Notre Dame Law School NDLScholarship
Notre Dame Lawyer Law School Publications
4-1-2001 Notre Dame Lawyer - Spring 2001 Notre Dame Law School
Follow this and additional works at: http://scholarship.law.nd.edu/nd_lawyer Part of the Law Commons
Recommended Citation Notre Dame Law School, "Notre Dame Lawyer - Spring 2001" (2001). Notre Dame Lawyer. Book 16. http://scholarship.law.nd.edu/nd_lawyer/16
This Book is brought to you for free and open access by the Law School Publications at NDLScholarship. It has been accepted for inclusion in Notre Dame Lawyer by an authorized administrator of NDLScholarship. For more information, please contact [email protected].
Dear Notre Dame Lawyer,
IN THIS ISSUE, we're taking a look at some of the ways in which international law issues have had an increasing impact on our faculty scholarship and, in turn, on our curriculum and on our students. In 1994-95, my final year as a student in this law school, our curriculum - outside of the interna- tional human rights offerings of our Center for Civil and Human Rights and the international law courses taught through the London program - included two courses in 2001 CALENDAR OF EVENTS international law, and the subject rarely came up in other courses except for brief references to various treaties that might have an impact on subjects such as intellectual prop- May 20,2001 September 22, 200 I erty and admiralty law. Commencement Home Football: ND v. Michigan State In just a few short years, however, things have changed CLE Program dramatically. Today, not only has the Law School expanded June 7-10,2001 Post-Game Reception, Student Lounge its curriculum offerings in the international law area through University Reunion 200 I courses like International and Comparative Labor Law, October 6, 200 I International Business Transactions and International June 14, 200 I Home Football: ND v. Pittsburgh Environmental Law, bur courses in more traditional disci- Notre Dame Law Association Reception Post-Game Reception, Student Lounge State Bar of Arizona Annual Meeting plines such as criminal law now incorporate international The Phoenician, Scottsdale, Arizona October 13,200 I law components to reflect the reality that much of what 5 to 6:30 p.m. Home Football: ND vWest Virginia occurs abroad has implications at home, and vice versa. CLE Program Other new courses, such as Cyberspace and the Law, expose June 15, 200 I Post-Game Reception, Student Lounge students to a field in which the law is developing daily to Submission deadline for Notre Dame Lawyer, deal with the complexities of the global Internet. summer issue October 19,200 I For some students, the Immigration Clinic at the Notre Notre Dame Law Association Dame Legal Aid Clinic gives them the opportunity to learn June 29,200 I Board of Directors Fall Meeting about legal issues abroad that affect the ability of citizens of "European Union Charter of Fundamental other nations to legally emigrate to the United States. For Rights:' a conference sponsored by the October 20, 200 I others, internship and service opportunities abroad provide a Human Rights Centre at the University of Home Football: ND v. Southern Cal way to experience firsthand the international law principles Essex, the Notre Dame London Law Centre Post-Game Reception, Student Lounge learned through course work. and the NDLS Center for Civil and Human After you read the articles in this issue, I'm sure you Rights October 20-28,200 I will agree that the increased emphasis on international law Notre Dame London Law Centre, Marian Fall Midsemester Break within faculty scholarship and teaching, as well as within Kennedy Fischer Hall, London faculty and student service, is more than either an interest- November 3, 200 I ing academic exercise or a response to globalization of busi- August 6, 200 I Home Football: ND v.Tennessee ness, crime and orher legal issues. Rather, I hope you will Notre Dame Law Association Reception CLE Program see that international legal issues have become an integral American Bar Association Annual Meeting Post -Game Reception, Student Lounge part of our mission of teaching, scholarship and service, Chicago, Illinois (Location and time TBA) November 17,200 I strengthening the reputation of NDLS both at home and Home Football: ND v. Navy abroad. August 27,2001 Post-Game Reception, Student Lounge Fall 200 I Semester Begins November 22-25, 200 I Yours in Notre Dame, September 15, 200 I Thanksgiving Break NDLA Board - Elections 2002 Deadline for Nominations December 15,200 I Fall Semester Ends September 20-21,200 I Christmas Break Begins 27th Annual Estate and Tax Planning Institute (University and Law School offices closed Century Center, South Bend, Indiana December 22, 200 I, through January I, Cathy Pieronek, Editor 2002) 102 Law School Law School Advisory Council Fall Meeting Notre Dame, IN 46556 For more information on Law School or phone: (219) 631-6891 University events, please contact Cathy fax: (219) 631-9299 Pieronek at the Law School Relations e-rnail: catherine.f. [email protected] Office. or: [email protected] N o li R IE ID A M\ IL A w y IE R
200 1 S P r n g LAW SCHOO FOCUS
International Impact 4
From Comity to Complexity: American Law Adapts to the Global Community Student Service Student Scholarship
FROM THE DEAN 34 STUDENT NOTES FACULTY NOTES Journals Jimmy Gurule Nominated to - Student Service Bush Administration 35 - Trial Teams Editor: Cathy Pieronek 15 Faculty Resources -School Vouchers 38 IRISHLAW SPORTS REPORT 16 Professor Rice Announces Retirement 40 LAW SCHOOL BRIEFS Contributing Authors: 17 Faculty Resource - Faith-Based Seventh Circuit Sits at ND LS James Arrowood, Heather Service Initiatives NDLS Hosts Distinguished Speakers Moriconi, Sean O'Brien, 19 Faculty Resource - Technology and Natural Law Institute Receives Patricia A. O'Hara, Lucy Privacy Support from Olin Foundation Salsbury Payne, Glenn]. 20 Eileen Doran '86 J.D. Honored 41 Indiana Court of Appeals Visits R05swurm Faculty Resource - NDLS Pan Am Flight 103 Trial New Course in Medical Malpractice Principal Photographer: Matt Cashore 21 New Faculty Law for Spring 2001 21 ADMINISTRATOR AND 14th Annual Fr. Mike Talent Show Supplemental Photography: STAFF NOTES 42 News from the Admissions Office Susan Good 22 ALUMNI NOTES 43 News from the Career Services Office 23 In Memoriam 45 News from the Center for Civil and Supplemental Artwork: 24 Ann Claire Williams '75 J.D. - Human Rights u.K. House of Lords Chicago Lawyer Person of the Year 47 News from Law School Relations 27 New Additions 48 News from Law School Advancement Norre Dame Lawyer is 31 REUNION 2001 published for the alumni and 32 NOTRE DAME LAW ASSOCIATION friends of the University of NDLA Business Law Section Notre Dame Law School, Election 2001 Results Notre Dame, Indiana. Election 2002 - Become a Candidate 33 Alumni Support Student Service Address correspondence to: Notre Dame Lawyer 102 Law School Notre Dame, Indiana 46556 Telephone (219) 631·6891 Ion the cover: A sample of the international law Fax (219) 631·9299 scholarship of the NDLS faculty in front of the map of the North Atlantic from the entrance area of Hurley Spring 2001 Hall, which once housed the University's commerce program.
• 3
IF R o M T H E ID A N
ecendy, I received a letter from rhe son of Dean Thomas Konop, who served as dean of Norre Dame Law School from 1923 ro 1941, an 18-year period rhar saw the original consrrucrion of our current building, the establishment of the LAW REVIEW and the formation of the Student Bar Associarion. Dean Konop's son is now 91 years old himself and wrote to share a few reflections abour his father, including the recollection that his father, an immigrant from Czechoslovakia who served three terms in Congress prior to his tenure as dean, was frequendy reprimanded in his Wisconsin grade school for speaking in his native tongue. Dean Konop mighr rake particular pleasure in this issue of rhe NOTRE DAME LAWYER,which highlights the grow- ing international focus of the Law School. Our commitment to internationalizing the study of law precedes rhar of many American law schools - dating at least from the esrablishment of our year-long program in London in 1968. In the decades that have followed, we have strengrhened our internarional programs, adding a summer program in London, the Center for Civil and Human Rights, as well as graduare programs offering both rhe LL.M. and the J.S.D. degrees in international human righrs and the LL.M. degree in international and comparative law. This growth can also be seen in the work of our faculty. Fully a quarter of our faculry now reach and write in the field of international law. Some faculty, such as Professors Paolo Carozza, Juan Mendez, and Dinah Shelton, have devoted their careers to the study of international law. Professor Carozza's reaching and wriring focuses on the European Union; and he serves as a fellow of the Nanovic Institute, which seeks to enhance European studies at Notre Dame by providing a forum for the interdisciplinary discussion and research of key issues in Europe. Drawing on his background as former general counsel of Human Rights Watch and executive director of rhe Inter-American Insritute of Human Rights, Professor Mendez now directs rhe Notre Dame Center for Civil and Human Rights, while also serving on the Inter-American Commission on Human Rights of rhe Organization of American States. Under his leadership, the center recendy obtained a $750,000 grant from the Ford Foundation for research and advocacy on issues relating ro accountability for gross human-rights abuses. Professor Shelton is involved wirh internarional organizations in the fields of both human-rights and internarional environmental law. Her scholarship is respected throughour rhe world, and her work with J.S.D. students recendy led to rhe successful placement of a dissertation with Oxford University Press. Other faculty have also begun to explore international dimensions of their substantive areas of expertise. For example, Professor Tricia Bellia draws on her previous work in the Department of Justice to study rhe legal constraints on countries' efforts to investigare and prosecute computer crimes cutring across internarional borders. Professor Barbara Fick has developed an expertise in the emerging labor movement in central European nations. Professor Eric Smith burn is in the midst of co-authoring a casebook on comparative family law and is a frequent speaker on topics related to international aspects of child custody and ocher issues concerning rhe family. Professor Jimmy Gurule writes and speaks on topics related to inter- narional criminal law in Europe and rhe Americas.He will begin a two year leave-of-absence in the fall to serve as undersecretary for enforcement at the u.s. Treasury Department with responsibility for the Secret Service, U.S. Customs, the Bureau of Alcohol, Tobacco and Firearms, the Financial Crimes Enforcement Network, and the Federal Law Enforcement Training Center. The Law School also hosred a rich mix of programs this past year on international law topics. To name but a sample of the programs: Professor Ronald Mann of the University of Michigan Law School gave a faculty colloquium on the use of credit cards in Japan. His colleague, Professor Brian Simpson, spoke to the faculty on the evolution of England's participation in the European Convention on Human Rights. In anorher faculty colloquium, Professor Inga Markovirs of rhe Universiry of Texas Law School shared her research on Easr German courts before the collapse of rhe Berlin Wall. The Center for Civil and Human Rights sponsored a seminar in Santiago, Chile, in connection with the IOrh anniversary of rhe Chilean Commission on Truth and Reconciliation, as well as a conference on our home campus that focused on accountabiliry in the trearment of prisoners. In student-sponsored initiatives, the Law School hosted a discussion of violence in Northern Ireland and published symposia in rhe NOTRE DAME JOURNAL OF LAW,ETHICS AND PUBLIC POLICY on immigrarion law and on international security. Finally, international students enrich our lives at the Law School, ranging from a long-standing program with the Japanese judiciary to individ- ual students from locations as geographically diverse as Germany and Australia. This past year also saw a team of our students in London finish a close second in the U.K. rounds of the Jessup Moot Court competition, earning accolades for both their written and oral submissions. Taken together, these activities represent a significant investment of resources by the Law School in the area of international law, one on which we will continue to build in the future. Suffice it to say, Dean Konop's Slavic tongue would be most welcome in our corridors today.
