’ve done that by has proved to be the most The STB is an economic regulatory agency that reaching out to them and rewarding. is charged with resolving freight railroad disputes, meeting with them.” “I think the biggest proposed mergers, line purchases, constructions challenge and achievement Dan Elliott ’89 and abandonments. The majority of its work deals have been inter-related,” with Amtrak, the nation’s intercity rail operator. Elliott said. “We’ve tried to allow the shippers to be more Elliott, a native of Shaker Heights, Ohio, comfortable before the board and we’ve done that by reaching received his law degree from the Moritz College out to them and meeting with them. I’ve really tried to be of Law after receiving an undergraduate degree more engaged with the shippers.” from the University of Michigan, where he studied The board is also trying to rejuvenate the arbitration political science. Elliott had made a career in labor system and mediation groups that are in place to facilitate the law representing the UTU, which is one of the relationship between shipping and transportation companies, unions that the STB works with frequently. such as the Rail Customer and Public Assistance program, Elliott will be eligible for reappointment for a which Elliott says has been successful. second term of up to five years. His current term Elliott’s day-to-day routine includes hearing briefings on is restricted to four years because he was appointed cases and issues that are facing the transportation industry, midway through the previous term. Chairman W. presenting speeches to stakeholders and transportation

56 | Moritz College of Law Elliott ’89 Shifts From Labor Union to Federal Board

groups, and visiting rail yards and large shippers in order to better understand who the agency services and their needs. Elliott’s interest in labor law first started at Moritz when he took a class from Professor Charlie Wilson. “I enjoyed labor law, and Professor Wilson put a little fire in me, a little inspiration,” Elliott said. “So when I saw the union job open up I leapt at it and it led to a career for me.” Prior to joining the union, Elliott worked at firms in both D.C., and Cleveland. Wilson, who is an associate professor at Moritz, remembers Elliott as a “very conscientious and hard working student,” he said. “I am not one bit surprised that he has been highly successful.” Elliott said that his work with the UTU, based in North Olmsted, Ohio, prepared him for the types of cases and work that he sees as chairman on a daily basis. He said that the knowledge base he gained makes him comfortable with the matters that are I was definitely hoping for a brought to the agency. “I had quite a bit of experience “spot on the board. You try and before the board in matters that affected the union,” Elliott said. “But it’s a totally present your name in front of different world. There I was an attorney advocate for the union, more of a litigator, the White House and, hopefully, and here I am more of a judge.” Despite staying busy with the UTU and if you are chosen you are moving back and forth between northern Ohio and D.C., Elliott has managed to keep nominated and go through the in touch with his law school roommates. confirmation process. ”

SPRING 2011 | 57 The Annual Herman Competition tested Moritz students Pictured (top) is 2L Alejandro Abreu receiving the Outstanding Oral appellate advocacy skills during February. The issue in this Advocate award from Ohio Supreme Court Justice Paul E. Pfeifer ’66. year’s case, Alford v. Greene, was: Under what circumstances must police obtain a warrant before interviewing a child The oral advocacy finalists included 2Ls Jaci Wilkening, Olivia Bumb, about abuse allegations without parental permission? Abreu, and John Kalis (pictured bottom left). In addition to Justice Pfeifer, the judging panel also included Justice Yvette McGee Brown ’85, also of the Ohio Supreme Court (pictured bottom right).

58 | Moritz College of Law Alumni News Tell Us What You are Doing — moritzlaw.osu.edu/alumni/notes

Frederick M. Luper ’65 was named in the 2011 CLass Notes: edition of Best Lawyers. Luper is a founding member of Submit news items to: Barbara Peck, Chief Luper Neidenthal & Logan in Columbus. His practice Communications Officer, Moritz College of Law, focuses on alternative dispute resolution, bankruptcy 55 West 12th Ave., Columbus, OH 43210. and reorganization, business litigation, creditors’ rights, collections, and medical malpractice. E-mail notes to [email protected] or fill out an online form at John Wm. Hoppers ’68 has been named Ohio chair moritzlaw.osu.edu/alumni/notes. of the Employer Support of the Guard & Reserve (ESGR), an agency of the U.S. Department of Defense (DOD). ESGR is chartered by DOD to promote good will and resolve issues between employers and 1950s employees who are members of Reserve or National Paul D. Ritter ’56 was named in the 2011 edition Guard units. of Best Lawyers in the area of corporate law and employee benefits law. Ritter is a director at Kegler, Charles J. Kegler ’68 was named in the 2011 edition Brown, Hill and Ritter. of Ohio Super Lawyers. He also was named in the 2011 edition of Best Lawyers in the area of tax law and trusts Lawrence Stotter ’58 is the first recipient of the and estates. Kegler is a director at Kegler, Brown, Hill “Legal Legend” Award established by the Family & Ritter and practices primarily in the areas of business Charles C. Warner ’70 was and tax, mergers and acquisitions, and estate planning. Law Section of the American Bar Association awarded the 2010 Columbus Bar (ABA). Stotter was presented the award at the ABA Service Medal in recognition of his Annual Meeting in San Francisco. Stotter, who is Geoffrey Stern ’68 was named in the 2011 edition now retired, lives in Tiburon, Calif. of Ohio Super Lawyers. He also was named in the long history of distinguished service 2011 edition of Best Lawyers in the area of ethics and to the Columbus Bar Association. professional responsibility law, appellate law, legal Warner, a partner with Porter 1960s malpractice law, and professional malpractice law. Stern John C. McDonald ’61 was is a director at Kegler, Brown, Hill & Ritter and serves Wright, has been committed to the named in the 2011 edition of as the chair of the firm’s professional responsibility Columbus Bar for 40 years, and has Ohio Super Lawyers. He was also practice area. served as president of both the Bar named in the 2011 edition of Best and the Bar Foundation. The Bar Lawyers in the area of bankruptcy John B. Rohyans ’69 was named and creditor-debtor rights law. as a top real estate lawyer in Service Medal is the highest honor McDonald is a partner in the Columbus in the 2011 edition of Best bestowed by the organization. Columbus office of Schottenstein Zox & Dunn. He Lawyers. Rohyans is a partner in the leads the firm’s mediation services and serves as co- Columbus office of Porter Wright coordinator of the firm’s Products Liability Practice Morris & Arthur. Area. of The Ohio State University Moritz College of Law E. James Hopple ’63 was named in the 2011 at the 2010 Hooding Ceremony in May. “It is hard to edition of Best Lawyers in the area of bankruptcy 1970s fathom that 38 years have passed since I received my and creditor-debtor rights law. Hopple is a partner at Clifford E. Haines ’70, president of the Philadelphia own hood,” James Schottenstein said, “and as I sat in Schottenstein, Zox, & Dunn Co., LPA. law firm of Haines & Associates, became immediate the audience I had a strong sense of déjà vu.” past president of the Pennsylvania Bar Association at S. Michael Miller ’63 was named in the 2011 edition the conclusion of the organization’s Annual Meeting in Stephen J. Smith, Sr. ’71 was named in the 2011 edition of Best Lawyers in the area of non-white-collar May 2010 in Hershey. of Best Lawyers in the area of bankruptcy and creditor- criminal defense and white-collar criminal defense. debtor rights law. Smith is a partner at Schottenstein, Miller is of counsel at Kegler, Brown, Hill and Ritter. Jack Palumbo ’70 was elected Zox, & Dunn Co., LPA. partner in the Cleveland office of Robert P. Bartlett, Jr. ’63 was named in the 2011 Tucker Ellis & West. Palumbo’s Bruce E. Cryder ’72 was named the edition of Ohio Super Lawyers. Bartlett is a trial practice primarily focuses on Lexington, Ky., National Resources lawyer and chief First Amendment counsel for business, insurance, directors’ and Lawyer of the Year for 2011 by Best the Dayton Daily News. He has represented the officers’ liability, mass tort litigation, Lawyers. Cryder is a member in the Springfield News-Sun and WHIO TV-7. Bartlett is and products liability. Lexington office of Greenebaum also a frequent lecturer and panelist for seminars Doll & McDonald PLLC, and is a conducted by the Ohio State Bar Association Media Jay R. Dingledy ’71 was named in the 2011 edition of member of the firm’s Environment, Law Committee, the Ohio State Bar Association Best Lawyers in the area of corporate law. Dingledy is a Energy and Natural Resources Practice Group. His Local Government Affairs Committee, and other partner at Schottenstein, Zox, & Dunn Co., LPA. practice focuses on mineral, energy and natural organizations. resources law, with a particular emphasis on the coal James M. Schottenstein ’71 was proud to welcome industry. his daughter, Irene A. Schottenstein ’10, as an alumna

SPRING 2011 | 59 Alumni News Tell Us What You are Doing — moritzlaw.osu.edu/alumni/notes

David A. Gradwohl ’72 co-authored a law focus on business litigation, was one of the founders Michael E. Zatezalo ’75 was named in the 2011 review article titled “Equity Receiverships for of Faruki Ireland & Cox in Dayton, Ohio, in 1989 edition of Ohio Super Lawyers. He also was named in Ponzi Schemes,” which was published in the Seton and a past president of the Dayton Bar Association. the 2011 edition of Best Lawyers in the area of gaming Hall Legislative Journal. The article explains the Faruki is also the new chair of the Supreme Court of law and real estate law. Zatezalo is the managing complicated steps that victims of Ponzi schemes Ohio’s Commission on Continuing Legal Education. director of Kegler, Brown, Hill & Ritter. must take in order to maximize recovery of their He is the immediate past chair of the Ohio State Bar investments. Gradwohl is a partner in the Blue Bell, Association’s Federal Courts and Practice Committee, Ronald McCracken ’76 was inducted into the Penn., office of Fox Rothschild. and serves as chair of the governing council of its Environmental Industries Association (EIA) Hall Antitrust Law Section. of Fame and honored with a Lifetime Achievement William M. Owens ’72 was elected to serve a Award. EIA is the nonprofit trade association that three-year term as District 9 representative on Stephen C. Fitch ’73 was named chair of the represents for-profit companies in the waste service the Board of Governors of the Ohio State Bar American College of Trial Lawyers Legal Ethics and and equipment industry throughout the United Association. Owens is a partner in the Coshocton, Professionalism Committee. Fitch is a partner in the States. McCracken is president and founder of RJM Ohio, law firm of Owens & Manning. He practices Columbus office of Chester, Willcox & Saxbe, where Associates in Easley, S.C. mainly domestic, criminal, real estate, and probate he concentrates his practice in all aspects of civil trial law matters. Owens and his wife, Carol, reside in and appellate litigation, alternative dispute resolution, Allen J. Reis ’76 was recently West Lafayette, Ohio. and professional responsibility. named as an Ohio Super Lawyer in the bankruptcy and creditor/ Charles J. Faruki ’74 was named in the 2011 edition Frank A. Ray ’73 was named the Columbus, Ohio, debtor rights practice area in of Ohio Super Lawyers. Faruki, a trial lawyer with a Professional Malpractice Lawyer of the Year for the June/July Super Lawyers – 2011 by Best Lawyers. Ray was also named in the Corporate Counsel Edition. Reis 2011 edition of Best Lawyers in the areas of bet-the- is the managing partner of the Columbus offices of company litigation, commercial litigation, personal Weltman, Weinberg and Reis Co., LPA, based in their injury litigation, and professional malpractice law. Ray, Grove City office. This is the third year that Reis has a partner at Chester Willcox & Saxbe LLP, concentrates been named a top lawyer. his practice in civil trial and appellate litigation and mediator of civil disputes. He also has been an adjunct Andrew J. Sonderman ’76 recently joined the professor at Moritz since 2003. firm Kegler, Brown, Hill & Ritter as of counsel. Sonderman brings to the firm nearly 30 years of James D. Sillery ’73 was elected to experience representing public utility companies in serve a three-year term as District civil litigation and in state public utility commission 17 representative on the Board of proceedings. Governors of the Ohio State Bar Association. Sillery is a partner in Roger T. Whitaker ’76 was named in the 2011 the Athens firm of Mollica, Gall, edition of Best Lawyers. Whitaker is a shareholder of Sloan & Sillery Co., LPA. His area of practice is civil the Columbus firm of Luper Neidenthal & Logan. litigation and mediation. He and his wife, Debby, reside His practice includes business organization, estate in Athens. planning, probate and taxation.