Patricia A. O'Hara Joseph A. Matson Dean and Professor of Law he field of international evidence, perhaps, of an understanding that American lawyers who intended to work law has seen tremen- international law could (or should) be to represent multinational concerns. As dous changes recently studied in isolation, using a "comprehen- recently as five years ago, the general inter- in legal scholarship and sive" treatise. national law offerings at NDLS included education. As recently At NDLS too, in study and scholar- one course in how to conduct business as 10 years ago, the law ship apart from the operations of the transactions across national boundaries school curriculum and Notre Dame London Law Programme and another course in understanding legal scholarship treated international law since 1968 and the University's Center for international-law instruments such as as a distinct subject to be studied, in the Civil and Human Rights since 1973,inter- treaties. From time to time, different pro- same way that law schools and legal schol- national law often was treated as a distinct fessors taught comparative law courses that ars treated contracts or torts or criminal idea, confined to one or two courses that explored, largely as an academic exercise, law as distinct subjects. People wrote addressed specific applications of interna- the differences between things like the con- books titled INTERNATIONALLAW - tional law that might be of interest to stitutions of the United States and Russia. indeed, a brief survey of the on-line catalog of the Kresge Law Library indicates 17 dif- ferent books with that title, BY CATHY PIERONEK '84,'95 J.D., DIRECTOR OF LAW SCHOOL RELATIONS LAW SCH 0 0 published between 1901 FOCUS and 1999-
NTERNATIONAL I MPACT • 5
This isolated treatment of international law in many ways reflected the general understanding of the place of international law in American jurisprudence (please see sidebar article, "From Comity to Complexity," on page 9). Today, law professors But today, law professors have found interesting ways to bring international law have found interesting ways principles into the classroom in courses traditionally focused on American law. to bring international law Much of this has resulted from an increase in faculty scholarship in the area of inter- principles into the classroom national law, fueled by the growing realiza- tion that international law is no longer just in courses traditionally a thing or a subject. Rather, international law principles now inform, and even focused on American law. impact, the operation of American law in so very many ways. At NDLS, international law scholar- ship - and, consequently, international practitioners, even if they didn't represent increased international cooperation. This, law teaching - has taken on two forms: multinational corporations or work in of course, implicates foreign laws, such as understanding how foreign laws and inter- multinational law firms. Bur today, those banking regulations that allow drug traf- national treaties might affect the operation words have proven prescient, even for fickers to secret funds away from the reach of the American legal system, from simple scholarship and teaching on the home cam- of the U.S. government, as well as multina- matters of contract to more complex mat- pus, for professors and students who might tional treaties, such as those that govern ters of international crime; and working to never see the inside of a courtroom or the extradition of drug traffickers. help developing democracies incorporate boardroom or classroom beyond American In his writing - including books key principles of our American democracy borders. he has co-authored on INTERNATIONAL into their justice systems and at the same Professor Jimmy Gurule, a renowned CRIMINALLAWand THE LAW OF ASSET time helping America's legal system under- expert in criminal law who will soon join FORFEITURE- and in his courses, stand what it can learn from other legal the Bush Administration as Professor Gurule works to traditions. What these two threads of undersecretary for enforce- educate federal criminal law scholarship share, however, is an under- ment activities in the practitioners on how inter- standing that America - and America's Treasury Department, national law principles affect laws - can no longer function in isolation explains how important their ability to control crimi- in the global community. international law has nal conduct within U.S. Five years ago, in an article in this become to legal scholarship borders. Bur his scholarship magazine celebrating the University's and legal education, even in has also had some impact heightened commitment to international the more traditional legal abroad. His 1998 article education in the form of a new building to disciplines such as criminal in the FORDHAM house the undergraduate, graduate-busi- law. "Modern crime, for INTERNATIONALLAW ness and law programs in London, example, is entirely interna- JOURNALtitled The 1988 Professor Geoffrey Bennett, director of tional in nature. It does UN. Convention Against Illicit Notre Dame's London Law Programme, not respect national bound- Gurule Traffic in Narcotic Drugs and remarked, "Any practitioner now may need aries:' As an illustration, Psychotropic Substances - to be conscious of how easily a problem in he points to drug trafficking. "All of the A Ten-Year Perspective: Is International domestic relations, intellectual property or cocaine consumed in the United States is Cooperation Merely Illusory? was quoted even crime can involve an international manufactured abroad and brought into this extensively by Lord McNally into the dimension. A failure to be conscious of country. All of the money resulting from record of recent discussions in Britain's this element may in the future prove to be the sale of cocaine in this country is trans- House of Lords on strategy for combating not just undesirable, but a flaw in a legal ported elsewhere to avoid U.S. forfeiture drug trafficking. professional's training:' Professor Bennett laws:' The United States has enacted law Technological advances such as the was speaking, of course, of how the offer- after law to try to stem the drug-trafficking Internet, which respects no national ings of the London Law Programme could tidal wave. The solution to the problem of boundaries, have also complicated tradi- help NDLS students become better drug trafficking, however, actually requires tionallegal disciplines, such as intellectual • 6
NTERNATIONAL MPACT
property, constitutional rights and criminal cross-border searches violate international rightly concerned about particular protec- law. Assistant Professor Patricia 1. Bellia law, and whether cooperative arrangements tions afforded defendants in such a tribu- teaches a course in cyberspace and the law, that set forth the circumstances under nal, a scholar examining the treaty from an in which she explores fundamental ques- which such searches are permissible raise international perspective might see those tions about how, if at all, existing legal constitutional difficulties." concerns as something to be worked out rules should apply to new Multinational treaties after the United States comes to the table technologies including the present another area for in support of the court. Internet. Among the issues scholarship, as many treaties, The debate over the ICC also pro- she covers are sovereignty particularly in the human- vides a tangible example of the increasing and jurisdiction in cyber- rights area, affect numerous importance of comparative law scholarship space; legal and technologi- issues on which colleagues in an increasingly global legal environment. cal regulation of on-line may disagree. For example, Professor Rodes points out that most of speech; privacy, anonymity the United States recently the countries that ratified the 1998 Rome and accountability in cyber- ratified the 1998 Statute Treaty operate civil-law justice systems, space; and ownership and of Rome to Create an while only a few nations, such as the protection of digital intel- International Criminal Court United States, the United Kingdom and lectual property. (ICC). Professor Gurule other former members of the British In her forthcoming points out that the treaty Empire, operate common-law justice sys- article, Chasing Bits Across Bellia presents issues that should tems. Scholars like Professor Gurule and Borders, Professor Bellia concern the Professor Mendez, explores "how the widespread use of the American justice system, such as working from their Internet presents new challenges for law whether defendants will be afford- diverse perspectives, enforcement officials, who will increasingly ed all of the protections currently will help formulate find that evidence of criminal activity is enjoyed under the fourth, fifth and the parameters for stored on computers located across interna- sixth amendments to the U.S. debate regarding the tional borders." Far removed from any type Constitution. On the other hand, actual operation of of search-and-seizure ever contemplated by Professor Juan Mendez, director the ICC and, in so America's Founding Fathers, such techno- of the University's Center for doing, will help build logical capabilities could permit one nation Civil and Human Rights, has a bridge of under- to conduct a "remote cross-border search" urged U.S. ratification of the standing between the into computers resident in another nation. treaty as a "demonstrable commit- nations involved. And, indeed, some countries have already ment to making international In other areas, argued for the right to use computers with- human rights a domestic reality:' Mendez comparative-law in their borders to examine data stored in As Professor Robert E. Rodes Jr. studies can help solve computers in other countries as a necessary explains, support for the ICC really actual, practical problems faced by citizens aspect of combating computer-based crime. depends on the perspective from which of different countries who enter into trans- Professor Bellia comments that her article a scholar studies the issue. Whereas an actions with one another. Professor J. Eric will "evaluate whether such unilateral American criminal-law scholar might be Smithburn, for example, has long studied family-law issues from a comparative per- spective, and is co-authoring a book with law professors from England, Scotland Technological advances such as and Australia titled FAMILYLAW:A COMPARATIVEApPROACH. Professor the Internet, which respects no Smithburn notes that "more and more national boundaries, have also issues involving comparative law and con- flict of laws are ending up in our courts. complicated traditional legal This is the reality that calls for a practical application of substantive comparative law disciplines, such as intellectual (in areas such as family law and criminal law), which, of course, has always been an property, constitutional rights exciting and rigorous academic exercise:' Such scholarship now goes beyond mere and Criminal law. academics and may help to settle interna- tional family-law controversies like the recent Internet adoption of Missouri-born • 7
Alexandre Kiss, and PROTECTING HUMAN RiGHTS IN THE AMERICAS,co-authored with Thomas Buergenthal. The British Law Commission, chaired by Honorable Mr. Justice Carnwath, used extensive portions of her book, REMEDIESIN INTERNATIONALHUMAN RiGHTS LAW,in developing the Report on Damages under the Human Rights Act of 1998, which ana- lyzes the potential for courts in the United Kingdom to award damages under the new law. That book also earned Professor Multinational treaties Shelton a prestigious book prize last year from present another area for the American Society of International Law. scholarship, as many treaties, For Professor Carozza, "international particularly in the human- and comparative legal rights area, affect numerous subjects at Notre Dame provide the students and issues on which colleagues me with the fascinating but difficult challenge of exploring ways to may disagree. address the increasingly Smithburn extensive common prob- lems of a radically plural- istic world:' He finds the environment at twins by couples in both California and the world how to effectuate real changes in NDLS particularly conducive to studying England. countries struggling toward grand notions such problems, because of the strong The scholarship of the faculty and of democracy or working toward justice emphasis, consistent with the University's students at the Center for Civil and Human on a more fundamental level through, for and the Law School's Catholic identity, on Rights takes the study of international law example, restoration of property rights human rights "as one of the foundations for to its most tangi- and guarantees of basic civil rights. an international culture that protects and ble form, making As a young lawyer in South America, promotes the dignity of each human being impressive contri- Professor Mendez suffered arrest, torture as created in the image of God." In some of butions to the and administrative detention at the hands his scholarship, he studies human rights world community. of a corrupt Argentinian military dictator- from a comparative-law perspective. For The work ship because he worked for labor reform example, his 1998 article in the NOTRE at the center and represented political prisoners. Since DAME LAW REVIEW,Uses and Misuses of goes beyond his release and subsequent exile to the Law in International Human Rights: Some academic exercis- United States, he has focused his efforts Reflections on the European Court of Human es and even on human-rights issues in the Americas. Rights, addresses the utility of comparative- preparing compe- In particular, he has worked to reform the law perspectives in fashioning human- tent practition- inter-American system of human rights rights laws around the world. ers; rather, the protections, and has spoken and written The center was also a principal Rodes work aims on these efforts at numerous conferences in sponsor of a conference titled "Truth to make real the Americas and overseas. Commissions and New Challenges in the changes in systems of government that Both Professor Dinah Shelton and Promotion of Human Rights;' held in deny citizens their basic civil and human Associate Professor Paolo Carozza have Santiago, Chile, in mid-April to commemo- rights. worked with various nongovernmental rate the 10th anniversary of the publication The faculty at the center have signifi- organizations on international human- of the report of the Chilean Truth and cant experience with the legal systems of rights issues. Professor Shelton's recent Reconciliation Commission. In that con- other countries. They use that experience books include INTERNATIONAL ference, lawyers, scholars, journalists and to study and to teach students from all over ENVIRONMENTALLAW, co-authored with human-rights activists discussed the work • 8
NTERNATIONAL MPACT
of more than 20 similar commissions that University of Durban-Westville in South work through his family's personal tragedy, have been established in other troubled Africa, Professor ]aichand decided to study while at the same time developing princi- nations including Argentina, EI Salvador, the restitution of land ples for constitutional reforms Guatemala and South Africa. They also rights in South Africa. that would restore property examined the specific effects of such com- Although the topic itself rights in his homeland. missions on human rights and democracy has great importance to In reflecting on this schol- in their respective countries, new develop- the interpretation of the arship, Professor Rodes sum- ments in international human-rights law, new constitution in his marizes what is perhaps the and proposals for new strategies to educate native land, which is in most important facet of inter- people on human the midst of its struggle national scholarship at NDLS rights in light of out of the long- - that is, its impact."To the commission's entrenched system of think that I, while sitting on findings. apartheid, the idea for the this beautiful campus with my Participants research grew out of a feet up on my desk, can help included very personal experience. dismantle the tragic effects of Professor In 1968, when he was a Carozza apartheid - well, it's a real Mendez, young child, Professor upper!" More than just giving Ronalrh Ochaeta ]aichand's family was evicted from their professors a personal "high;' however, inter- '94 LL.M., now home in the Natal district of South Africa. national law scholarship at NDLS has the Guatemalan Their house had been expropriated as a made an impact - on the curriculum ambassador to result of South Africa's Group Areas Act of through which we train our lawyers, on the Organization 1966. As Professor Rodes describes it, our understanding of American legal prin- Shelton of American Professor ]aichand's RESTITUTION OF ciples, and on passionate efforts around the States, and for- LAND RIGHTS workbook is the "thesis of world to ensure justice and dignity for all mer Chilean presidents Patricio Aylwin, his house:' It gave him an opportunity to people. Felipe Gonzalez and Raul Alfonsin. Even the students in the center have produced scholarship that has had an impact on the struggle for democracy and individual rights. Professor Rodes has had the opportunity to work with some of the center's students, and has served as disser- tation advisor for four doctoral (J.S.D.) candidates. The students with whom he works, by and large, focus their writing on ways to achieve human-rights protections back in their home countries and address problems that concern the students in very personal ways. Several students have addressed issues of women's rights in Bangladesh and in South Africa, while another has tackled the complex issue of international debt. Each teaches Professor Rodes about the value of this type of schol- arship:"It's amazing how much I learn Several students have from these students, in working with them on their research and writing:' To some addressed issues of women's extent, it has informed his own scholar- ship, which is rooted in English legal his- rights in Bangladesh and in tory, ecclesiastical law and jurisprudence. The very first doctoral dissertation in South Africa, while another has which Professor Rodes was involved, by Vinodh ]aichand '87 LL.M., '96 ].s.D., tackled the complex issue of illustrates just how important this type of scholarship is. Now a law professor at the international debt. • 9
FROM COMITY TO COMPLEXITY: AMERICAN LAW ADAPTS TO THE GLOBALCOMMUNITY
For most of western history, the extraterritorial effect of national law was a understood what it means to be one among the many nations on earth.") matter of slight concern to all but a few specialists. The courts operated, inter- This case reflects a certain simple understanding of the world at the end nationally as well as nationally across state lines,under the principle of comity. of the 19th century, building on legal principles, such as comity,that had not Likewise,businesses operated under the principle that their conduct was gov- been questioned since the birth of the Republic and that would remain signifi- erned by the law of the place in which that conduct occurred. For hundreds of cant into the early 20th century. With some significant exceptions,America's years, these simple principles governed the operation of the law. Thus, a con- laws applied to people in America, just as Oregon's laws applied to people in tract entered into in France, relevant to business operations in France, would Oregon. America's laws could apply to people (even Americans) in Belgium be governed by French law,regardless of whether both parties to the contract only if Belgiumagreed; Oregon's laws could apply to people (even Oregonians) were French citizens or not. in California only if California agreed. The world, however, has seen major advances in communications, travel But in the early- to mid-20th century, according to Professor Robinson, and commerce that have, in many ways, changed the view of courts and busi- two forces worked to erode this simple principle. First,"[m]assive advances in nesses regarding the extraterritorial application of the law. This has added a communications and in transportation were revolutionizing political and com- level of complexity to even the most fundamental areas of legal scholarship and merciallife in ways that had a substantial impact on how extraterritoriality education, including in the areas of contracts, criminal law,commercial law and would be understood.'" Second,"[t]he highlyconceptualistic way of thinking civil procedure. embodied in ... Pennoyer gave way to a vastly more functional way of thinking What happened to cause this shift from the simple principle of comity to among those judges influenced by legal realism and other 20th-century trends.'" the more complex operation of laws and legal systems today? Why does it Thus, courts began to acknowledge that some laws could have extraterritorial seem that extraterritoriality has become important almost overnight? application in some circumstances. In particular, as Professor Robinson writes, In a recent article in the JOURNAOfL COLLEGEANDUNIVERSITLYAwaddress- "the effects of extraterritorial conduct began to rival the place where the con- ing the extraterritorial application of American law,NDLS Associate Professor duct occurred" when determining the extraterritorial application of a law. of LawJohn H. Robinson '72 M.A.,'75 Ph.D.,reflects on how the courts have Thus, by the end of World War II,extraterritorial application of the law shifted their understanding over the course of the last became more common. "As isolated nation-states [gave] way to an interde- two centuries regarding whether and how the laws of pendent world, the territorial principle [became] just one of many principles by one nation - or, in the case of the United States, one which the legislativeand judicial jurisdiction of any nation's laws were deter- state - might reach into dealings in another nation, or mined.'" InAmerica, in particular, courts determined whether U.S.laws applied another state. He begins his article with a discussion of outside America's borders by attempting to ascertain whether Congress intend- that staple of first-year civil procedure courses, ed for those laws to have that effect and by applyinga general standard of rea- Pennoyer v. Neff.' sonableness, as described by the 1986 RESTATEMENTOfTHEFOREIGNRELATIONS At the risk of uncovering long-repressed memo- LAwOf THEUNITEDSTATES. ries of the first semester of law school, the facts of the The current movement toward treaty-based multinational solutions to case bear repeating to provide a framework for the extraterritoriality problems reflects a new and relatively recent understanding changes in American legal theory - as well as legal that conduct inAmerica might have implications abroad, and conduct abroad scholarship and education - that have occurred in might have implications inAmerica. The trend also reflects an understanding recent decades. The case began in 1865 with a lawsuit over unpaid legal fees, that lawyers,as professionals, must understand and appreciate the place of the and later developed into a dispute over property in Oregon claimed by two globalization of commerce inAmerican life. As Professor Robinson comments, competing individuals. Marcus Neff,a California resident, contended that he "the current generation of [21st-century] lawyers will have to function as a had not received proper notice of the lawsuit,which ultimately resulted in the bridge between a past that we can barely understand and a future that we can sale of his Oregon property to satisfy the Oregon court's default judgment scarcely imagine.'" Current legal scholarship, however, helps to ensure that against him. In 1874,Mr.Neff sued the purchaser, Sylvester Pennoyer, in the Notre Dame lawyers will be well prepared to adapt to that future. U.S.District Court for the District of Oregon, which found for Mr.Neff on technical grounds. Mr.Pennoyer petitioned the U.S.Supreme Court for review Cathy Pieronek '84, '95 J.D. of that judgment. The Supreme Court affirmed the district court's decision, but Direaor of Law School Relations on different grounds. The Supreme Court declared void the judgment of the Oregon state court. Writing for the Court,Justice Stephen Field stated that the state of I 95 U.S.714 (1878). Oregon had had no authority over Mr.Neff in the suit over the unpaid legal 2 John H. Robinson, The Extraterritorial Application of American Law: fee. As Professor Robinson writes,"For Justice Field it followed ... that 'the Preliminary Reffections, 27 J.e. & U.L. 187, 188-89 (2000)(quoting laws of one State' (and here he meant Belgiumas much as he meant Oregon) Pennoyer, 95 U.S.at 722). 'have no operation outside of its territory, except so far as it is allowed by 3 Id. at 189 (citing Pennoyer, 95 U.S.at 734-36). comity.' It followed also that no court could 'extend its process beyond [its] 4 Id.atI93. territory so as to subject either persons or property to its decisions"? 5 Id. Professor Robinson continues,"While Justice Field felt compelled to qualiff 6 Id. at 194 (emphasis added). those grand assertions, he felt no compulsion to justiff them. They were to 7 Id. at 195. him self-evident, and he thought they would be self-evident to anyone who 8 Id. at 200. Jnternational mpact- Student Service
The international impact of NDLS extends beyond scholarship, into practical experiences for students and faculty alike. With the support of the Center for Civil and Human Rights, third- year law student Sean B. O'Brien '95, of Arlington Heights, Illinois, had an unusual and meaningful "summer associate" experience as he traveled to Ireland during the summer of 2000 to work on the Bloody Sunday Inquiry.