William B. Logan, Jr. ’74 was named in the 2011 edition Kevin McDermott ’77 was named of Best Lawyers in America. Logan is a shareholder of in the 2011 edition of Ohio Super the Columbus firm of Luper Neidenthal & Logan. Lawyers. He was also named in the Stephen E. Chappelear ’77, His practice focuses on alternative dispute resolution, 2011 edition of Best Lawyers in the partner-in-charge of the Columbus bankruptcy and reorganization, business litigation, area of bankruptcy and creditor- office of Hahn Loeser & Parks creditors’ rights, collections, and medical malpractice. debtor rights law. McDermott is a partner in the Columbus office of SchottensteinZ ox LLP, was recently named chair of Frederick S. (“Fritz”) Coombs III ’75 was named the Trial Techniques Committee in the 2011 edition of Ohio Super Lawyers in the field of the American Bar Association of bankruptcy/creditors’ rights, as well as being Tort Trial and Insurance Practice named a Leading Lawyer in the November/December 2010 edition of Inside Business magazine. He chairs Section. Chappelear focuses his the creditors’ rights practice of Harrington Hoppe & 2011 Reunion Weekend practice in the areas of business and Mitchell, Ltd. in Youngstown. complex litigation, construction Sept. 9-10, 2011 law, patent and trademark litigation, D. Michael Miller ’75 was named senior vice president, For classes of 1961, 1966, 1971, 1976, 1981, general counsel, and secretary at American Electric employment litigation, probate 1986, 1991, 1996, 2001, 2006 Power effective July 1. Miller will have responsibility litigation, dispute resolution and for all corporate legal affairs and supervision of AEP’s Learn more at appeals. He and his wife, Sharon, Legal Department. live in Pataskala, Ohio. moritzlaw.osu.edu/reunions

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Schottenstein Zox & Dunn. He is the firm’s co-leader James Davidson ’80 was named of the Corporate Practice Group and is a member of in the 2011 edition of Ohio Super the firm’s Management Committee. Lawyers. He also was named in the 2011 edition of Best Lawyers in K. Stuart Goldberg ’78 was certified as a residential the area of commercial litigation mortgage foreclosure mediator for the state of Florida. and labor and employment law. He is a shareholder with Boyd and Jenerette in Ft. Davidson is partner and president at Schottenstein Zox Lauderdale. & Dunn in Columbus. He also is coordinator of the firm’s Employment Litigation Practice Area. Larry R. Rothenberg ’78 was named in the 2011 edition of Ohio Super Lawyers. Rothenberg is a partner at Joseph Pappalardo ’80 was re- Weltman, Weinberg & Reis in Cleveland. Rothenberg is elected to the Board of Directors partner in charge of the firm’s Real Estate Default Unit. of the Trucking Industry Defense Association (TIDA). A member Steve Schumaker ’78 was appointed Ohio’s deputy of TIDA’s Board of Directors attorney general for law enforcement. Schumaker was since 2004, Pappalardo also previously the Clark County, Ohio, prosecutor. serves as general counsel and attends to contractual, insurance, liability, and other legal issues which may Thomas J. Sigmund ’78 was named in the 2011 be encountered by TIDA. Founded in 1993, TIDA has edition of Ohio Super Lawyers. He was also named in become the organization of choice for more than 1,700 the 2011 edition of Best Lawyers in the area of employee motor carriers, trucking insurers, defense attorneys, and Tom Sykes ’79 recently joined benefits law and trusts and estates. Sigmund is a director claims servicing companies. Pappalardo is a partner of Greenberg Traurig, LLP, as a at Kegler, Brown, Hill & Ritter and currently serves as Gallagher Sharp in Cleveland. chair of the firm’s employee benefits and ERISA area. shareholder in its Chicago office. Roger K. Quillen ’80 has been He has a nationwide practice Michael E. Flowers ’79 has been appointed Columbus re-elected chairman and managing that is focused upon federal tax city executive of Keith B. Key (KBK) Enterprises, a partner of Fisher & Phillips LLP. controversies, including litigation in real estate development firm with work in several cities Quillen has served in the position in Ohio, Pittsburgh, New Orleans, New York City, since 1999 at the Atlanta-based labor all forums. In recent years, Sykes has Chicago, and Washington, D.C. Flowers will lead and and employment law firm. Quillen’s been especially active litigating tax- manage the growth of KBK Enterprises in Columbus practice involves litigation covering a wide range of refund cases addressing whether and surrounding communities. Flowers will also retain employment discrimination issues, employee welfare FICA tax is due upon stipends his title of chief legal officer and the responsibility for benefit plans, the Railway Labor Act, and issues arising paid to medical residents — an the nationwide legal matters of KBK Enterprises. before the National Labor Relations Board and the Equal Employment Opportunity Commission. Quillen issue upon which the IRS recently Judge Peter J. Kontos ’79 was named to the Warren was also named in the 2011 edition of Best Lawyers. surrendered for taxable periods G. Harding High School’s Distinguished Alumni Hall before April 1, 2005. In 2010, of Fame in May. Kontos, who has been a Trumbull David Borer ’81 was recently he was again listed as an Illinois County common pleas court judge since 1997, appointed as the new general counsel practiced in the Trumbull County prosecutor’s office for The American Federation Super Lawyer; he was previously from 1979 to 1997. of Government Employees, the recognized in the Legal500 and country’s largest federal employee Who’s Who in American Law. He Thomas Stickrath ’79 was appointed to head of Ohio’s union. As general counsel, Borer will and Debbie, his spouse of 25 years, Bureau of Criminal Identification and Investigation’s head the union’s legal programs, providing strategic and reside in Lake Forest, Ill., with their crime lab. Stickrath had previously been Ohio’s public policy advice to the elected leaders of the union. safety director. daughter, Caroline, who left the James P. Botti ’82 has been nest last fall. recognized by Chambers USA 2010 as one of the leading lawyers in 1980s Ohio in the area of bankruptcy/ & Dunn. He serves as co-coordinator of the firm’s Luis M. Alcalde ’80 recently joined the firm Kegler, restructuring. He was also named a Private Securities Litigation Practice Area. Brown, Hill & Ritter as of counsel. Alcalde brings to top banking lawyer in Columbus in the firm more than 30 years of expertise in business, the 2011 edition of Best Lawyers. Botti has spent nearly Richard A. Barnhart ’78 was litigation, and international law. Alcalde previously his entire 28-year career representing banks and other named in the 2011 edition of served several years in supervisory and litigation roles financial institutions in negotiating and documenting Ohio Super Lawyers. He also for the Ohio Attorney General’s Office as well as 20 complex commercial loan transactions and in handling was named in the 2011 edition years with Crabbe Brown & James LLP, where he was troubled loan or “workout” situations both inside of Best Lawyers in the area of a partner. and outside of bankruptcy. Botti is a partner in the banking law and corporate law. Columbus office of Porter Wright Morris & Arthur Barnhart is a partner in the Columbus office of LLP.

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Donald W. Gregory ’82 was Douglas Morgan ’82 in June received the Columbus member of the Senior Faculty at Keller Graduate named in the 2011 edition of Ohio Bar Association’s Community Service Award. The School of Management at DeVry University. During Super Lawyers. He was named in award was presented in recognition of his contribution 2009-10, Weiss served as president of the board of the 2011 edition of Best Lawyers of time and effort in service to the Central Ohio directors of the Jazz Arts Group. in the area of construction law. community and to the legal profession. Morgan is a He also was named as “Band partner in Hahn Loeser’s Columbus office. David Alan Scott ’87 was elected 2” by Chambers. Gregory is a director at Kegler, vice president of the national Sierra Brown, Hill & Ritter and is currently the chair of S. Martijn Steger ’83 was named in the 2011 edition Club in May after completing his the firm’s construction, litigation, and mediation of Best Lawyers in the area of corporate law. He also was first year on the board of directors. services practice areas. named in the 2011 edition of Ohio Super Lawyers. Steger His responsibilities include taking is a director at Kegler, Brown, Hill and Ritter. positions on national legislation, guiding the organization’s Climate Recovery Mitchell A. Weisman ’83 was recently named in the Campaigns and policy development. The Sierra 2011 edition of Ohio Super Lawyers. He serves on the Club has over 1.3 million members and supporters International Academy of Trial Lawyers. Weisman and a noted environmental lobbying and litigation works at Weisman, Kennedy and Berris in Cleveland. program.