past summer, I spent two incredible o ths as a summer associate at the el ast firm of Madden & Finucane 01 itors, working on the Bloody Sunday I iry. In January of 1998, Prime Minister o Blair declared in front of the House o ... that a Tribunal be established for inquiring into a definite matter of urgent public importance, namely the events on Sunday, 30 January 1972, which led to loss of life in connection with the procession in Londonderry on that day, taking account of any new information relevant to events on that day. With these rather cold and euphemistic words, the Prime Minister established what international human-rights organiza- tions, the United Nations, the Irish govern- ment, the European Parliament, the United • II States president and Congress, and, more Sunday team, representing the majority of tended toward a Protestant majority. I importantly, what the people of Derry, the families of the dead and wounded couldn't talk to any of the other students in Northern Ireland, had been demanding for before the new inquiry. the dorm about the work I was doing, and over a quarter of a century: an inquiry into I worked on a discrete area of the I certainly didn't share my work with my the massacre of 13 Catholic civil-rights case: the issue of venue, or from where the cab drivers or anyone I met on the street. marchers in Derry on that crisp and clear soldiers will testify. The present inquiry - Many areas of Belfast were "off limits" to January afternoon that will always be called the Saville Inquiry, after Lord Saville, me; even today, a person named "Sean known as Bloody Sunday. who serves as the chair - sits in Derry, O'Brien" cannot expect to have safe access For nearly 30 years now, the people of where the events in question occurred. to all of Belfast. Only the British Army Derry and the families of the dead and The soldiers, however, do not wish to give helicopters that hover above the city day wounded from Bloody Sunday have been their testimony in Derry but, rather, in and night have full access to all of Belfast asking, "Why?" Why did this happen? London, possibly even through a video with their surveillance cameras and listen- Why were the fiercest fighting units of the hook-up. They claim that they are afraid ing devices. entire British Army - the "Paras" - for their safety if they have to return to The client contact, their witness over called into Derry that afternoon? Why did Derry. Most of my work on this issue the past 30 years and their courage in a peaceful anti-internment march end in involved reading transcripts of their depo- attending each day of the inquiry made the the killing of 13 unarmed Catholic civil- sitions and their various public statements experience extremely positive for me. But ians? If the Paras were there simply to over the years to determine if the soldiers I think it also speaks volumes about the arrest marchers, why did a running gun previously had expressed any kind of fear. future. The Saville Inquiry, as any truth battle erupt in which British soldiers As you may guess, the overwhelming commission, is about reconciliation. And, chased and killed 13 unarmed Catholic majority of them had not. as Garth Meintjes '91 LL.M., associate civilians? Why? I was also able to visit the Saville director of the CCHR, has said, reconcilia- The current Bloody Sunday Inquiry, Inquiry and witness several days of the tion is really an agreement to institutional- set up through the peace process - per- opening statement made by Christopher ize the conflict. I witnessed several haps as a gesture toward Catholics in the Clarke, Q.c. I also served as an observer in examples of this reconciliation. The North - is not the first investigation into a delegation of international human-rights Bloody Sunday office at Madden & the events of that day. But it is the first monitors at the Drumcree Orange marches Finucane is staffed nearly entirely by young reputable investigation. Two days after the in Portadown in July. people, many of whom are putsuing their massacre in 1972, then-Prime Minister But of all the things I did, the most law degrees. Many grew up in West Edward Heath summoned Lord Widgery lasting experience for me was the chance to Belfast, where their lives and the lives of to Downing Street, asking Widgery to actually meet the families of the dead and their families were severely affected by the chair a tribunal of inquiry into the events wounded. It happened at a client meeting violence of "The Troubles" that marked of Bloody Sunday. A letter describing their in Derry one day after the Inquiry let out. their neighborhoods over the past three meeting has recently been released by the Peter Madden introduced me to the clients, decades. But instead of taking their pain Public Record Office in London, after but then surprised me by asking me to and anger to the streets, they channel their being kept secret for 30 years, in which the share my thoughts with them. I shared energy into working for accountability. Prime Minister reminded Lord Widgery with them that I hoped that, on a good Furthermore, a couple of the young lawyers that "it had to be remembered that we were day, they were able to feel the support of at the firm actually began their legal studies in Northern Ireland fighting not only a people around the world who are following "on the inside;' while serving sentences as military war but a propaganda war:' These the case and who, for nearly 30 years, have political prisoners. Knowing firsthand menacing words confirm what most who been wishing them well. The next week, as what it is to live without basic legal protec- have read the report of the Widgery I entered the Inquiry with the legal team, a tions, they now work to create a culture Tribunal have known for years: that the tri- few of the family members gave me little that respects human rights. bunal was severely flawed in its conception, waves and a "thumbs-up" as I assumed my Witnessing the involvement of the in its procedure that ignored the state- seat. Even in doing this kind of work - young and of former participants in "The ments of 700 witnesses to the massacre, legal work - what one receives so out- Troubles;' I feel a tremendous hope for the and in its result - finding that the weighs what one is able to give. possibility of reconciliation in the North. British Army was not responsible for That little sign of support made a big The success of the Bloody Sunday Inquiry the shootings. difference in my life in Belfast. Belfast is depends on their involvement. And, per- At this point, I could go into the his- still a very intense place to live. We worked haps more importantly, the possibility of tory of Bloody Sunday - the theories of under rather tight security in downtown further investigations into the human- what happened and why - but I am more Belfast, at the base of the Falls Road in a rights abuses of the past 30 years depends qualified to share directly from my own majority Catholic area. However, I lived at upon the success of the current inquiry. experiences. In my two months at Madden Queens University on the other side of & Finucane, I was assigned to the Bloody Belfast, in an integrated part of town that - Sean O'Brien, 3L • 13 IF A c Contact information for individual faculty charge alleges that the officers used the Aid Clinic since 1997, announced that she members is available on the Law School's LAPD as an instrument in their criminal will be leaving NDLS at the end of the aca- web site at www.nd.edu/-ndlaw/faculty/ enterprise. He carefully distinguished this demic year to join the law faculty at Boston faculty.htm!. The site provides hot links charge from the idea that the LAPD itself College. with each faculty member's e-mail address, actually was the criminal enterprise. • FERNAND N. "TEX" DUTILE '65 as well as regular mail and telephone Professor Blakey also commented on ).D. spoke on "Thinking About Law (and information. the use of the RICO statutes against Law Schools)" to pre-law students at Saint recently pardoned fugitive Marc Rich in a Mary's College in November. Later that • JOSEPH P. BAUER discussed Election front-page story in the February 12, 2001, month, he addressed faculty and students 2000 on the South Bend airwaves in a edition of the SOUTH BEND TRIBUNE. He in the University's Mendoza College of number of appearances in December on believes that the charges were appropriate, Business at a "brown bag" luncheon talk on the local CBS television and radio affiliates. and that the proper place to dispute the "The Faculty Board on Athletics and the He has published the 2001 annual applicability of RICO to Mr. Rich's con- NCAA Faculty Rep:' supplements to the 11-volume series, duct would have been in court, rather than Kintner & Bauer, FEDERALANTITRUST through the pardon process. • BARBARA). FICK wrote four chap- LAW (Anderson Publishing Co.). ters - "Hiring Employees.Tl.aws Affecting • GERARD V. BRADLEY was quoted Employees.t''Terrninaring Employees;' and • PATRICIA L. BELLIA presented an about the application of Ex Corde Ecclesiae "Maintaining a Safe Place of Business" - article titled Chasing Bits Across Borders at a to Catholic colleges and universities in an for the 2000 edition of the ABA's Legal symposium on "Frontiers of Jurisdiction" article in the January 7, 2001, edition of the Guide to Small Business. held at the University of Chicago Law OMAHA WORLD-HERALD that focused on She commented on the case of School on November 11,2001. Later the Archdiocese of Omaha and issues rele- National Labor Relations Board v. Kentucky that month, along with Professor Laszlo vant to theology at Creighton University. River Community Care in an article titled Barabasi of the University's Department of He also commented on the "Unborn Hard Bargaining: High Court Takes on Highly Physics, she spoke on "Winners and Losers Victims of Violence" bill currently before Charged Issues of Nursing Duties vs. Union on the Web" at a faculty tea for Notre the House Judiciary Subcommittee, which Eligibility in the February 26, 2001, edition Dame professors and scholars. would establish criminal penalties for any- of MODERN HEALTHCARE;and in With All Also in November, she appeared on one who injures or kills a fetus while com- Due Deference: What Constitutes the Exercise South Bend's WSBT-TV in connection mitting certain federal offenses. The bill of "Independent Judgment" in the Workplace? with a two-part news special on "The Dark has been attacked by various abortion- An Analysis ofNLRB v, Kentucky River Side of the Internet;' which addressed rights groups, who fear the measure Community Care, published in PREVIEW employer monitoring of e-mail and on-line because it would recognize unborn life as OF UNITED STATESSUPREMECOURT profiling by web advertisers. In February, a person who independently could be a CASES. The case concerns whether certain she was interviewed on WJR-AM radio in victim of a crime. In an article by Judy nurses, who have supervisory duties, are Detroit, Michigan, on Kyllo v. United States, Holland titled Crime-Bill Battle Looming, prohibited From joining a collective bar- a case pending before the U.S. Supreme distributed nationally by the Hearst gaining unit.The Sixth Circuit has ruled Court concerning the constitutionality of Newspapers Syndicate, Professor Bradley that certain nurses, as supervisors, are not thermal-imaging devices. commented that the proposed law would protected by the National Labor Relations not be unconstitutional because the • G. ROBERT BLAKEY '57, '60 ).D., in Act and, as such, are not eligible to join Supreme Court has never ruled that an article titled RICO Viewed as Cop Suit unions. the unborn are not persons. Sidelight, in the September 25, 2000, edition • NICOLE STELLE GARNETT of THE NATIONALLAWJOURNAL, com- • SISTER DEBORAH M. CERULLO, published The Road from Welfare to Work: mented on the propriety of using RICO in S.S.N.D., published The Virtues of the Informal Transportation and the Urban Poor, Guerrero v. Gates, a case in which the plain- Vows in the October 7, 2000, edition of in the winter 2001 edition of Harvard's tiffs alleged mistreatment at the hands of AMERICA. JOURNAL ON LEGISLATION. Los Angeles Police Department officers. Sister Deborah, who has been an With Richard W. Garnett, she Professor Blakey noted that the RICO associate professional specialist and super- presented "School Choice and the First vising attorney at the Notre Dame Legal • 14 FA C U LTY N o T E s Amendment" at a program sponsored by the Program on the Social Organization of Schools in the University's Institute for JIMMY GURULE NOMINATED TO Educational Initiatives, of which she is a BUSH ADMINISTRATION faculty fellow. She spoke on "The Dual Vocation to President George W Bush has nominated Professor Jimmy Gurule to be the undersecretary for enforcement the Workplace and Motherhood" at an in the Treasury Department In this position, which is one of three undersecretary positions in the depart- April 5, 2001, program on "The Catholic ment, Professor Gurule will report directly to the deputy secretary for the Treasury Department and be Woman:What Is My Vocation?" sponsored responsible for the