Brent Titus ’84 was named in the 2011 edition of Matt Shay ’87 was named Best Lawyers in the area of real estate law. Titus is a president and chief executive shareholder at Foster, Swift, Collins & Smith, P.C. officer of the National Retail Federation (NRF). Shay joins Steven Goldfarb ’85 was recently NRF from the International elected as a trustee of the Shaker Franchise Association where he Schools Foundation in Shaker served as president and CEO. The International Heights, Ohio. He and his wife have Franchise Association represents more than 1,300 three children, who all are graduates franchise companies around the world, including a of the Shaker Heights School number of retail firms. District. Goldfarb is a partner in the Cleveland office of Hahn Loeser & Parks LLP, where he is co-chair of Robert G. Cohen ’88 was named in the 2011 edition the firm’s litigation practice. of Ohio Super Lawyers. He also was named in the 2011 edition of Best Lawyers in the area of antitrust law. Martha J. Sweterlitsch ’83 was Kevin Hardman ’85 was named in the 2011 edition Cohen is a director at Kegler, Brown, Hill & Ritter presented the 2010 Outstanding of Best Lawyers in America in the fields of personal and is currently a member of the firm’s trial practice Lawyer Award by the American injury litigation and medical malpractice litigation. He group. was also included in the 2011 edition of Ohio Super Bar Association’s Nonprofit Lawyers. His three-lawyer law firm in Akron, Ohio, was Sarah Mugel ’89 was named vice president and Organizations Committee. The selected by U.S. News & World Report as a Tier 1 firm general counsel of the National Fuel Gas Distribution award is presented annually in the fields of personal injury litigation and medical Corporation. She will continue oversight of the legal for distinguished service by an malpractice law in the recently announced “Best Law affairs of the company’s Utility Segment, Corporate Firms” issue. Human Resources, and the Utility’s Risk Management attorney practicing nonprofit law. departments. Mugel lives in suburban Buffalo, N.Y. Sweterlitsch is currently of counsel Richard Holz ’85 was named in the 2011 edition of at Benesch Friedlander Coplan & Best Lawyers in the area of tax law. Holz is a partner at Timothy T. Tullis ’89 was named in the 2011 edition Aronoff in Columbus, where her Schottenstein, Zox, & Dunn Co., LPA. of Ohio Super Lawyers. He also was named in the 2011 edition of Best Lawyers in the area of commercial practice is focused on nonprofit, Kevin P. Murphy ’85 was elected litigation. Tullis is a director at Kegler, Brown, Hill & administrative, health, state tax, to serve a three-year term as District Ritter focuses his practice on litigation. and federal and state tax exemption 18 representative on the Board law and lobbying. She is currently of Governors of the Ohio State chair of the Ohio Association Bar Association. He is currently a litigation attorney who practices of Nonprofit Organizations, and in the Warren, Ohio, office of Harrington, Hoppe also serves as a trustee for the & Mitchell, Ltd. Murphy and his wife, Karen, reside Like Us? Prove it. Ohio United Way and as legislative in Warren. They have two children: Caitlin, 22, and Patrick, 20. counsel for the Ohio Alliance of Visit the Moritz Facebook page to receive YMCA’s, the Ohio Association Dan Weiss ’85 has served as the executive director periodic alumni news, Moritz news, and other of Child Care Providers, and the and chief investment officer of the Ohio Highway Ohio State events. Association of Ohio Philanthropic Patrol Retirement System, a $700 million pension plan, Homes and Housing for Aging. since the beginning of 2010. He continues to teach “Like us” at facebook.com/osumoritzlaw. accounting, finance, and business law as an adjunct

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the commission in 1995 as an investigative counsel. The Kathleen Johnson Schnipke ’93 was elected chair of Ohio Ethics Commission is an independent agency the Delaware-Morrow Mental Health and Recovery that oversees the Ohio Ethics Law for most state and Services Board for the 2011 fiscal year. Schnipke resides local public officials and employees throughout Ohio. with her family in the Galena, Ohio, area.

Robert Cochran ’91 was named Daniel T. Downey ’94 joined the in the 2011 edition of Ohio Super Columbus office of Weston Hurd Lawyers. Cochran is of counsel in the LLP as a partner. Downey focuses Columbus office of Schottenstein his practice on civil litigation, with Zox & Dunn. Cochran focuses his an emphasis on insurance defense, practice on white-collar criminal political subdivision immunity, and defense, corporate internal investigations, and health civil rights defense. care litigation. Erika L. Haupt ’94 was recently Lark Mallory ’91 was recently elected partner-in-charge of the re-appointed to the Columbus/ Columbus office of Roetzel & Franklin County Affordable Andress. Haupt has been a partner Housing Trust Corporation Board at Roetzel since joining the firm in of Trustees by the Franklin County 2004, and she focuses on wealth Board of Commissioners and the transfer and estate planning matters. Lieutenant Colonel Monica Columbus mayor. Her three-year term will end June 19, 2013. Mallory is an attorney at Chester, Willcox & T. Earl LeVere ’94 was named in the 2011 edition of Gfoeller ’87 concluded her tour Saxbe, where she specializes in representing tax exempt Best Lawyers in the area of bankruptcy and creditor- of duty as the Garrison Command organizations and closely held businesses in all taxation debtor rights law. LeVere is a partner at Schottenstein, Judge Advocate of Victory Base and business transactions. Zox, & Dunn Co., LPA. Complex Garrison in Baghdad, Kimberly Mayhew ’91 was recently named vice Patrick Pauken ’94 has been named vice provost for Iraq. Gfoeller is assigned to the president and trust officer at First Financial Wealth governance and faculty relations at Bowling Green 561st Regional Support Group Resource. Mayhew joins First Financial’s downtown State University in Bowling Green, Ohio. Pauken also from Omaha, Neb., as the unit’s Hamilton, Ohio, office. holds the rank of associate professor in Educational senior legal counsel. The unit was Administration and Leadership Studies. In this role, mobilized for active duty in July John C. Norling ’91, a member he works with the university’s academic leaders and in the Phoenix, Ariz., office of governance groups on policy and contract matters, and 2009 to manage the base, which is Clark Hill, was named member- continues as secretary to university’s Board of Trustees. one of the largest in Iraq. in-charge of Clark Hill’s Arizona Office. Norling was recently named Stephen Kleinman ’95 was named a “Top Person to Know in Arizona in the 2011 edition of Ohio Super Commercial Real Estate” by AZRE magazine. His Lawyers. Kleinman is a partner in the practice focuses on corporate, commercial, and real Columbus office of Schottenstein estate transactional matters with a particular emphasis Zox & Dunn. He primarily s on matters related to automobile dealerships. represents health care providers and 1990 suppliers. Maryanne Becka Haller ’90 received a full tuition Patrick J. Schmitz ’91 was named a partner of the scholarship toward a master’s degree at Kent State firm Scott, Scriven & Wahoff LLP in Columbus. He David Groshoff ’96 graduated from University’s School of Library and Information practices in the firm’s education law and labor and Harvard University Graduate School Science. She received one of five Laura Bush employment practices. Schmitz has represented school of Education in 2009 and has spent 21st Century “Youth Services, Librarians, and boards and other public sector and nonprofit entities the last year as a non-tenure track Museums—A New Vision of Learning” scholarships for more than 15 years. finance professor at Providence funded by funded by the federal Institute for Museum College, and recently began an and Library Services (IMLS) in Washington, D.C. David M. McCarty ’92 was named in the 2011 appointment as a tenure-track assistant professor of edition of Ohio Super Lawyers. He also was named in law at the Western State University College of Law in Frank Janik ’90 was recently elected to city council the 2011 edition of Best Lawyers in the area of workers’ greater Los Angeles. Groshoff will teach courses in at large in Amherst, Ohio, and has opened a new compensation law. McCarty is a director at Kegler, corporate law and finance. His most recent scholarship, law office in the city’s downtown. Janik previously Brown, Hill & Ritter and serves as the chair of the regarding entrepreneurial sex-segregated urban charter worked for the Lorain County, Ohio, Prosecutor’s firm’s workers’ compensation practice area. schools, is scheduled to be published in the upcoming Office. BYU Education & Law Journal. Paul Bittner ’93 was named in the 2011 edition of Paul M. Nick ’90 was named interim executive Best Lawyers in the area of labor and employment law. director of the Ohio Ethics Commission. Prior Bittner is a partner at Schottenstein, Zox, & Dunn Co., to being named to the position, Nick was the LPA. commission’s chief investigative attorney. He joined

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Bill R. Hedrick ’96 was named Company in its acquisition of JVB Financial, a Boca chief of staff of the Columbus Raton-based broker-dealer, for total consideration of City Attorney’s Office by City approximately $22 million. Mix practices in Duane Attorney Richard C. Pfeiffer Jr. Morris’ Philadelphia office.

Shawna L. L’Italien ’96 was Sara Sampson ’97 was elected vice-president/ named a 40-under-40 Shining president-elect of the Law Librarians Society of Star for community service and Washington, D.C. (LLSDC). LLSDC is a chapter of professional accomplishments the American Association of Law Libraries and serves in November 2009 by the librarians in the D.C. area. Sampson is the Head of Mahoning Valley Professional Reference at the law library and an adjunct professor at 20/30 Club and Community Foundation of the Georgetown University Law Center. Mahoning Valley. Of those 40 recipients, L’Italien also was named one of five MVPs. In May 2010, Betsy Luper Schuster ’97 was named Ohio’s chief L’Italien received the Athena Award, sponsored by elections counsel by Ohio Secretary of State Jon Husted the Youngstown Warren Regional Chamber and the in December. Prior to the appointment, Schuster was Youngstown Vindicator, which is awarded to a woman the commissioner at the Ohio Court of Claims, Crime for professional accomplishments, community Victims Appeals, and a hearing officer for various state service, and mentorship. L’Italien is a member/ departments and agencies. Schuster has also served as attorney at Harrington, Hoppe & Mitchell, Ltd in chief legal counsel to the Ohio governor and deputy Salem, Ohio. chief legal counsel. Schuster has taught legislation and appellate advocacy at Moritz and Capital University Law Brian E. Shinn ’96 was appointed general counsel School. Stephen A. Silver ’98 and his wife, by Ohio Secretary of State Jennifer Brunner on Shoshana, welcomed their first May 9, 2010. Previously, Shinn served as Brunner’s Roland W. Baggott III ’98 was child, Samuel Jared Silver, on Jan. assistant general counsel and chief elections counsel recognized by the Mid-South Super 3, 2010. from January 2007 until May 2010. Lawyers as a “Rising Star” for the second consecutive year. He also Brian E. Burns ’97 accepted has been appointed to the Steering partnership with Bricker & Committee for the ABA Forum on Eckler. He is a member of the Franchising’s Litigation and Dispute Erik H. Monson ’98 firm’s Business Law Group and Resolution Division. The committee is responsible has been elected shareholder will work in the firm’s Columbus for addressing issues concerning litigation and ADR at Coyne, Schultz, Becker & Bauer, S.C., in Madison, office. His practice primarily affecting franchise relationships and developing Wisc., where he practices civil litigation with a focuses on mergers and acquisitions, corporate continuing education programs. focus on insurance defense and professional finance, and private equity. liability defense. He joined the firm in 2005, having Gregory S. Baker ’98 was named senior counsel of previously served as an assistant district attorney in Gregg Eisenberg ’97 was Limited Stores, LLC in Columbus. Baker was previously Kenosha County, Wisc. chosen as part of an inaugural with the law firm of Schottenstein,Z ox & Dunn, where Rebecca Woods ’98 group of “40-under-40” award he started as an associate in 1998 and became a partner was selected to serve on the winners from the M&A Advisor. in 2006. Board of Directors for the Washington, D.C., Rape Eisenberg is a partner with Crisis Center, the nation’s oldest sexual assault Benesch in Cleveland. He is a Christopher E. Hogan ’98 was named a fellow of education/counseling/support center serving part of the Corporate & Securities Practice Group the Ohio State Bar Foundation in June. Hogan, of women, men, and children in the D.C. metropolitan and a member of the firm’s Executive Committee. Upper Arlington, Ohio, is an attorney for Newhouse, region. Woods is currently a partner in the D.C. Eisenberg focuses his practice on mergers and Prophater, Letcher & Moots, where his practice centers office of Seyfarth Shaw LLP. acquisitions as well as public and private debt and on labor and employment issues. Over the course of 18 Tyson Crist ’99 equity financings. months, fellows volunteer their time to a project that was named a promotes the foundation’s mission of improving the “Rising Star” in the areas of Loriann E. Fuhrer ’97 was named in the 2011 justice system and enhancing public understanding of bankruptcy and creditor/debtor Ohio edition of Ohio Super Lawyers. Fuhrer is a director the law. rights in the 2011 edition of Super Lawyers at Kegler, Brown, Hill & Ritter and focuses her . Crist is a partner practice primarily on employment litigation, Brad Johnston ’98 recently departed Holland & Hart in the Creditors’ Rights and complex business litigation, and appeals, as well to become the chief strategy officer and general counsel Corporate Trust and Business as public housing authorities and federally assisted of Peri & Sons Farms, Inc., a leading agricultural Restructuring and Reorganization Practice areas of housing law. company with farming operations in Mason Valley, Schottenstein Zox & Dunn in Columbus. Nev., and Firebaugh, Calif. Peri & Sons’ main crops are Darrick Mix ’97, a corporate partner at Duane white, yellow, red, and sweet onions. Prior to joining Morris, was the lead attorney in his firm’s Peri & Sons, Johnston was a partner at Holland & Hart, representation of investment company Cohen & where he practiced commercial litigation.

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Michael B. Kass ’99 was named Portsmouth, N.H. The core of his practice is business his entire career in the public sector, including active chair of the Employment & Labor and intellectual property litigation. military duty and state and county government service. Practice Group at Armstrong The New Albany, Ohio, resident is chief counsel for the Teasdale LLP in St. Louis, Mo. Ohio Senate Majority Caucus, representing its members Kass and his wife, Stacy, happily and staff on all legal matters, including those relating welcomed their fifth child, Chaya 2000s to legislation, employment, ethics, public records, and Leah, on Feb. 3, 2010. Craig Bryson ’00 has accepted a position as senior litigation. counsel, global projects at Abbott Laboratories. Abbott Meredith K. Knueve ’99 recently Laboratories is a global health care company. He has P. R. Casey ’01 left his job in May as the Ohio Senate joined the firm of Chester, been with the company since 2007. Bryson and his democratic legal counsel to start as the chief legal Willcox & Saxbe LLP as senior family are relocated to Basel, Switzerland in August. counsel at the Ohio Department of Education. Casey counsel. Knueve concentrates her also welcomed the birth of his third child, Delaney practice in the area of business, Ann K. Gramza ’00 was promoted Joyce Casey, in May. tax, and estate law. She was named to supervising attorney of the Child in Business First’s 2010 “40-Under-40” and listed as Protection Unit of Montgomery Dawn Hays ’01 has joined Beggs Caudill LLC as a a 2009 “Ohio Rising Star” by Ohio Super Lawyers. County, Ohio. Gramza joined the partner. She will represent employees in employment prosecutor’s office in April 2005. She claims and litigation. Previously Hays practiced labor Priya Lakhi ’99 completed a four-month assignment previously worked in the Juvenile and employment law at Hahn Loeser and Parks LLP. in Kathmandu, Nepal, where she worked for The Delinquency Division, the Intake and Grand Jury International Legal Foundation. Lakhi helped to Division, and she most recently was a criminal docket Suzana Krstevski Koch ’01 has joined the Akron train Nepali lawyers on the art of criminal defense attorney. office of Brouse McDowell. Koch focuses her practice for the poor. For more information, visit www.theilf. on commercial law and business reorganizations, org. Jeremy Grayem ’00 was named a “Rising Star” in the helping businesses grow through mergers, acquisitions, area of business litigation in the 2011 edition of Ohio divestitures, and other transactions. Traci A. McGuire ’99 was named an Ohio “Rising Super Lawyers. Grayem is a partner in the Litigation Star” in the 2011 edition of Ohio Super Lawyers. Practice Group at Schottenstein Zox & Dunn in McGuire is a director at Kegler, Brown, Hill & Columbus. He is also a member of the firm’s Products Ritter and practices in the firm’s litigation, labor, and Liability and Public Sector Litigation Practice areas. employee relations and health care areas. Jason A. Hill ’00 recently accepted an appointed Lexy Payne Font ’99 was position as assistant court administrator of the Ohio recently named a partner at Sixth District Court of Appeals. Prior to joining the Pattishall McAuliffe Newbury court, Hill served as a partner with the law firm of Hilliard & Geraldson in Chicago. Connelly, Jackson & Collier LLP, where he maintained Font leads Pattishall’s advertising, a litigation practice. Hill also recently completed the promotional marketing, and inaugural session of the Ohio State Bar Association’s media practice and is a part of Leadership Academy. the firm’s litigation practice. Karyn Justice ’00 was named a fellow Jeremy Sharp ’99 has recently of the Ohio State Bar Foundation in joined the Cleveland law firm of June. Justice is a solo practitioner in Walter & Haverfield LLP. Sharp Portsmouth, Ohio. Over the course will serve as a partner in the of 18 months, fellows volunteer their firm’s Labor and Employment, time to a project that promotes the Tax, Health Care, and Business foundation’s mission of improving the justice system Services sections. His focus is primarily in the areas and enhancing public understanding of the law. of employee benefits and executive compensation, with extensive experience in areas involving taxation, Garrett Smith ’00 married Charity Haines. Smith is Andrew R. Kruppa ’00 was elected labor and employment, and health care regulatory vice president & corporate counsel for Professional as a partner in the Miami office of compliance matters. Service Industries, Inc. (PSI). Haines is the director of Squire, Sanders & Dempsey LLP. He membership for WTTW Television (PBS) Chicago. The is a member of the firm’s litigation Eric Sommers ’99 was awarded the Pro Bono couple reside in Chicago. practice and focuses on commercial Service Award for his work with the Domestic Violence Emergency Project by the New Hampshire Mike Zandpour ’00 was named senior vice president litigation and defense of tort, product Bar Association. Sommers has represented and senior counsel of City National Bank in Los liability, and serious injury cases. He nearly a dozen domestic violence clients, offering Angeles. has represented clients at trials in dependable, emergency services to low-income California, Florida, Indiana, New victims of domestic violence in the greater John W. Barron ’01 was honored by The Ohio State Manchester, N.H., area. In April 2010, Sommers University Alumni Association for his distinguished York, and South Carolina. started his own firm, Sommers Law, PLLC, in career in public service in June. Barron has spent

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Kevin T. Shook ’01 has been elected partner in Toshi Miyamoto ’02 was elected the Columbus office of Frost Brown Todd. Shook as special counsel in the Tokyo concentrates his practice in the areas of property and Hong Kong offices of Baker litigation, financial institutions, media law, and & McKenzie. Miyamoto focuses advertising law. Shook serves on the Board of Directors his practice on capital markets, for the American Red Cross of Greater Columbus and project work, and debt equity he is the pro bono coordinator for Frost Brown Todd’s markets. Previously, he was a Columbus office. He also was recently named a “Rising senior associate at the firm. Star” in the 2011 edition of Ohio Super Lawyers. Tracy Schwotzer ’02 was named an Ohio “Rising Adria M. Tippins-Owens ’01 was married Oct. 9, Star” in the 2011 edition of Ohio Super Lawyers. 2010 in Key West, Fla., on Smathers Beach to Jerard Schwotzer is an associate at Weltman, Weinberg & Owens, I. The wedding was attended by many former Reis in Cleveland, where she focuses her practice in Ohio State Black Law Students Association members; consumer collections. Arleesia L. McDonald ’02 sang at the nuptials and Sarbeth J. Fleming ’00 and Taneesha D. Marshall Anthony M. Sharett ’02 has been appointed as ’02 were bridesmaids. a District 7 representative on the Ohio State Bar Association’s Council of Delegates for a two- Rasheeda Z. Khan ’02 has been Shama Ahmed ’02 and her husband, Aheed Siddiqi, year term beginning July 1, 2010. The Council of selected as a firm director in the welcomed their third child, Eesa, on June 25, 2010. Delegates is one of the two major governing bodies Columbus office of Kegler, Brown, They have two older children, Mohsin and Sakeena. The of the OSBA. Sharett is an associate at Bricker & Hill & Ritter, where she has worked family currently resides in Glen Ellyn, Ill. Eckler in Columbus. since 2002 in the professional Stephen C. Barsotti ’02 was named an Ohio “Rising Kate Tournoux ’02 was recently responsibility, litigation, and Star” in the 2011 edition of Ohio Super Lawyers. Barsotti promoted by International Paper criminal defense practices. She is is a director at Kegler, Brown, Hill & Ritter working Company to senior counsel- also listed as an “Ohio Rising Star” in the firm’s business, intellectual property, and environmental litigation. She lives by Law & Politics magazine. international business practice areas. in Germantown, Tenn.

April Bucknell ’02 and her husband, John Bucknell, Allan Townsend ’02 is now a trial attorney at the are pleased to announce the June 17 birth of their U.S. Department of Justice Civil Rights Division son, Emory Xavier. Emory joins brothers Isaac and Employment Litigation Section in Washington, D.C. Eamon. April is an attorney at Alexsy Law Group in Detroit, Mich. John is an advanced research engineer Janica Pierce Tucker ’02 was appointed as a David J. Lindner ’01 rejoined the for General Motors. District 7 representative on the Ohio State Bar Cleveland office of Buckingham, Association’s Council of Delegates for a two-year Doolittle & Burroughs, LLP, as Tiffany Freeman ’02 and George H. Hendricks term beginning in July. The Council of Delegates is an associate. Prior to joining were married September 2010. The couple reside one of two major governing bodies of the statewide Buckingham, Lindner was an in Greenville, S.C. Freeman is currently an assistant organization. She is an associate at Chester Willcox associate at Ulmer & Berne solicitor with the Seventh Judicial Circuit for the state & Saxbe in Columbus. LLP in Cleveland. Lindner’s practice is focused on of South Carolina. Hendricks is a budget analyst for the residential and commercial real estate development, U.S. Army. Stephanie Bayer ’03 was promoted to chief leasing, sales and acquisitions, land use and zoning, privacy officer for Universal American, a Fortune and tax valuation. Margaret (Meg) Johnson ’02 and her husband, 500 health insurance company offering healthcare Andrew, welcomed a daughter, Eleanor (Nora) products and programs, including traditional health Stephanie Ramjohn Moore Elizabeth, on Dec. 13, 2009. Meg and her family insurance, Medicare managed care plans, and ’01 and her husband, Kerry, currently reside in Natick, Mass. welcomed their first child, Jackson Kerry Moore, on May 1. Jennifer McDaniel ’02 was named a Moore is an attorney advisor in “Rising Star” in the area of workers’ the civil rights litigation division compensation in the 2011 edition of in the Office of General Counsel for the United Ohio Super Lawyers. McDaniel is an Move? Change Jobs? States Department of Agriculture in Washington, associate in the Columbus office of D.C. Schottenstein Zox & Dunn. If you have a change to your contact information, don’t forget to let Moritz know! Rebecca R. Price ’01 was named an Ohio “Rising Mary C. Mertz ’02 was named top legal deputy for Star” in the 2011 edition of Ohio Super Lawyers. Price new Ohio Attorney General Mike DeWine. Mertz was Visit moritzlaw.osu.edu/alumni/address. is an associate at Kegler, Brown, Hill & Ritter where an aide to DeWine when he was lieutenant governor. she focuses her practice in the firm’s litigation area.