Secret Service, Customs, the Bureau of Alcohol,Tobacco and Firearms, the Financial by the St.Thomas More Society and the Crimes Enforcement Network, and the Federal Law Enforcement Training Center. Schubrnehl-Prein Endowment at the Professor Gurule had served as an advisor to the Bush-Cheney transition team to assist in presidential University. appointments to the U.S.Department of Justice. In that capacity,he drafted brief position papers on various • RICHARD W. GARNETT con- criminal-justice issues that could arise during confirmation proceedings for presidential appointees to the tributed his comments on the postelection DOJ. The 50-member committee was chaired by former New York Congressman BillPaxson and included legal battles, regarding the power and force four former attorneys general- Edwin Meese,William Barr,Richard Thornburgh and Griffin Bell- as well as of Supreme Court decisions, to an article former FBIDirector WilliamWebster, former DEA head Jack Long,and Ted Olson, one of the attorneys who titled Though Technically Unenforceable, represented George W Bush during the election proceedings in Florida. Supreme Court's Rulings Rarely Defied, distrib- An internationally known expert in the field of complex criminal litigation,Professor Gurule joined the uted on December 1, 2000, by the Notre Dame Law School faculty in 1989,became a full professor in 1996,and served as associate dean for Newhouse News Service. He addressed academic affairs in 1998-99. He earned his BA from the University of Utah in 1974,and his J.D.from the the interplay between states' rights and fed- University of Utah College of Law in 1980. A member of the Utah Bar since 1980,Professor Gurule has eralism in an editorial by David Reinhard worked in a variety of high-profile public law enforcement positions including as a trial attorney with the titled Civics 101: Presidency is a Federal Office Department of Justice inWashington, D.C. (1980-82), deputy county attorney in the Salt Lake City Attorney's in the December 3, 2000, edition of the Office (1983-85), assistant U.S.attorney and deputy chief of the Major Narcotics Section of the Los Angeles PORTLANDOREGONIAN. He was quoted branch of the U.S.Attorney's Office, and as assistant attorney general with the Department of Justice's Office in an article titled Justices, In Effect, of Justice Programs inWashington, D.C. (1990-92). Among his many successes in prosecuting complex crimi- Determined Winner, in the December 17, nal cases around the country, he engineered the conviction of those responsible for torturing and brutally 2000, edition of THE PHILADELPHIA murdering a Drug Enforcement Administration special agent in Mexico. INQUIRER. The article addressed whether Professor Gurule has concentrated his teaching and scholarship in the area of criminal law,teaching cours- the judicial decisions by the Florida es in complex criminal litigation, criminal law,criminal and scientific evidence, and international criminal law. Supreme Court and the U.S. Supreme Court could be viewed as political or ideo- He has frequently participated in conferences and on committees designed to study the problem of organized logical actions rather than as interpreta- crime. He has traveled extensively throughout eastern Europe discussing the problems of organized crime in tions of the law. He also participated in the former Soviet Socialist Republics. He is a member of the advisory board of the National Criminal Justice election discussions on the South Bend air- TrialAdvocacy Competition (since 1990) and a member of the LEXIS-NEXISAdvisoryBoard for Criminal waves in a number of appearances in Justice Publications (since 1998). December on the local CBS television and He has received many honors for his work including the Attorney General's Distinguished Service Award radio affiliates. and the Drug Enforcement Administration's highest award, the Administrator's Award. The U.S.attorney gener- He co-authored an amicus brief in The al honored him in 1991 with the prestigious Edmund J. Randolph Award, and in 1992 with the Award for Good News Club v. Milford Central School, a Excellence in Management case before the Supreme Court on appeal As a prominent member of the Hispanic legal community, Professor Gurule was honored in 1997 as one of from the Second Circuit that involves 12 Hispanics nationwide named "Pillars of a Just Society:' a program that recognizes professors, attorneys and issues of whether a school district can pro- judges who have served the cause of justice in the Hispanic community. He has also served as faculty advisor hibit a religious group from using school to the Hispanic Law Students Association, as a member of the advisory board to the University's Latino facilities normally open to the public after Studies Program (since 1997) and as a member of the editorial advisory board of the HARVARDJOURNALOF school hours. Professor Garnett received HISPANICPoucy(since 1996). some good news in a death-penalty case in which he was involved before the Arizona Professor Guru/e may be reached at (2/9) 63/-59/7, or by e-mail at guru/e./@nd.edu. Supreme Court, which ruled that his client, who was on death row, had received ineffective assistance of counsel at trial. sentence, and that the mitigating evidence He published Taking Pierce Seriously: Specifically, the court noted that the trial would have been substantially the same in The Family, Religious Education, and Harm to attorney had failed to present mitigating his client's case. While the court did not Children, in volume 76 of the NOTRE DAME evidence at sentencing, that the admitted vacate the sentence outright, the ruling LAW REVIEW,and a commentary titled killer (the client's brother) had such gives some hope that the client's sentence Misguided Voucher Verdict in the December evidence presented and received a life might be changed to life in prison. 14,2000, edition of THE WASHINGTON • 15 FA C U LTY N o T E s TIMES. The essay discussed the Sixth the Social Organization of Schools in the Professor Gurule provided commen- Circuit's recent holding that the school- University's Institute for Educational tary to various national media outlets on voucher program recently implemented Initiatives, of which he is a faculty fellow. current events in the law including in the in Cleveland, Ohio, violates the following: Back Doors and False Fronts - • JIMMY GURULE published the Establishment Clause. He also published Forfeiture Package Offers Minimal Reform, second edition of his treatise, COMPLEX What Are the Limits on Warrantless Drug Some Say in the May 22, 2000, edition of CRIMINAL LITIGATION: PROSECUTING Testing of Pregnant Women, commenting THE KANSAS CITY STAR; Court's Apprendi DRUG ENTERPRISESAND ORGANIZED on the case of Ferguson et al. v. City of Hate Crime Decision May Have Broad Impact CRIME (Lexis Law Publishing) in January. Charleston, in PREVIEW OF UNITED STATES on Sentencing in the June 28, 2000, edition of The 1996 edition of that book was cited in SUPREME COURT CASES. He commented THE LEGALINTELLIGENCER;Ruling Could a RICO case, United States v.Cooper, 91 F. on that case in an article titled Court Hears Spur Sea Change in Sentencing in the June 28, Supp, 2d 60 (D.D.C. 2000). He also pub- Drug- Test Arguments in the October 5, 2000, 2000, edition of AMERICANLAWYER lished The 1998 Rome Statute Creating an edition of THE WASHINGTON POST as MEDIA; In Striking N.j. Hate-Crimes Law, International Criminal Court: Is the jurisdiction well. Court May Trigger Sentencing Review in the of the Court Truly Complementary to National Professor Garnett published July 3, 2000, edition of the NEW JERSEY Criminal jurisdictions? in AMICUS CURIAE, Lieberman Talks the Talk; Bush Lives It, a LAWJOURNAL; and Ramseys Hope the journal of the Society for Advanced commentary on Senator Lieberman's Questioning Ends Suspicion in the August, 25, Legal Studies at the University of London. pre-election speech at Notre Dame, on 2000, edition of USA TODAY. Also in January, James Publishing released National Review Online. The commentary His 1998 article in the FORDHAM the January edition of THE FEDERAL was also excerpted in the October 29, 2000, INTERNATIONALLAWJOURNAL titled The FORFEITUREGUIDE, a publication authored edition of the Los ANGELES TIMES. He 1988 UN. Convention Against Illicit Traffic in by Professor Gurule that summarizes published a guest comment on National Narcotic Drugs and Psychotropic Substances - recent federal appellate and district court Review Online, April 2, 2001, regarding the A Ten-Year Perspective: Is International civil and criminal forfeiture decisions. issues in McCarver v. North Carolina, a case Cooperation Merely Illusory? was quoted He spoke on "The Civil Asset before the Supreme Court on the issue of extensively by Lord McNally in recent Forfeiture Reform Act of 2000: Ducking whether execuring a mentally retarded per- proceedings in Britain's House of Lords the Tough Issues Towards Real Reform" at son violates the Eighth Amendment as discussing strategy for combating drug the National Economic Crime Summit in cruel and unusual punishment. trafficking. Austin, Texas, in May 2000. He spoke at a conference on "A • WILLIAM P. HOYE served as aurhor Culture of Death;' sponsored by the Notre and judge for a mock trial of the case of Dame Center for Ethics and Culture on Sunnybrook v. Immaculate Heart, held in campus in October. He presented: "A Few St. Louis, Missouri, at the National Thoughts on the Meaning of the Universe FACULTY RESOURCE - Conference of the University Risk and the Mystery of Human Life" to a meet- SCHOOL VOUCHERS Management and Insurance Association. ing of the student pro-life group jus Vitae With Dr. Gary M. Rhodes of the on January 31; and "Law or Prepossessions? University of Southern California, he Fifty Years Later: John Courtney Murry, Assistant Professor of Law Rick Garnett is a fac- published An Ounce of Prevention Is Worth the Constitution, and the Common Good" ulty resource for the University on the topic of ... The Life of a Student:Reducing Risk in at a conference on "Religion and the Public school vouchers. He believes that choice-based International Programs in volume 27, issue 1 Good" at St. John's University Law reforms are needed to meet of the JOURNAL OF COLLEGEAND School in November. In early the social justice goals of the UNIVERSITYLAW. He also wrote What a February, he participated in a sym- Supreme Court's landmark Difference a Millennium Makes: Tort Litigation posium sponsored by the decision in Brown v. Board of in Higher Education, Circa Y2K for WEST'S MINNESOTA LAW REVIEW on "The Education. In that ruling,the EDUCATION LAW REPORTER, vol. 147, no. 3 Freedom of Expressive Association;' Court "promised equal educa- (December 7, 2000). serving on a panel discussing tion opportunity to all chil- As chair of the University's Task "Religious Freedom and Institutional dren, regardless of race;' Force on Anti-Sweatshop Initiatives, he Autonomy: Free Exercise, Professor Garnett comment- helped to organize the formational meeting Establishment and Expressive Association:' ed. "As a nation, we have failed to make good on of the Living Wage Association, held The essays from the symposium will be that promise. Manypeople of good will now February 2-4, 2001, on campus. The published in volume 85, issue 6, of the law believe, and the evidence tends to suggest, that association is a consortium of universities review. school choice and educational pluralism - not formed to address living-wage issues With Nicole Garnett, he presented special-interest politics and bureaucracy - are including: developing a working definition "School Choice and the First Amendment" our best hope for achieving Brown's goals:' and formulae for the living wage; sharing at a program sponsored by the Program on costs associated with living-wage studies; ProfessorGarnett can be reached at (2/9) 63/-698/ or garnett [email protected]. • 16 FA C U LTY N o T E s providing opportunities for collaboration Professor Kommers delivered the in implementing the living wage in specific keynote address, "Freedom of Speech in instances; and researching the effects of the Germany and the United States;' and PROFESSOR RICE various modes of implementing a living moderated an exchange of views between ANNOUNCES wage. Justice Antonin Scalia of the U.S. Supreme RETIREMENT He presented "Professional Court and Justice Dieter Grimm of Responsibility and Contemporary Law Germany's Federal Constitutional Court at Professor Charles E.Rice has announced his Practice" to the American Council of Life the Comparative Law Colloquium on "The retirement as of the end of the 2000-01 academ- Insurance in Chicago, Illinois, on February Value of Free Speech and Its Reasoned ic year, after more than 30 years on the NDLS 5,200l. Limits;' sponsored by the Catholic faculty. Professor Rice earned his A.B.from the University of America School of Law • M. CATHLEEN KAVENY gave the College of the Holy Cross in 1953, his J.D. from in June. He served as moderator and Baker-McKenzie Lecture on Law and Boston College in 1956, and his LL.M.and J.S.D. commentator on a panel discussing Ethics at a "Conference on Law and from New York University in 1959 and 1962, "Immigration and Integration: Its Effect Religion" sponsored by the LOYOLA respectively. A member of the New York Bar on the Culture and on the Life of the UNIVERSITYCHICAGO LAWJOURNAL in since 1957, he engaged in private practice in Church" at the Sixth Germany-America early February. She spoke on "Billable New York City (1958-61) and, before joining the Colloquium, sponsored by the Archdiocese Hours and Ordinary Time: A Theological Notre Dame faculty, taught law as a lecturer at of Chicago at the Mundelein Conference Critique of the Instrumentalization of c.w. Post College (1959-61) and New York Center in September. He also delivered a Time in Professional Life:' University (1959-61) and as a professor at public lecture on "German Unification: The She also published Law, Morality and Constitutional Dimension" at the Fordham University (1960-69). Common Ground in the December 9, 2000, University of Kansas School of Law in His areas of academic interest have included edition of AMERICA. October. constitutional law,jurisprudence, legislation, real • WILLIAM K. KELLEY participated in property, restitution and torts. As director of • GARTH MEINTJES '91 LL.M. partic- a panel discussion on the First Amendment Notre Dame's Natural Law Institute, he served ipated in a panel discussion titled "Towards at the 2000 convention of the Federalist as co-editor of the AMERICANJOURNALOF Achieving Justice: Truth Commissions, Society in Washington, D.C., in November. JURISPRUDENCEfrom 1970 to 1997. He has been a Trials and Amnesties" at a conference on Co-panelists included Walter Dellinger, consultant to the U.S.Commission on Civil "International Law in the 21st Century: former solicitor general, Kenneth Starr, Rights and a member of the Education Appeal The United Nations and Other former independent counsel, and Nadine Board at the U.S.Department of Education International Entities" sponsored by the Strossen of the American Civil Liberties American branch of the International Law (1981-93).ln 1996, he was named to the board Union. Association in New York, New York, in of trustees of Franciscan University in • DONALD P. KOMMERS published: October. Steubenville, Ohio. The Basic Law: A Fifty- Year Assessment in With Juan Mendez, Mr. Meintjes A staunch pro-life advocate, he has co- volume 53 of the SOUTHERN METHODIST wrote a short reply to a critique of their authored numerous briefs involving right-to-life UNIVERSITYLAW REVIEW;A Comparative article, Reconciling Amnesty with Universal and right-to-die issues, and has served as co- Constitutional Law Canon, co-authored with Jurisdiction, which was published in the chair of Free Speech Advocates of Catholics John E. Finn, in volume 17 of INTERNATIONALLAW FORUM of the United for Life. His recent publications include CONSTITUTIONAL COMMENTARY;Artist in International Law Association. THEWINNINGSIDE:QUESTIONSON LIVINGTHE Exile in the autumn 2000 issue of NOTRE On February 6, Mr. Meintjes testified CULTUREOFLIFE(St Brendan's Institute 1999) and DAME magazine; Teaching Comparative before the Indiana Senate Committee on Fm QUESTIONSONTHENATURALLAW:WHATITIs Constitutional Law: Why and How? in Corrections regarding the role and impor- ANDWHYWE NEEDIT(Ignatius Press 1993). DEFINING COMPARATIVE tance of an effective ombudsman for cor- A more extensive tribute to Professor Rice CONSTITUTIONAL LAW, Mark Tushnet and rections. A similar bill was introduced will appear in the summer 2000 issue of this Vicki Jackson, eds.(Greenwood Press before the House of Representatives com- magazine.If you would like to contribute your 2000); Fifty Years of the Federal Republic of mittee. This legislative initiative is the thoughts, memories and photos of your time Germany, a IS-page pamphlet, for Inter- result of five years of discussions between a with Professor Rice, please send them in care of Nationes, a unit of Germany's Foreign coalition of religious groups, including the this magazine (102 Law School, Notre Dame, IN Ministry; a review of ONLY THE NAILS center, and the Commissioner of 46556, or bye-mail to [email protected]) before REMAIN: SCENES FROMTHE BALKANWARS Corrections. In early March, the Indiana June 30, 200 I. in the April 22, 2000, edition of AMERICA; Senate passed the bill by a vote of 31 to 16. and a review of DELIVERUs FROM EVIL by He taught a three-hour seminar on Professor Rice may be reached at (219) 631-5667, William Shawcross (Simon and Schuster the use of human-rights standards to or bye-mail at rice. [email protected]. 2001), in the February 12,2001, edition of monitor detention facilities to a group of AMERICA. 30 lawyers from the Chicago Bar • 17 FA C U LTY N o T E s Association who volunteered to conduct the Universidad de Navarra, a Catholic a study of conditions in INS detention university in Pamplona, on "The Rights of facilities on behalf of the Midwest FACULTY RESOURCE - Migrant Workers to Family Life Under Immigrant and Human Rights Center. FAITH~BASED SERVICE European Community law:' The tribunal The final report will be submitted to the INITIATIVES was presided over by Professor Jose A. president of the ABA in August of 2001. Pastor Ridruejo, the Spanish judge in the Steven D.Smith,Robert and Marion Short European Tribunal on Human Rights. • JUAN E. MENDEZ participated in a Professor of Law,believes that the Bush adminis- During that same trip, Professor Mendez panel discussion titled "The Convergence lectured at the Universidad de La Corufia and Overlap of International Humanitarian tration's faith-based service initiatives are consti- on "The Inter-American System of Human Law, International Criminal Law and tutional. "Modern establishment clause Rights Protection:' International Human Rights Law" at a con- jurisprudence reflects a tension between a'sepa- On January 8-13, 2001, he visited ference on "International Law in the 21st ration/no aid' position and what's often Quito and Guayaquil, Ecuador, under the Century: The United Nations and Other described as a 'neutrality' position," Professor auspices of the U.S. Department of State International Entities" sponsored by the Smith says. "The first holds that any nontrivial and the office of the U.S. Cultural American branch of the International Law governmental advancement of Attache in that country in Association in New York, New York, in religion is a constitutional evil in response to an invitation by the October. itself,even if the advancement is Program on Human Rights at the He attended the November 9, 2000, incident to a legitimate public Pontifical Catholic University of board meeting of the John Merck Fund, a purpose. The second position Ecuador, in Quito. He delivered foundation to which he provides advisory maintains that government two lectures on "Human Rights services on strategies to promote human should be neutral toward reli- and Democracy in Latin America: rights and democracy in Latin America. gion, but this obligation of neu- Balance and Perspectives" and one He participated in a conference on "The trality is consistent with on "The Future of the Inter- Legacy of Abuse -Justice and government including religion on a nonpreferen- American System of Protection;' as well as Reconciliation in a New Landscape" organ- tial basis in benefit or service programs designed three four-hour-long workshops. In addi- ized by the Aspen Institute at its confer- to serve secular purposes. Indeed, neutrality tion to lecturing at the Pontifical Catholic ence center in Wye, Maryland, November proponents often argue that it is unconstitution- University of Ecuador, he lectured at the 10-12. Participants from several countries al - a violation of neutrality - to exclude reli- Universidad Central (the state-run univer- and institutions discussed prosecutions, gious organizations or individualsfrom programs sity) in Quito and at the Universidad truth commissions and efforts at reconcilia- for which they would otherwise be eligible. The Espiritu Santo in GuayaquiL tion in countries overcoming a recent past On January 23, he addressed the of massive human-rights violations. neutrality position seems a much more plausible Human Rights Program of Columbia Law On November 13, he participated in a account of our constitutional history, and it also School on the ongoing reforms to the panel discussion on "Human Rights and seems more attractive on theoretical grounds. Inter-American System of Protection from Human Wrongs: How Far Have We Really Bycontrast, the separation/no aid position basi- the perspective of the Inter-American Comer" organized by the Carr Center for callyinsists that government must discriminate in Commission on Human Rights. Human Rights Policy at the Kennedy many contexts against individuals or organiza- Professor Mendez visited Lima, Peru, School of Government, Harvard tions just because they are religious." February 1-3, to attend a conference on University. Co-panelists included "Truth, Justice and Reconciliationorgan- Canadian historian and analyst Michael Professor Smith can be reached at (2/9) 63/-3090 ized by several local nongovernmental Ignatieff. The event served as the occasion or smith.3 [email protected]. organizations to assist the efforts of a task to launch the book, REALIZINGHUMAN force recently formed by the new govern- RIGHTS (St. Martin's Press 2000), edited by ment to set up a Truth Commission to deal Samantha Power and Graham Allison, and the commission have recently amended with the legacy of human-rights abuses by which includes an article Professor Mendez their court rules and regulations as part of the Fujimori and previous governments. wrote on Latin American contributions to a larger package of reforms. As one of the The Ministry of Justice of the caretaker the human-rights movement. commissioners, Professor Mendez was Paniagua administration has asked him to In Washington, D.C., on December 6, asked to present the highlights of the serve as one of five international consult- he presented the amendments to the regu- Inter-American Commission changes ants to this Task Force. lations of the Inter-American Commission to the audience of diplomats and He contributed: Comments on "From on Human Rights at a conference at the practitioners. Minors to Citizens" to THE CHILD IN LATIN Organization of American States on the Professor Mendez traveled to Spain AMERICA:HEALTH, DEVELOPMENTAND reform of the system of human-rights pro- later in December to participate in a tribu- RIGHTS, Father Ernest Bartell and Dr. tection. Both the Inter-American Court nal to hear the defense of a dissertation at Alejandro O'Donnell, eds. (Notre Dame • 18 FA C U LTY N o T E s Press); International Human Rights Law, • HONORABLE JOHN T. NOONAN The review notes that the book, published International Humanitarian Law and JR. of the U.S. Court of Appeals for the by St. Brendan's Institute, summarizes International Criminal Law and Procedure: Ninth Circuit, who served as the Judge arguments that champion the culture of New Relationships to INTERNATIONAL James J. Clynes Jr. Visiting Professor of life, which Professor Rice has been making CRIMES,PEACE AND HUMAN RIGHTS: THE Law for the fall semester, was the subject "with apparently inexhaustible energy" ROLE OF THE INTERNATIONALCRIMINAL of an article in the November 17, 2000, edi- throughout the course of his professional COURT, Dinah Shelton, ed.