66 | Moritz College of Law Alumni News Tell Us What You are Doing — moritzlaw.osu.edu/alumni/notes

Medicare prescription drug benefits. Additionally, as the assistant chief financial officer at the Ohio office and focuses her practice on business litigation she also was invited to speak at the World Congress Department of Development. and medical and legal malpractice defense. Marsico Leadership Summit in Washington, D.C., on HIPAA Johnson and her husband welcomed their first child, and HITECH regulatory issues. Jeff James ’03 and his wife, Ellen, Noah, in January 2009. They live in Springboro, Ohio. welcomed their first child, Audrey, James Graley ’03, who was elected as a partner on Aug. 29, 2010. James and family Erika Chouinard Schoenberger ’04 and Josh with Campbell Woods, PLLC in January, has been live in Tampa, Fla., where James Schoenberger ’04 were honored by the National recognized by Chambers and Partners as among the is a shareholder at Banker Lopez Multiple Sclerosis Society with the Taubman top corporate/commercial attorneys in West Virginia. Gassler, P.A. Community Award for their dedication to the success Graley was also recently recognized by Super Lawyers of several National Multiple Sclerosis Society events. as a rising star for the second consecutive year. He Peter E. Krebs ’03 joined the The couple have served on the society’s Columbus and his wife, Jessica, reside in Proctorville, Ohio with Toledo, Ohio, office of Shumaker, Walk Advisory and Columbus Dinner of Champions their son, Garrett. Loop & Kendrick as an associate in committees. Josh is a senior associate at Williams & the firm’s Corporate Practice Group. Petro Co. and his wife, Erika, is a senior associate at Jeffry Harris ’03 was named economic development Krebs has extensive experience Frost Brown Todd in Columbus. director for the city of Worthington, Ohio. Prior to representing buyers and sellers of being hired to his current position, Harris worked both public and private businesses and business units Rita DeCaria ’05 has been promoted to business and has substantial experience in representing clients in development director of Reed Smith LLP, one of the 15 complex business reorganizations, debt restructurings, largest law firms in the world. DeCaria is currently on a and insolvency matters. six-month secondment in Reed Smith’s London office where she is acting as European and Middle Eastern Paul Kuzmickas ’03 was recently hired to the business development director. DeCaria is otherwise Cleveland office of Luftman, Heck & Associates, a based in the firm’s New York office. She has been with Columbus-based firm. Kuzmickas focuses on consumer Reed Smith since May 2007. bankruptcy and foreclosure cases covering all of northern Ohio and will manage the bankruptcy practice Brendan P. Feheley ’05 was named an Ohio “Rising at the Cleveland office. He and his wife, Jennifer, and Star” in the 2011 edition of Ohio Super Lawyers. Feheley two sons, Andrew and Grayson, reside in a suburb of is an associate at Kegler, Brown, Hill & Ritter and Cleveland. primarily practices employment law.

Robert Morwood ’03 was recently Whitney Hadanek ’05 and her husband, Brian Sauer, elected a partner of the firm Baker welcomed their son, Aiden Lee, on June 4 at 10:33 p.m. & Hostetler. As a partner in the Aiden was 7 pounds, 15 ounces, and 21.5 inches long. firm’s Business Group, Morwood will focus his practice in the area of Kimberly (Blackwell) Lawler ’05 and husband, Mike, mergers and acquisitions. welcomed their second son, Malcolm James, on Aug. 4. He joined older brother Michael Timothy III, who Kristen Blankley ’04 will begin teaching this fall as turned 2 on Nov. 12, 2010. After spending five years an assistant professor at the University of Nebraska with Jones Day in Washington, D.C., and Dallas, Lawler College of Law. Blankley’s courses are in the area of recently joined Higier Allen & Lautin, P.C. in Dallas. alternative dispute resolution. Adam C. Sturdivant ’05 and his Marybeth Sundstrom ’05 and Daniel Westmeyer law partner, Stephen R. Drew, Carlos Garritano ’04 recently formed Grillo & ’05 were married in Las Vegas, Nev., on May 15, 2010. of the law firm Drew, Cooper & Garritano, LLC in Cleveland in order to provide Sundstrom is an associate at Gerrard Cox Larsen in intellectual property legal services. His practice area Henderson, Nev., and Westmeyer is a deputy district Anding in Grand Rapids, Mich., currently concentrates on patent, trademark, and attorney in the Clark County District Attorney’s Office. won a sexual harassment/hostile copyright. Kellie Swift ’05 and Ben Wright ’05 were married in work environment jury trial against April 2008 and welcomed daughter, Anna Kathleen, on Consumers Energy, a utility Lindsay Marsico Johnson ’04 was recently named a Oct. 21, 2010. Kellie, Ben, and Anna live in Chicago company, in the United States “Rising Star” in the 2010 edition of Ohio Super Lawyers. where Ben is a tax attorney with Ernst & Young LLP, She and her husband, Dr. Benjamin Johnson, were and Kellie practices commercial real estate finance law District Court for the Western recently voted by the Dayton Art Institute Associate with Riemer & Braunstein LLP. District of Michigan. Following a Board of Directors to chair the 2011 Oktoberfest, two-week trial, the jury returned a the museum’s largest fundraiser. Marsico Johnson is Julia Tosi ’05 and Nathaniel Tosi ’06 welcomed a new verdict in favor of the plaintiff, who a member of the Dayton and Ohio Bar Associations, daughter, Mia Elizabeth, on March 25, 2010. Generation Dayton, the Dayton History Fundraising Sturdivant’s firm represented, in and Development Council, the Dayton Art Institute the amount of $7.9 million in a 7-1 Associate Board of Directors, and the Goodwill-Easter decision. Seals youth mentoring program and Associate Board. She is an associate in Freund Freeze & Arnold’s Dayton

SPRING 2011 | 67 Alumni News Tell Us What You are Doing — moritzlaw.osu.edu/alumni/notes

project and policy solutions that help create sustainable a pro bono lawsuit on behalf of constitutional communities offering decent, safe, and affordable law professor Abukar Hassan Ahmed, who was housing for lower-income Pennsylvanians. reportedly imprisoned and tortured in Somalia during the brutal regime of Siad Barre. Smith’s firm, Akin Ursula Barrera-Richards ’07 is the new policy Gump Strauss Hauer & Feld, joined with the Center director for the Ohio Commission on Hispanic and for Justice and Accountability to file the suit. Smith Latino Affairs. The 33-year-old commission advises was also elected on behalf of the firm’s first-year the legislature, governor, and state agencies on issues associates to serve as one of two representatives on and policies pertinent to the Ohio Latino community. the firm’s Associate Committee. Barrera-Richards was also recently married to Jimmy R. Richards in Toledo, Ohio. Jesse Thomas ’09 has joined the Cleveland office of Tucker Ellis Sarah A. Cherry ’07 was named & West LLP as an associate in the legal counsel to the Ohio House of firm’s Trial Department. Thomas Representatives Minority Caucus. will focus his practice on business litigation. Matthew Horwitz ’07 was named a senior associate at Frost Brown Todd in Cincinnati. He represents and advises clients in a wide range of litigation areas, with a focus on complex business and commercial litigation. 2010s David M. Dirr ’10 joined Dressman Benzinger LaVelle as an Drew B. LaFramboise ’10 joined Lisa Jones ’07 joined the U.S. Department for Education in July 2007 as an attorney in the Office for associate in the firm’s Crestview the Columbus office of Clark, Civil Rights in Cleveland, Ohio. Hills, Ky., office. Dirr’s practice Perdue & List Co. LaFramboise will focus in the areas of health will provide support in the area of Brandon Middleton ’07 recently wrote a law review care and civil litigation. whistleblower protection litigation, article, “Restoring Tradition: The Inapplicability of TVA v. Hill’s Endangered Species Act Injunctive Relief Douglas Hattaway ’10 has joined Weltman, in addition to the firm’s other Standard to Preliminary Injunctive Relief of Non- Weinberg & Reis Co., in the firm’s Consumer practice areas. Federal Actors,” which was published in the Spring Collections group in its Grove City, Ohio, office. 2010 edition of the Missouri Environmental Law and Policy Review. Middleton is a staff attorney at Pacific Legal Jeremiah Thomas ’10 has joined Kegler, Brown, Foundation in Sacramento, Calif., practicing in the Hill & Ritter in Columbus as an associate. He is foundation’s environmental section. focusing his practice on corporate and intellectual property law. Eric D. Duffee ’06 was named an Ohio “Rising Justin Moses ’07 has accepted a position as associate Star” in the 2011 edition of Ohio Super Lawyers. dean of students and director of student conduct at the Duffee is an associate at Kegler, Brown, Hill & University of Tennessee Chattanooga in Chattanooga, Ritter and focuses his practice primarily in the areas Tenn. Moses will oversee all aspects of student conduct of business, intellectual property, estate planning, and the university’s honor court. and employee benefits. Samuel Hamilton ’08 was named a 2010 Up and Ronald Petroff ’06 and his wife, Natasha, Coming Lawyer by the Wisconsin Law Journal. Hamilton welcomed their first child, Samantha Erin Petroff, is an associate with Reinhart Boerner Van Deuren SC on Dec. 10. in Milwaukee. His practice is focused on mergers and Correction acquisitions and general business representation, as well Steve Roach ’06 was featured in the April 2010 as securities matters. A story in the spring 2010 All Rise Texas Bar Journal regarding his work as a Dallas regarding the 75th anniversary of attorney, art appraiser, licensed auctioneer, and Mario A. Medina ’09 joined the Chatham County, Ga., the Ohio State Law Journal omitted editor of Coin World. District Attorney’s office as an assistant prosecutor. the name of Thomas J. Shumard

Lindsey Williams ’06 was recently elected to Ryan Shrout ’09, 1st lieutenant, completed a four- ’69 as a former editor-in-chief of the Board of Directors for Regional Housing month tour working in the Military Law Branch, the journal. Shumard led the 1968- Legal Services (RHLS) in Pennsylvania. RHLS Headquarters Marine Corps, at the Pentagon. He was 69 staff along with Frank Black is a nonprofit law firm with unique expertise in expected to complete a six-month basic training course ’68. Shumard, of Phoenix, Ariz., has affordable, sustainable housing and its related with the United States Marine Corps before being components — community and economic assigned a permanent duty station. successfully practiced law in the city development, utility matters, and preservation for the past 40 years. The All Rise of home ownership. RHLS provides innovative Tiffany T. Smith ’09 was the filing attorney for staff deeply regrets the error.

68 | Moritz College of Law In Memoriam The Moritz College of Law has received word of the death of the following graduates, former faculty, and friends. We express our sympathy to relatives and loved ones.

William L. Stewart ’43, of Aptos, Calif., D.C., to become special counsel and lobbyist for the Jefferson Center for Learning and the Arts. passed away April 16, 2010. Stewart, 92, Consolidated until his retirement in 1983. During Vorys is survived by his wife of 30 years, Ann; graduated with a bachelor’s degree from The World War II, he served in the U.S. Army, 3rd children, Caroline Vorys of Paonia, Colo.; Ohio State University and went on to earn Div., 7th Infantry in France and Germany where Adeline (Greg) Cranson of Paonia, Colo.; Lucy his law degree from the Moritz College of he received the Bronze Star, Silver Star, and the Noll of Montrose, Colo.; Webb (Liz) Vorys of Law. After serving the Army Field Artillery Purple Heart with a cluster and the Croix de Gahanna; Chuck (Michele) Haubiel of Gahanna; and Judge Advocate General Department in Guerre. Roderick was preceded in death by his and Alisa (Paco) Morera of Pickerington; 14 World War II, he settled in California. Stewart wife Juanita. He is survived by his son, Thomas grandchildren, and four great-grandchildren. served as an attorney for 28 years and, later, Gough Roderick II; daughter, Linda G. Roderick; as a judge of Municipal and Superior Courts and granddaughter, Mary J. Roderick. William L. Johncox ’50, of Potomac, Md., of Monterey County. He was co-founder of passed away on Nov. 23, 2010. Johncox, 87, Salinas Valley Memorial Hospital, St. Mary’s John T. Shanks ’49, of Columbus, Ind., formerly began his federal career in Washington with the Church in Salinas, Steinbeck City Library, and of Bonita Springs, Fla. and Dayton, Ohio, passed Justice Department in 1954, and he later worked Alisal Chamber of Commerce. He is survived away April 18, 2010. He attended Kent State for the old Federal Power Commission. From by his four children, four grandchildren, and University, interrupting his education to join the 1964 to 1967, he was in privative practice, first one great grandchild. Army Air Corps in 1943. He earned his wings in Columbus, Ohio, and later in Washington. and became a pilot serving as a flight instructor He joined the Federal Aviation Administration Donald J. Lett ’49, of Loudonville, Ohio, at Greenville, Miss. He later attended bomber in 1967 and then worked at the Department of passed away Dec. 5, 2010. After serving in pilot training in the B-24 and was stationed at Housing and Urban Development from 1971 the Army during WWII as a bombardier and Mt. Home Air Force Base in Boise, Idaho. He until his retirement in 1989. Johncox was born later earning a Silver Star, Lett graduated with received orders to the Pacific theater when the on a farm near Ontario, N.Y., and served in a bachelor’s degree from The Ohio State war ended in 1945. He then attended The Ohio the Army Air Forces during World War II. He University in 1946 and the law school in 1949. State University and graduated with a bachelor’s received both his bachelor’s and law degrees He practiced as a solo attorney in Mansfield, degree in business and a law degree from the from Ohio State. He is survived by his wife of Ohio, until the 1970s, when he retired and Moritz College of Law. He moved his family to 62 years, Esther Mally Johncox of Potomac; moved to a 400-acre farm near Loudonville. Dayton, Ohio, and opened his private practice two sons, William L. Johncox II of Bethesda Lett loved his new life as a gentleman farmer. in 1949 until his retirement in 1994. He was an and Douglas P. Johncox of Damascus; and four He worked the land growing corn, hay, soy, avid general aviation pilot and a member of the grandchildren. He is preceded in death by a and wheat and also raised just about any farm Quiet Birdmen. Phillips is survived by his wife daughter, Sarah Anne Johncox. animal. An avid skier, Lett was a member of of 65 years, Frances Shanks; daughter Donna the Mansfield Ski Club. He loved traveling; the S. Hilker and son-in-law Samuel R. Hilker; and Thomas W. L. “Lud” Ashley ’51, of Leland, only state not visited was Oregon. He took grandchildren Todd W. Hilker and Holly A. Mich., passed away June 15, 2010. Ashley was a trips to Australia and Rome and made it a point Bonetti. former congressman for Ohio’s ninth district and to revisit those countries in Europe (England, served in the U.S. House for 26 years, from 1955 to Scotland, and France) that changed his life as Arthur I. Vorys ’49 passed away Feb. 5, 2011 1981, representing Toledo and surrounding areas a young man during WWII. He is survived by in Naples, Fla. Following graduation from high of northwestern Ohio. A private memorial was his children and their spouses Elizabeth and school, Vorys served his country as a lieutenant held June 25 in Washington, D. C., and included Jeff Force of Charleston, S.C.; Nancy Young in the Marines’ Fifth Regiment in WWII, and a eulogy delivered by former President George of San Antonio, Texas; Nicole and Darren fought in and was wounded in the Battle of H.W. Bush, who was among Ashley’s closest Docherty of Mansfield; and Whitney Superstar Okinawa. Upon returning from the war, he friends. Ashley was chairman of the Merchant of Loudonville; and four grandchildren. received his bachelor’s degree from Williams Marine and Fisheries committee in addition to College and his law degree from The Ohio State membership on the House banking, finance, Thomas G. Roderick ’49, of Lancaster, Ohio, University. In 1949, Vorys began a 44-year law and urban affairs committees, the House Budget and former resident of Alexandria, Va., passed practice at Vorys, Sater, Seymour and Pease LLP Committee, and numerous subcommittees. away Feb. 17, 2010. In 1947, Roderick received in Columbus, where he rose to senior partner, Within the Democratic Party he was assistant his bachelor’s degree from The Ohio State retiring in 1993. From 1957 to 1959, Vorys was majority whip in the late 1970s. From 1988- University in art and, in 1949, a law degree. appointed by the governor to serve as Ohio’s 93, Ashley was president of the Association After graduation he returned to Canton and superintendent of insurance. During his career, of Bank Holding Companies, representing the joined the law firm of Miller, Roderick & Kuhn he served as a director on numerous corporate nation’s largest banking institutions. Ashley was a and became the assistant city solicitor and boards, including Wendy’s International, Inc., member of the George H. W. Bush Presidential police prosecutor. In 1954, Roderick served as Ohio Casualty Corporation, Willis Corroon plc, Library Foundation and previously served on the the general counsel and congressional liaison and Vorys Brothers, Inc. Vorys believed strongly boards of Fannie Mae and Freddie Mac. Ashley for the U.S. Information Agency under the in giving back to the community and he served on was preceded in death by his wife, Kathleen. Eisenhower administration, then in 1960 he the boards of Nationwide Children’s Hospital, Ashley is survived by two sons and a daughter. became special counsel to the Consolidated The Ohio State University Hospitals, Capital Natural Gas Company and in 1963 transferred University, Capital University Law School, The William Erwin Rance ’51, of Upper Arlington, to Cleveland where he was secretary and general Griffith Foundation for Insurance Education, Ohio, passed away on June 17, 2010. Rance, 85, counsel for the East Ohio Gas Company. In and Green Lawn Cemetery, among others. He received an undergraduate degree from Virginia 1972, he transferred back to Washington, was also one of the founders and helped finance Military Institute in 1946, with his college days

SPRING 2011 | 69 In Memoriam The Moritz College of Law has received word of the death of the following graduates, former faculty, and friends. We express our sympathy to relatives and loved ones.

interrupted by the World War II. During the war, he served as an officer in the United States Marine Corps. After the war, he enrolled in and graduated from The Ohio State University Moritz College of Law. Rance entered private practice and appeared regularly before the Interstate Commerce Commission. After working as corporate counsel for Eastern Motor, he joined Theodore Boehm to found a firm which ultimately became Rance Pritchett Brantner Keller & Ely. Like many Columbus residents, Rance was an avid Ohio State fan. He attended every home OSU football game from 1948 through the end of the 2009 season. He is survived by his wife, Rosemary, to whom he was married for 52 years; his son, Brian D. Rance; his two daughters, Susan L. Gliatis and Carol R. Ryan; and five grandchildren.

Ralph (R.A.) Henderson ’53, of Fairfield, Ohio, passed away on Aug. 10, 2010. After graduating with a bachelor’s degree from The Ohio State University in 1951. Henderson, 81, received his law degree from The Ohio State University Moritz College of Law. Henderson was a U.S. Army veteran. He practiced law in Butler County for over 50 years and was very active with Butler County Law Library, Butler County James F. “Jim” Graham ’52, of increased philanthropic support of Ethics Committee, Hamilton Kiwanis, and Aquarius Club, and he coached the Legal Eagles in the Zanesville, Ohio, passed away at the College. Graham and Reese re- Hamilton Businessmen’s Softball League. Henderson his home on Aug. 10, 2010. He launched an identical campaign in is survived by his wife, Jean Henderson; two children, graduated from Zanesville High 2007. Thomas A. Henderson and Beth A. Galbraith; two granddaughters; three stepchildren; eight step- School, received his bachelor’s degree grandchildren; and nine step-great-grandchildren. from The Ohio State University in Graham was also an avid golfer and 1950, and earned his law degree from member of, and past president of, Judge Alba L. Whiteside ’54, formerly of Bexley, Ohio, passed away Oct. 14, 2010. After serving in the The Ohio State University Moritz the Zanesville Country Club. He was U.S. Army, he attended The Ohio State University and College of Law. He was the senior also a member at Moundbuilders, obtained his bachelor’s and law degrees. He graduated partner in the Graham & Graham Harbor Hills, and The Golf Club in first in his law school class. He served as counsel for Law Firm and chairman of several Ohio, and the Royal Poinciana Club the Ohio Turnpike Commission and as chief counsel for the Columbus city attorney before being elected family businesses, including Shelly in Naples, Fla. He was a member of judge of the Franklin County Common Pleas Court. & Sands of Zanesville, Dutro Ford the Columbus Club, the Columbus In 1971, he was elected to the Tenth District Court of Zanesville, Graham Auto Mall Athletic Club, the Buckeye Lake of Appeals, where he served until his retirement in 1995. During his career, he also served as chief of Mansfield, and Buckingham Coal Yacht Club, and the Port Royal judge of the Ohio Courts of Appeals and chairman Company of Corning. Club in Naples. Graham was also a of the Ohio Judicial Conference. Judge Whiteside member of the Elks of Zanesville also was actively involved in his community and In 2006, Graham co-founded an and Honor Masonic Lodge F.A.M. church, having served as governor of Ohio District of Civitan International, president of the Central initiative called the Graham-Reese Columbus Civitan Club (of which he was a Charter Challenge at Moritz. Graham, along Graham is survived by his sons, member), lay member of the Annual Conference for with his co-founder and classmate, Clay ’80, Bryan, and Harvey; and the West Ohio Conference of the United Methodist Church, president of the United Methodist Men for Gib Reese ’52, agreed to match five grandchildren, Cole, Courtney, the Ohio West Conference, president of the Board all new and increased gifts to the Adam, Brady, and Amy. He was of Trustees of Bexley United Methodist Church (of Law Annual Fund for up to $5,000 preceded in death by the mother of which he had been a member for more than 50 years), his children, Mary Powelson Graham. member of the Board of Wesley Glen (where he was per person. The challenge proved residing at the time of his death), and as chairman successful and was a catalyst for of the Boards of Methodist Eldercare Services and

70 | Moritz College of Law In Memoriam The Moritz College of Law has received word of the death of the following graduates, former faculty, and friends. We express our sympathy to relatives and loved ones.