(Transnational tion of COMMONWEAL. Titled A Case of life. Publishers); and, with Helena M. Olea Doctrinal Development, the article explores • HONORABLE KENNETH F. '00 LL.M., Derechos y Deberes Civiles y Judge Noonan's scholarship as it relates to RIPPLE served as an invited faculty mem- Politicos to the second edition of the Catholic doctrine. It is an insightful look ber at the Pepperdine Judicial Clerkship DICCIONARIO ELECTORALpublished by the into the work of someone that Honorable Institute at Pepperdine University School Inter-American Institute on Human Rights Richard Posner of the U.S. Court of of Law in Malibu,California, January 4-6, in San Jose, Costa Rica. Appeals for the Seventh Circuit calls one 2001. of the "great scholars of modern law:' • CAROL ANN MOONEY '77 J.D. has Judge Noonan also spoke at a confer- • JOHN ROBINSON '72 M.A., co-authored the fourth edition of THE ence on "A Culture of Death;' sponsored by '75 PH.D. spoke on the constitutional PLANNING AND DRAFTING OF WILLS AND the Notre Dame Center for Ethics and rights of religiously affiliated colleges TRUSTS (Foundation Press) with Professor Culture on campus in October. and universities under the Establishment Emeritus Thomas L. Shaffer '61 J.D. and and Free Exercise Clauses of the First recent graduate Amy Jo Boettcher '00 J.D. • TERESA GODWIN PHELPS '73, Amendment to the Constitution at the '75 M.A., '80 PH.D. presented a program • JOHN COPELAND NAGLE pub- Stetson University School of Law on "Advanced Legal Writing" for the staff lished a book review of Elizabeth Drew's "Conference on Higher Education" in attorneys at the U.S. Court of Appeals for CORRUPTION, POLLUTION, AND POLITICS: Clearwater Beach, Florida, in February the Seventh Circuit in Chicago on October WHATWENT WRONG & WHY in volume of 2000. In March of 2000, he spoke at 6, and returned to that court's Conference no, no. 2 of THE YALELAWJOURNAL. He Xavier University in Cincinnati, Ohio, on for District Court Staff Attorneys on also commented on the partisanship dis- the moral and legal implications of recent October 23 to conduct a day-long writing played in postelection maneuverings in an developments in genetic research. And in workshop. On October 10, she presented a article titled Partisan Wrangling Grows Over June of 2000, he spoke on Ex Corde lecture on "Shattered Voices: Language, Manual Ballot Count in the November l4, Ecclesiaste and its application to American Violence and Retribution" at the University 2000, edition of THE ARIZONA REpUBLIC. Catholic colleges and universities at the of Illinois Law School, Champagne- He participated in a symposium spon- annual convention of the National Urbana. sored by the MINNESOTA LAW REVIEW on Association of College and University "The Freedom of Expressive Association;' • WALTER F. "JACK" PRATT JR. Attorneys in Washington, D.C. serving on a panel discussing "Collective contributed A New Vocabulary for a New His article on the extraterritorial Political Speech: The First Amendment Constitutional Law: United States v. application of American law appeared in and Campaign Finance Reform 25 Years Carolene Products (1938), in LEADING the summer 2000 issue of the JOURNAL OF After Buckley v. Valeo." The essays from the CASES OF THE TWENTIETH CENTURY COLLEGEAND UNIVERSITYLAW. symposium will be published in volume 85, (Round Hall 2000). • ASSOCIATE DEAN VINCENT D. issue 6, of the law review. • CHARLES E. RICE spoke on "The ROUGEAU was the 2001 Distinguished Professor Nagle also commented on a Renewal of the Family: Pope John Paul II's Speaker at the Loyola University New case pending before the U.S. Supreme Vision for the Family" at a lecture spon- Orleans Gillis Long Poverty Law Center Court this term, Solid Waste Agency of sored by the Law School's Thomas More on March 26,2001. He gave a talk titled Northern Cook County v. U.S. Army Corps of Society in late November. The talk "More Precious for What We Are Than for Engineers, in an article titled Playing focused on the pope's recent "Letter to What We Have: Is Real Solidarity with the Variations on Legal Themes in the October 2, Families:' In March, Professor Rice gave Poor Possible in a World Dominated by 2000, edition of THE NATIONAL LAW the Hesburgh Lecture to the Notre Dame American Consumer Culture?" JOURNAL. The case involves issues of fed- Club of Washington, D.C., where he spoke eralism, specifically whether Congress had • JAMES SECKINGER presented a on legal issues relevant to the right-to-life the authority to give the Army Corps of number of lectures on trial advocacy cause and the natural-law basis of a right- Engineers control over intrastate water- techniques including:"Trial Skills and to-life ethic. ways and whether the corps exceeded its Techniques for Persuading a Fact Finder" His book, THE WINNING SIDE: authority under the "migratory bird rule" in for the New Zealand Law Society in QUESTIONS ON LIVING THE CULTUREOF the Clean Water Act in regard to the use of Heretaunga, New Zealand, for McCarthy LIFE, was reviewed in the March 1,2001, the waterways. Tetrault in Toronto,Ontario,Canada (in issue of FIRST THINGS: AMONTHLY English and French), and at both Fish & JOURNALOF RELIGION AND PUBLICLIFE. • 19 FA C U LTY N o T E s and Learning Lawyering Skills" for the - Concepts and Techniques, Demonstration New Zealand Law Society and the Vignettes, Drills and Problems (NITA, Pennie FACULTY RESOURCE - Advocates' Society of Toronto, Canada, as & Edmonds 2000); INSTRUCTIONAL TECHNOLOGY AND well as for the National Institute for Trial MATERIALSFOREXPERTWITNESS PRIVACY Advocacy's Teacher Training Program at PROGRAM(NITA, Torys, Hahn Loeser & the Harvard Law School and at Loyola Parks, Skadden Arps, 2000); Deposition Kyllo v.United States, a case before the U.S. University of Chicago School of Law; Skills with Concepts and Techniques for Taking Supreme Court involvingthe use by police of "Deposition Skills and Techniques for and Defending a Deposition, Demonstration new surveillance technology to find marijuana Taking and Defending a Deposition" for Vignettes, Drills, and Problems (Fish & Neave growing on the property of an Oregon man, NITA's Mid-Central Deposition Workshop 2000); Program Schedule, Instructional forces the court to "confront pressing questions in Indianapolis, Indiana, and for Fish & Materials, and Appendices for Deposition Skills about the relationship between technology and Neave in New York, Hahn Loeser & Parks (Hahn Loeser & Parks 2000); Program privacy that go well beyond the use of thermal in Cleveland, McDermott Will & Emery in Schedule with Instructional Materials for imagingdevices," says Patricia Bellia,assistant Chicago and Washington, D.C., Pennie and Deposition Skills (McDermott Will & professor of law."At the time the Fourth Edmonds in New York, and Skadden Arps Emery, Pennie & Edmonds, Skadden Arps, Amendment was adopted, privacy was protected in Chicago, Los Angeles and San Francisco; Ministerio de Justicia in El Salvador 2000); "Examination of Expert Witnesses at a and Seminaria Tecnicas Orales de Litigo en not only by law,but also by the limits of technol- Deposition and at Trial" for Hahn Loeser Procedimientos judiciales (Ministerio de ogy - by the fact that law enforcement officials & Parks in Cleveland, Skadden Arps in Los Justicia, Centro de Informacion, lacked the means to see or hear what went on Angeles and Torys in Toronto, Ontario; Documentacion, Divulgacion y inside the walls of one's home. Over time, how- and "Helping - Not Annoying - the Culturizacion Juridica, San Salvador, ever, technological advances have facilitated far Judge" for the Advocates' Society's El Salvador 1999). greater government surveillance. As it did in the Courthouse Series in Toronto. • THOMAS L. SHAFFER '61 J.D. has wiretapping cases of the late I960s, the Supreme He has published a number of these co-authored the fourth edition of THE Court must determine how to apply the Fourth lectures, other articles and trial-advocacy PLANNING AND DRAFTING OF WILLS AND Amendment's protection of privacy to a technol- instructional materials including: Helping TRUSTS (Foundation Press) with NDLS ogy that the framers of our Constitution - Not Annoying - the judge, Motion Professor Carol Ann Mooney '77 J.D. and undoubtedly never envisioned. The issue for the Sickness and How Counsel Can Improve recent graduate Amy Jo Boettcher '00 J.D. court in the thermal-imaging case is how the Motion Practice (with M. Cormier), and development of new surveillance technologies Opening Statements that Persuade the judge or • DINAH SHELTON delivered a paper affects society's expectations about what is pri- jury (all published in the Advocates' Society titled "Compliance with Environmental vate. The court's answer to this question will no Courthouse Series, Toronto 2000); Case Soft Law" at a symposium on November doubt have a dramatic impact on how courts Analysis and Witness Examination; Trial 17,2000, sponsored by the International analyze other privacy-infringingtechnologies - Advocacy Coursebook, Problems and Center for Environmental Compliance such as devices for the detection of concealed Instructional Material on Trial Advocacy Assessment, Kagawa University, Japan. weapons and 'worms' and filters designed to Techniques and Deposition Techniques Course She spoke on the Inter-American human search computer data - that will be more wide- Packet, Problems and Instructional Materials rights system at the Lisbon Forum 2000, ly used in the near future:' (Notre Dame Law School 2000); Materials "Regional and Universal Systems of on Advocacy Skills and Techniques (McCarthy Human Rights Protection:Their Tetrault, Toronto 2000); Materials on Contribution to the Universality and Professor Bellia can be reached at (2/9) 63/-3866 Litigation Skills (New Zealand Law Society Indivisibility of Human Rights;' November or [email protected]. 2000); Trial Advocacy Skills - Trial Concepts 23-24,2000. She organized and chaired and Techniques, Demonstration Vignettes, the Notre Dame Workshop on Consent Drills, and Problems (Skadden Arps, Fish & and Compliance: The Role of Non-Binding Neave and Skadden Arps in New York, Neave 2000); An Analysis ofFaculty Critique Norms in the International Legal System, New York; "Case Analysis and Witness (New Zealand Law Society 2000); sponsored by the American Society of Examination" at a number of Canadian Instructional Materials for the Advocates' International Law, November 3-4, 2000. institutions including Dalhousie University Society Teacher Training Program and Faculty She also served as a workshop professor at of Laws in Halifax, Nova Scotia, the Critique, Teaching and Learning Lawyering the Workshop on Implementation of University of Ottawa Faculty of Laws in Skills (Advocates Society, Toronto 2000); International Environmental Law, a train- Ottawa, Ontario, the University of Victoria NITA Teacher Training Program - Paper on ing program for government officials and Faculty of Laws in Victoria, Vancouver Faculty Critique and Program Schedule, Self professors from Laos, Cambodia and Island, British Columbia, and the Analysis of the NITA Method and Program Vietnam sponsored by the United Nations University of British Columbia in Schedule for Teacher Training and Deposition Training and Research Institute, Bangkok, Vancouver;"Faculty Critique in Teaching Skills - Taking and Defending a Deposition Thailand,January 9-13, 2001. And from • 20 FA C U LTY N o T E s January 31 to February 4, 2001, she partici- pated in the Americas' Conference on Secession in International Law, delivering FACULTY RESOURCE - PAN AM FLIGHT 103 TRIAL a paper on "The Jurisprudence of International Human Rights Tribunals on The trial of two Libyansfor the bombing of Pan Am Flight 103 over Lockerbie, Scotland, in 1988,has helped Secession and Self-Determination" and create new guidelines for international law,but the specific circumstances of the case - in which a Scottish participating in the drafting of the conclu- court assembled on a Dutch air base to try a case involvingvictims,prosecutors and defendants from various sions of the conference. nations - are not likelyto be repeated, according to Associate Professor Paolo Carom and Professor Dinah Professor Shelton edited and con- Shelton, both of whom specialize in international law. tributed to INTERNATIONALCRIMES, "I don't think the way in which this case was tried will be a model for others;' says Professor Carozza. PEACE AND HUMAN RIGHTS: THE ROLE "It was a very specific and idiosyncratic resolution. But I do think that we will increasingly see other ways in OF THE INTERNATIONAL CRIMINALCOURT which, like here, international institutions - like the United Nations - and national jurisdictions and legal (Transnational Press 2000), and con- institutions - such as the Scottish court, U.S.interests and Libyan defendants in this case - will overlap and tributed Droits et justice pour chaque citoyen cooperate to fillthe current gaps in the existing institutional structures for achieving transnational justice." de la planete? to MONDIALISATION ET Professor Shelton adds,"I doubt there will be similar cases in the future. The fact that the United States SOCIETES MULTICULTURELLES: and Britain,the two countries most concerned, are on the U.N. Security Council was important to the ulti- LINCERTAIN DU FUTUR (M. Ricciardelli, mate resolution. They were able to obtain a decision imposing sanctions against Libyauntil it agreed to sur- S. Urban and K. Nanopoulos, eds., PUF, render the defendants for trial. Efforts by Libyato challenge this decision at the World Court were unavailing, 2000). despite some controversy over the legality of the Security Council action. Perhaps the most significant part of • STEVEN D. SMITH published the dispute was the issue of whether the World Court can review the lawfulness of decisions of the Security reviews of BRENNAN AND DEMOCRACY by Council. The judges were very split on this issue, with the majority seeming to suggest that the powers of the Frank I. Michelman, and THE WARREN Security Council are not subject to judicial review. For the future, the most serious international criminal acts COURT ANDAMERICAN POLITICS by Lucks are likelyto fall within the jurisdiction of the proposed International Criminal Court, and this will avoid the A. Powe, in the November 1, 2000, edition need to move a national tribunal to a foreign country, as was done in the Lockerbie case." of FIRST THINGS:AMONTHLY JOURNAL OFRELIGION AND PUBLIC LIFE. Professor Carozza can be reached at (2/9) 63/-4/28 or [email protected]. Professor Shehon can be reached at (2/9) 63/-7233 or [email protected]. • J. ERIC SMITHBURN has been Seventh Circuit, and was elected chair of named to the board of advisors of the the Section on Civil Procedure at the annu- EILEEN DORAN '86 J.D. Indiana Juvenile Task Force, Indiana's al meeting of the Association of American HONORED largest advocacy group for improving the Law Schools in San Francisco in January. juvenile justice system for children and • ADA