Wesley Ridge (where he resided from 2006-10). 1972. Practicing law ever since, Tommy was to Ohio to attend law school. Tucker was a He was predeceased by his wife, N. Virginia a devoted trial attorney. He loved the law, and passionate outdoorsman who made time to (Ayres). He is survived by his daughter, Elizabeth will be remembered as hard-working, honest teach rock climbing at the Cleveland Rock Gym, Ayres (Dr. Peter) Whitman of Potomac, Md., and and diligent. He was the current Secretary of and to climb at sites around North America. grandson, Alan Benjamin Whitman. the American Board of Trial Advocates, Ohio He is survived by his parents, Christy Cole, and Chapter; OACTA; IADC, DRI; Lawyers Club Bob and Karen Tucker; his sisters, Emily, Kelly James “Jim” Clinton Fitch ’55, of Portsmouth, of Columbus and recognized as an Ohio Super Elliott, and Ann Elliott; and grandparents, John Ohio, passed away Oct. 27, 2010. Fitch, 80, Lawyer. Boyle was a huge Ohio State football and Mary Cole. graduated with a bachelor’s degree from the fan, as well as a voracious reader and perpetual University of Michigan before attending law student. He is survived by his devoted wife of James Edgar Phillips, of White Plains, N.Y. school at Ohio State. Fitch proudly served in the 41 years, Susie (Dobbs) Boyle; beloved children, and Columbus, Ohio, passed away Aug. 11, U.S. Navy on the USS Canberra and provided Kerry (Miranda), Trevor, Cory, and Patrick 2010. An adjunct professor at The Ohio State numerous stories, one of which was the selection Boyle; and three granddaughters. University Moritz College of Law, Phillips, 60, of the soldier buried in the Tomb of the was a partner at Vorys, Sater, Seymour & Pease Unknown Soldier in Arlington Cemetery. He was Bernard Floetker ’78, of Columbus, passed in Columbus, where he practiced since 1979. a Portsmouth attorney for more 50 years. After away on Nov. 27, 2010. Floetker, 57, graduated He practiced primarily as a criminal defense law school, Fitch join his father’s law firm of from University of Cincinnati in 1975 and attorney and was founder and head of the Miller, Searl and Fitch. He practiced nearly until the Ohio State College of Law in 1978. He firm’s white collar defense group. Previously, his death. He is survived by his wife, Lois “Libby” was in the private practice of law for 32 years. he tried over 100 jury trials as senior assistant Fitch; children, Karen Fitch Schiltz, Linda (Chris) Floetker’s passion for sports enabled him to prosecuting attorney for Franklin County from Bendinelli, David Fitch, and Barb Fitch; and three play, coach, and referee for 40 years. He played 1975 to 1979. Phillips graduated from Boston grandchildren. and sponsored many softball and baseball teams, University with a bachelor’s degree in 1971 winning numerous championships. Floetker and graduated from Case Western Reserve Lee C. Mittman ’58, of Worthington, Ohio, is survived by his daughter, Nicole, and her University School of Law in 1975. He served passed away on Aug. 25, 2010. Following his mother, Kate Floetker. as general counsel and national legal advisor to service in the U.S. Army, Mittman graduated the National Fraternal Order of Police from from Kent State University and The Ohio Brent Bentley Nicholson ’79, of Bowling 1987 through 1996, and was tapped as special State University Moritz College of Law. He Green, Ohio, passed away Dec. 4, 2010. prosecutor for the state of Ohio in the largest was hired at his graduation by the Honorable Nicholson, 56, earned his bachelor’s degree securities fraud case in the state’s history. In Mell G. Underwood to serve as his clerk to the from Bowling Green State University in 1976 addition to numerous professional awards U.S. District Court, Southern District. At the and went on to receive his law degree from and acknowledgments, Phillips founded the conclusion of that tenure, he started what would Ohio State. Nicholson spent ten years working Ohio Center for Law Related Education and remain until his death, a fully active legal practice. in accounting and law practices and earned his its Mock Trial program, and was appointed Lee is survived by his wife, Paula Mittman; CPA certificate. His true passion was teaching, to the Columbus Bar Association’s Board of daughter and son-in-law, Julie and T.G. Glazer, and he began his full-time teaching career at Governors. He is survived by his sons, Zachary and Max and Nathan; son and daughter-in-law, Bowling Green State University (BGSU) in 1989 and Mark Phillips; his daughter-in-law, Victoria Scott and Janet Mittman, and Allison and Jacob. and continued there until his death. In 2004, Mango; and his devoted companion, Lynda Nicholson was named founding director of the Schiff. Stanley S. Phillips ’60, of Dayton, Ohio, passed Entrepreneurship Academic Program, and he away July 27, 2010. Phillips graduated with a continued as a key player in its ongoing success. Elizabeth G. Drinko, of Lyndhurst, Ohio, bachelor’s degree from The Ohio State University He was also chairman of BGSU’s Legal Studies originally of Pittsburgh, Pa., passed away in 1957 and went on to receive a law degree from Department for several years. He was honored Aug. 22, 2010. Drinko, 88, was the widow of The Ohio State University Moritz College of with Undergraduate Teaching Award and twice Moritz alumnus John Deaver Drinko ’44, Law. He was a special agent in the FBI, assistant with the Undergraduate Student Government the namesake of the Moritz’s Drinko Hall. prosecutor for the city of Dayton, and a judge Faculty Excellence Award. Nicholson is survived Elizabeth Drinko has long been an outstanding of the Montgomery County Area 2 Court, the by his children, Bradley (Michelle) Nicholson supporter of academic programs at Moritz as Montgomery County Court of Common Pleas, and Lindsay (Jameson) Czech, and his parents. well as at Marshall University. She earned her and the 2nd District Court of Appeals. Phillips is bachelor’s degree in psychology in 1944 from survived by his wife of 39 years, Sue D. Phillips; Michael R. Tucker ’09, of Cleveland, Ohio, Westminster College in New Wilmington, Pa. sons Douglas G. Phillips, Daniel J. Phillips, passed away on April 24, 2010. He had recently Elizabeth Drinko holds three honorary doctoral R. Stephen Jenkins, Scott A. Jenkins; and five returned to Cleveland to serve as the staff degrees from Marshall University, Westminster grandchildren. attorney for the Hon. Richard McMonagle, College, and Keystone College. John Deaver overseeing the newly created commercial docket Drinko passed away on Jan. 30, 2008. She is Thomas Edward Boyle ’72, of Columbus, of the Cuyahoga County Common Pleas Court also preceded in death by her son, Jay Deaver passed away Jan. 19, 2011. Boyle, 63, earned deciding business disputes. Tucker received his Drinko. She is survived by three children, a bachelor’s degree from The Ohio State undergraduate degree from The University of Elizabeth Lee Sullivan, Dr. Diana Lynn Drinko, University in 1969 and was a member of Delta Colorado in 2004. After spending two years rock and John Randall Drinko; 11 grandchildren, and Tau Delta fraternity. He then graduated from climbing around the world and guiding other five great-grandchildren. The Ohio State University College of Law in climbers at Hueco Tanks in Texas, he returned

SPRING 2011 | 71 ALumni Focus The Bazlers

Bazlers $5 Million Gift to Benefit Moritz, OSU’s Agricultural College

Couple Have Long History of Supporting Ohio State

By Rob Phillips

e will all have legacies: those personality traits or we have a great College of Law, and I’m significant acts that will be remembered for years in the confident that we do compete with some Wfuture. The legacies of Frank Bazler ’53 and his wife, of the best colleges in the country.” Ginni, will undoubtedly include the couple’s unwavering generosity The most recent gift is just the latest in to The Ohio State University. a lengthy list of ways that the Bazlers have The couple recently designated $5 million of their estate to crafted their legacy at Ohio State. The Ohio State: $2.5 million will be presented to the Moritz College couple have spread their kindness across of Law to fund a faculty chair in the Bazlers’ names, and the other the University, including gifts to Moritz, $2.5 million will be used to create a similar faculty position in Ohio the College of Human Ecology, the State’s College of Food, Agricultural and Environmental Sciences. Alumni Association, 4-H, the Thompson Ginni graduated in 1954 from the School of Home Economics in Library, the Miami County Alumni Club, the College of Agriculture, today known as the College of Food, and University Development. In addition Agricultural, and Environmental to two endowed funds named in their “I already know that we Sciences. honor, the Bazlers have also established have a great College of “Chairs are the highest level of scholarships in Ginni’s name and in honor Law, and I’m confident recognition that the University can of Ginni’s father, who retired as associate that we do compete bestow upon a person,” Frank said. dean of the College of Agriculture. One with some of the best “I would like to be a part of that. I of Frank’s contributions was to the Moritz think with chairs you can attract and Law Library in memory of his sister. colleges in the keep your better professors longer, In 2008 the Bazlers donated country.” which will help continue improving $200,000 to Moritz to create the Frank Frank Bazler ’53 the College. I already know that E. and Virginia H. Bazler Designated Professorship in Business Law. Professor Donald B. Tobin currently holds that position. As usual, the gift came simultaneously with an identical one to the College of Food, Agricultural, and Environmental Sciences. Frank said that he and his wife were moved to designate funds in their estate to the University after realizing how much Ohio State has meant to them. “Once I got out of the College of Law I found that what I learned there was very beneficial in getting me through the rest of my career,” Frank said. “Having served for a number of years on the Moritz National Council, I have watched the College grow and become stronger and better. Anything Dean Alan C. Michaels with the Bazlers at a Moritz tailgate. we can do to help the College continue to

72 | Moritz College of Law Bazlers $5 Million Gift to Benefit Moritz, OSU’s Agricultural College

The Bazlers pause for a photo with The Ohio State University President E. Gordon Gee.

improve is a good thing.” retained an office at Hobart Corporation for another 7.5 Ginni echoed similar thoughts regarding the gift to her years, while also serving “of counsel” with Dungan & alma mater, which will help the college explore food safety LeFevre, a Troy firm. initiatives. “I think the College of Food, Agricultural, Ginni used her degree to serve as a Home Economist and Environmental Services, just as the College of Law, Extension agent for Shelby County, Ohio. is really deserving. Both have wonderful faculty and Both Frank and Ginni remain quite active in endeavors administration. Great professors really make them what throughout their community and the state. Ginni has they are today.” served for years as chairperson of the Troy Board of Both Frank and Ginni were raised in the Columbus Zoning Appeals, and also served as secretary of the Miami area. Frank graduated from the old North High School County Facilities Review Board for many years. Both in Columbus, and Ginni graduated from Thomas Frank and Ginni served on the Board of the Dorothy Worthington High School in Worthington. Love Retirement Community in Sidney, Ohio; and Frank At Moritz, Frank started showing signs of being active served on the Board of the Ohio Presbyterian Homes. outside the classroom, which would translate into out-of- Frank just finished 31 years of service as treasurer of the the-office leadership roles following graduation. He was Endowment Fund of the First Presbyterian Church of president of his graduating law class, and later went on to Troy. During that time the Endowment Fund increased be president of the Ohio State Bar Association in 1984- from $67,000 to $672,000. This summer Frank was 85. He also was a 16-year member of the American Bar inducted into the Columbus North High School Hall of Association’s House of Delegates. Fame. The Bazlers each received in 2004 The Ohio State Shortly after finishing his law degree and ROTC University Distinguished Service Award from the Board of training, he received orders to report to Barksdale Air Trustees and last year received the 2010 Ralph Davenport Force Base near Shreveport, La. After two years of active Mershon Award from The Ohio State University Alumni duty as a JAG officer, Frank returned to Ohio and started Association. searching for a town to begin the practice of law. After But despite the countless boards, groups, and examining a number of cities, Frank found Troy, Ohio, organizations that Frank and Ginni have impacted, the where he interviewed with a future partner. He practiced couple admitted that they are most proud of what they will law in Troy at the firm of Miller, Bazler, McAdow, and be able to do for Ohio State. Schlemmer and its predecessor and successor firms for 16 “(Moritz) is a better College than it is being ranked years; while also serving as Troy city solicitor for six years. nationally,” Frank said. “I really think that we should be In l971 Frank accepted an in-house position with Hobart recognized above that and I think the addition of even Corporation in Troy. He stayed there more than 23 years more outstanding professors will certainly help bring about and, when he retired he was the corporation’s corporate the recognition that it really deserves. I hope that we are attorney and assistant secretary. Even after retiring, Frank able to help that effort in some way.”

SPRING 2011 | 73 Pictured at the 2010 Reunion Weekend are (left to right) Erin Chatham-Applegate ’00, Emily Smith ’00, Hollie Foust ’00, Judy Marsh ’00, and Wendy Swary ’00. Reunions: Sept. 10-11, 2010 10 Moritz Classes Celebrate

bout 300 Moritz alumni and guests visited campus on Sept. 10-11 to celebrate Reunion Weekend. Attendees said Save the Date: A they had a fantastic weekend reminiscing, reuniting, and 2011 Moritz College of Law cheering on the Buckeyes’ victory over the University of Miami. The weekend started at New Albany Links on Friday morning Reunion Weekend when alumni, and Moritz faculty and students competed in the 5th Annual Barton Memorial Tournament. Four Moritz students: September 9-10, 2011 Marc Glumac, Austin Irving, Scott Lundregan, and Drew Romig were victorious. Celebrating the classes of 1961, Hundreds of alumni from nearly all of the classes celebrating 1966, 1971, 1976, 1981, 1986, a reunion (1960, 1965, 1970, 1975, 1980, 1985, 1990, 1995, 2000, 1991, 1996, 2001, and 2006 and 2005) gathered at class dinners around Columbus on Friday night. Many of the class dinners this year were at the new Ohio Activities will include: Union. All-Class Cocktail Reception and Saturday started with a Clinic Alumni Event for alumni who Alumni Awards at the Renaissance participated in the College’s Clinical Programs while in law Columbus Downtown Hotel; OSU school. Campus Tours; Outstanding Tailgate Everyone then gathered on the lawn of Drinko Hall for the Party and OSU vs. Toledo Football annual pre-game Reunion Tailgate. Visitors had a chance to catch Game; and the Class of 1961 Brunch up with their fellow alumni and enjoy a great lunch before the hosted by President E. Gordon Gee. game.

74 | Moritz College of Law Reunions ’10 Alumni focus

Numbers: 65 – Number of people who traveled from outside Ohio to 1. attend Reunion Weekend 250 The number 2005 of people The Moritz who attended class with the most alumni class dinners on represented. Friday evening. 2. 2,570 – Roughly the number of air miles traveled (one-way) to get to Reunion 2010 by the weekend’s farthest guest: Jane Steiner Sebens ’90, who visited from Juneau, Alaska.

12 – Number 300 of alumni who The number traveled from the of guests who 3. Washington, D.C., area, the most attended the from any one area Saturday Pre- outside of Ohio Game Tailgate.

1960 – The class with the highest percentage of graduates who made a gift to the College 4.

1. Front row: Melissa Hagen ’90, Honorable Edward Casias ’90, Jane Steiner Sebens ’90, Elizabeth Watters ’90, and Brenda Bowers ’90; Back row: Bret Limage ’90, Patrick Dukes ’90, Ken Webb ’90, Tracy Webb ’90; 2. Richard Jacobs ’80, Tim James ’80, and Thomas Opferman ’80 3. Aneca Lasley ’00, OSU President E. Gordon Gee, and Erin Chatham-Applegate ’00 4. Charlie Kurtz ’65, Stan Purdy ’65, and David Rupp ’65.

SPRING 2011 | 75 ALumni Focus Barton Tournament ’10

Barton Tournament: Sept. 10, 2010

Annual Event Hosted During Reunion Weekend

lumni, students, and faculty teed up at New Albany Links in New Albany, Ohio, for the 5th Annual Barton Memorial A Cup. All proceeds from the golf tournament benefit the Robert K. Barton Memorial Scholarship Fund. The winning foursome included members of the Moritz Class of 2011: Austin Irving, Scott Lundregren, Mark Glumac, and Drew Romig. The best-ball format led the men to finish with a 17-under-par 55.

Left: Pictured is the winning foursome (from left to right): Austin Irving ’11, Scott Lundregren ’11, Mark Glumac ’11, and Drew Romig ’11.

76 | Moritz College of Law Akron Alumni Event Alumni focus

Moritz Alumni Gather in Cincinnati, Akron, Cleveland

Fall Events Attract Graduates in Three Cities

oritz College of Law alumni in the Akron area gathered at Roetzel & Andress in Akron in 2010. The event was M hosted by Ron Kopp ’79, The Hon. Carla Moore ’72, The Hon. Ted Schneiderman ’56, Sean Vollman ’99, and Katy Wiles ’07. W. Craig Bashein ’86 hosted a gathering of Cleveland- area alumni at a Cleveland Indians vs. Boston Red Sox baseball 1. Dean Alan Michaels, David Olson ’78, game. Moritz graduates living in Cincinnati met at Nicholson’s Steve Jemison ’75, and Steve Miller ’84; 2. The Hon. Ted Schneiderman ’56, The Hon. Tavern & Pub for an event hosted by Bob Watkins ’53, Jim Judge Carla Moore ’77, Ron Kopp ’79, Katy Lawrence ’65, Dr. Frank C. Woodside III ’69, Steve Jemison Wiles ’07, and Sean Vollman ’99; 3. Scott ’75, David Olson ’78, Steve Miller ’84, Dan Hendy ’04, Patrick Goldberg ’85 and Florence Murray ’05. 4. Eric Hoffman ’77 and Debbie Hoffman; 5. Julie Woodside ’05, and Leigh Anne Williams Benedic ’07. Chernitski ’09 and Judge Janet Burnside ’77

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SPRING 2011 | 77 ALumni Focus Tailgates

2010 Moritz Outstanding Recent Alumnus

Brandon Lester ’05 was presented the 2010 Moritz Outstanding Moritz Alumnus award. He was joined by his wife, Jennifer, and daughter, Amelia, at the tailgate before the OSU vs. Penn State game.

78 | Moritz College of Law Tailgates Alumni focus

Fall 2010 Tailgates

Moritz Pre-Game Tailgates Again Successful

College Community Reconnects on Football Saturdays

hroughout the 2010 football season, Moritz alumni, faculty, staff, and students continued T to meet at the College’s Barrister Club before Ohio State football games. The tailgates allow Moritz alumni an opportunity to catch up with former classmates and meet new ones. Thanks to everyone 2. who stopped by during the 2010 season and we look forward to the tailgates in just a few months!

1. Nevada Governor Brian Sandoval ’89 and family with Dean Alan Michaels; 2. Anne Frayne ’79 and Martha Rose ’79; 3. Charles Tyburski ’64, and his wife, Nancy; 4. David Orensten ’02, John Marsh, and Charles Kurtz ’65; 5. Anthony Sharett ’02 and Miranda Stephani ’06. 3.

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SPRING 2011 | 79 Congratulations to Judge Dan Shaban ’82 for emerging from a three-way tie (with Sue Williams Case ’68 and Dean Alan Michaels) and winning the 2nd Annual Alumni Face-Off college football picks. Shaban, a Connecticut Superior Court judge in Middlebury, Conn., chose Ohio State in the Sugar Bowl with a combined score of 51 points (just six points off the actual total of 57).

2010 Football picks

moritzlaw.osu.edu/alumni/faceoff10.php for results online

Duane Isham ’53 Sue Case ’65 Erin Moriarty ’77 Dan Shaban ’82 Peter Ellis ’98 Jayme Smoot ’03 Alan Michaels

Retired Counsel, Retired Senior Asst. Correspondent, Judge, Connecticut Partner, Associate, Dean, Moritz Roetzel & Andress City Attorney, CBS’ 48 Hours Superior Court DLA Piper Littler Mendelson College of Law Akron, Ohio Palo Alto, Calif. New York Middlebury, Conn. Chicago Columbus Columbus Tucson, Ariz. Boise State at Virginia Tech Sept. 6

University of Miami at OSU Sept. 11

Penn State at Alabama Sept. 11

Bowling Green at Michigan Sept. 25

Florida at Alabama Oct. 2

LSU at Florida Oct. 9

Ohio at Miami University Oct. 23

Penn State at OSU Nov. 13

OSU at Iowa Nov. 20

Michigan at OSU Nov. 27 To celebrate Black History Month, the Black Law Students Pictured in the photo are (left to right) Shenelle Association sponsored its annual Soul Food Potluck Fabio ’12, Associate Dean Kathy Seward Luncheon. Moritz students, faculty, and staff filled Saxbe Northern, and (far right) Assistant Dean Robert L. Auditorium to try an eclectic mix of dishes. Money raised Solomon II. by the event funds a college scholarship for a Columbus City School student. Nonprofit Org. U.S. Postage PAID Columbus, Ohio Moritz College of Law Permit No. 711 Drinko Hall 55 West 12th Avenue Columbus, OH 43210-1391 moritzlaw.osu.edu

The Ohio State University Moritz College of Law The Ohio State University Moritz College of Law Reunion Weekend September 9-10, 2011

Reunite • Reminisce • Celebrate

The College is pleased to invite the classes of: 1961 1966 1971 1976 1981 1986 1991 1996 2001 2006