VERLOREN '90 LL.M., assis- Eileen Doran '86 J.D., co-director of the Notre families in Indiana. tant to the director in the Center for Civil Dame LegalAid Clinic and associate professional • JAY TIDMARSH '79 published a and Human Rights, as a volunteer attorney specialist in law at NDLS,was review of SEDUCED BYSCIENCE: How with the Chicago Midwest Immigrant and honored by the Indiana AMERICAN RELIGION LOST ITS WAY by Human Rights Center's pro bono program, Supreme Court in February Stephen Goldberg in volume 80 of THE is representing a Sudanese refugee seeking for her long-standing service JOURNAL OF RELIGION. political asylum in the United States, and is to the court's Indiana Pro He was appointed to serve on the also participating in the center's study of Bono Commission. Ms.Doran Advisory Committee on Circuit Rules for conditions in INS detention facilities. was appointed to the commis- the United States Court of Appeals for the sion in 1998 by the court and the Indiana Bar Foundation. The commission seeks to encourage pro bono civillegal work for the poor by Indiana attor- neys,and uses grants to local communities to encourage residents to develop pro bono plans. Ms. Doran can be reached at (2/9) 63/-4863 or doran./@nd.edu. • 21 FA C U LTY N o T E S N E w F A c u L T y Dean Patricia A. O'Hara '74 J.D. and the Faculty Appointments Committee have announced that three new faculty members will join the Law School in the 2001-02 academic year: • LISA CASEY will teach corporate and • MICHAEL KIRSCH, currently associ- • JULIAN VELASCO will teach corpo- securities law, as well as commercial law. ate international tax counsel in the US. rate and securities law. He is currently an She is currently a visiting professor of law Treasury Department, will teach in the tax associate professor of law at the Hofstra at the University of Denver College of Law. area. Professor Kirsch received his under- University School of Law. He earned his She earned her B.A., with distinction, in graduate degree summa cum laude from undergraduate degree, magna cum laude, in economics and communication from Cornell in 1985 in the Economics finance, with minors in theology and phi- Stanford University, where she was elected Department Honors Program, and was losophy, from Georgetown University. He to membership in Phi Beta Kappa. She elected to membership in Phi Beta Kappa. earned his J.D. from Columbia University earned her J.D., with distinction, from the He earned his J.D. cum laude from Harvard School of Law, where he served as an edi- Stanford Law School, where she served as Law School in 1988, where he served on tor of the COLUMBIALAW REVIEW. managing editor of the STANFORD the editorial board of the Harvard Following law school, Professor JOURNAL OF INTERNATIONALLAW. JOURNAL OF LEGISLATION. Velasco clerked for Honorable Van Following law school, Professor Casey Following graduation, he joined the Graafeiland on the US. Court of Appeals clerked for Honorable Sherman G. tax department of Sheppard, Mullin, for the Second Circuit. For four years, he Finesilver, chief judge of the US. District Richter & Hampton, in Los Angeles, practiced law with Sullivan and Cromwell Court for the District of Colorado, in California. Through the firm, he had the in New York, where he focused on transac- Denver. For 11 years, she practiced law in opportunity to earn his LL.M. in taxation tional work as a member of the firm's Denver, focusing on corporate, securities from New York University in 1989, after Corporate and Finance Group and Banking and commercial litigation.She chaired the which he returned to practice tax law at Group. Securities Law Section of the Colorado Bar Sheppard,Mullin.Three years later, in Association, and served as co-editor of 1992, he accepted a two-year clerkship with SECURlTIES NEWS, a quarterly magazine the chief judge of the United States Tax published by the ABA Security Litigation Court in Washington, D.C. Following this Section. clerkship, he moved into government serv- ice, working two years in the Office of the Associate Chief Counsel of the Internal Revenue Service and four years in the Office of Tax Policy in the Treasury Department, most recently in the position of associate international tax counsel. ADMINISTRATOR & STAFF NOT E S • Julia Meister '95 J.D. joined rhe alrernate dispure resolution settings. • Ken Kinslow, who joined the Kresge NDLS administration in March as direc- While a student at NDLS, she was a Law Library sraff in January of 1985 as tor of student services. The focus of rhe White Scholar and articles editor of the the evening and weekend supervisor in new posirion will be assisring Dean NOTRE DAMEJOURNALOF LAW,ETHICS Access Services, joined the staff of the Rougeau in his responsibilities as associ- ANDPUBLICPOLICY.She earned the A. Hesburgh Library ar the end of March ate dean for student services, and coordi- Harold Weber Award for Excellence in as the supervisor of Interlibrary Loan nating acriviries such as orientation and Legal Essay Wriring, and served as a and Document Delivery. In his new job, graduation. teaching assistant in the Legal Writing he supervises all of the employees of the Since graduaring from NDLS, and Moot Court programs. A native of University library's interlibrary loan and Ms. Meister worked as a lirigarion Kentucky, Ms. Meister earned her B.A. document delivery units, and works with associate at Taft, Srettinius & Hollisrer degree from Xavier University in department heads in assessing current in Cincinnati. She represented a wide Cincinnati, where she majored in user services and in investigating and variery of clients in trial, appellare and English. implementing new user services. • 22 A IL UI M\ N N o li IE s • Stephen A. Seall, managing partner of the CLASSOF 1960 & LISTSERV ADDRESSES South Bend office of Barnes Thornburg, has Secretary: John A. DiNardo been re-elected vice chair of the firm and its Law School all-alumni: management committee. He focuses his prac- [email protected] tice in the firm's Business, Tax and Real Estate Center for Civil and Human Rights alumni: C LA S S OF 1961 Department. [email protected] London LL.M. alumni: Secretary:John N. Moreland [email protected] CLASS OF 1967 CLAS S OF 1962 Secretary: James J. Olson To join any NDLS listserv, please send an e-rnail to [email protected]. Secretary: Paul K. Rooney • Robert J. Konopa, a member of Konopa Reagan & Kenyon, P.e., in South Bend, has been named a diplomat by the Defense Trial WEB ADDRESS C LA S S OF 1963 Counsel of Indiana. Law School alumni web site: Secretary: James L. Lekin • WilliamJ. Schmuhl Jr., president and chief http://www.nd.edu/-ndlaw/alumni/alumni.html executive officer of Heywood Williams, Inc., in Elkhart, Indiana, has been elected to the board CLASS OF 1964 of directors of Vitro Diagnostics, Inc., of CLASS OF 1953 Littleton, Colorado. Secretary: Charles A.Sweeney Secretary: Robert L. Berry • Charles A. Sweeney, formerly of counsel CLASS OF with Sweeney, Pfeiffer, Morgan & Stesiak in 1968 South Bend, has opened his own law office, CLASS OF 1954 Secretary:Timothy W. Woods Sweeney Law Firm, also in South Bend. His Secretary: Carl F. Eiberger practice focuses on personal injury and wrong- • Thomas R. Curtin, a partner in Graham, ful death. Curtin & Sheridan in Morristown, New Jersey, • Carl F. Eiberger, a sole practitioner in and current president of the Notre Dame Law Golden, Colorado, and a member of the Notre Association, was elected the New Jersey state Dame Law Association board of directors, was CLASS OF 1965 delegate to the American Bar Association recently honored for 25 years of service to rhe House of Delegates. Prior to his election to Prospect (Colorado) Recreation & Park Secretary:Honorable John D. O'Shea the 50-member house, he represented the New District and as founder of Applewood Park Jersey State Bar Association to the house. His in Colorado. CLASS OF 1966 goal in his new role will be to give New Jersey a broader voice in developing ABA policy, CLASS OF 1955 Secretary: Thomas J. McNally while working to steer the ABA away from taking positions on social issues that have no • J. Scott Maxwell, a partner in Hamburg, Secretary: John P. Coyne impact on the daily practice of law for most Rubin, Mullin, Maxwell & Lupin in Lansdale, lawyers. Pennsylvania, was featured in an article in the CLASS OF 1956 January 10, 2001, edition of THE LEGAL • Owen Lopez, executive director of the INTELLIGENCER.The article focused on Mr. McCune Charitable Foundation, was featured Secretary: Timothy D. O'Hara Maxwell's efforts, as the new president of the in an article titled Persona: Owen Lopez in the Montgomery (Pennsylvania) Bar Association, March 23, 2001, edition of the SANTAFE NEW to create more programs to enable lawyers to MEXICAN,which explored the decisions that J CLASS OF 1957 assist at-risk youth in a number of ways, led him to the position of leader of the second Secretary: Thomas S. Calder whether coaching yourh sports teams or men- largest nonprofit foundation in the state of toring children or representing young people New Mexico. who have been victims of crimes. The article • Robert J. Wilczek, a partner in the CLASS OF 1958 also recounts Mr. Maxwell's own experiences Corporate and International Practice Groups as a coach for his son's hockey team years ago, Listserv: [email protected] in the Chicago, Illinois, office of Gardner, as well as his time on Notre Dame's football Secretary: John F. Murray Carton & Douglas and a member of the Law team during his undergraduate years and his School Advisory Council since 1998, has been efforts coaching Notre Dame's freshman foot- elected chair of the firm. Mr. Wilczek, whose ball team during his law-school years. CLASS OF 1959 practice focuses on mergers and acquisitions as well as on providing strategic advice to public Secretary: William J. Harte • 23 ALUMNI N o T E s companies, has served several terms on the Securities Dealers, which owns and regulates firm's management committee including a CLASS OF 1973 the NASDAQ market. previous term as chair. Secretary: Tony Palumbo • Lawrence C. DrNardo, formerly with Seyfarth Shaw in Chicago, Illinois, has joined • Terry Madden, formerly chief of staff to the Chicago office of Jones, Day, Reavis & CLASS OF 1969 the US. Olympic Committee president, Pogue. became the chief executive officer of the new Listserv: NDLAW·[email protected] US. Anti-Doping Agency in April 2000. The Secretary: Scott J Atwell agency works to strengthen the position of the CLASS OF 1975 • H. David Prior, a member in the United States as the leader in the fight against Philadelphia, Pennsylvania, office of Ballard prohibited substances in international sport. Listserv: [email protected] Spahr Andrews & Ingersoll, L.L.P., has been Secretary: Dennis Owens • James L. McCrystal Jr., a partner in selected by President George W. Bush to be Brzytwa Quick & McCrystal, L.L.c., in • Mary Joan Hoene has been elected a part- general counsel in the Department of Housing Cleveland, Ohio, has been elected secretary of ner in the New York office of Carter Ledyard and Urban Development. the Ohio Association of Civil Trial Attorneys. & Milburn. Of counsel at the firm since 1999, • Michael C. Runde, formerly with Davis & Ms. Hoene's practice focuses on investment • John W. Nelley Jr., managing director of Kuelthau in Milwaukee, Wisconsin, has joined management and securities law. She has exten- Duke Weeks in Nashville, Tennessee, was the Hochstatter, McCarthy & Rivas, S.c., also in sive regulatory, corporate, registration and liti- feature of an executive profile published in the Milwaukee. gation experience with investment companies, October 13, 2000, edition of the NASHVILLE investment advisors and their affiliates. Last BUSINESSJOURNAL. year, she coordinated the firm's team for the CLASS OF 1970 launch by Barclays Global Advisors of the iShares exchange-traded funds, worked on Secretary: John K. Plumb CLASS OF 1974 exchange-traded fund product development for Secretary: Christopher Kule the American Stock Exchange, developed a CLASS OF 1971 new code of ethics for the PaineWebber Unit • David A. DeMuro is a managing director Investment Trusts, managed a series of invest- and head of Global Compliance and Secretary: E. Bryan Dunigan III ment-company status questions for firm clients Regulation for Lehman Brothers, Inc., in New and, with Ernst & Young, sponsored a "fund • Nelson J. Vogel, a partner in the Business, York. He was recently named to the board of directions" panel for mutual fund independent Tax and Real Estate Department of Barnes & governors of the National Association of Thornburg's South Bend office,was re-elected directors. to the firm's management committee for the 2000-01 year. IN MEMORIAM CLASS OF 1972 Please remember the follOWingdeceased alumniand their familiesin your prayers: Secretary: Richard L. Hill Arthur L. Roule Sr. '30 J.D., February 24,200 I, laPorte, Indiana. • James F. Groves, a partner at Hardig, Lee Garry Freeman '31 J,D., March 13,200 I, Encino,California. & Groves in South Bend, has become a fellow of the American College of Trial Lawyers. Frederick K. Baer '33, '36 J.D., March 27,200 I, South Bend,Indiana. Robert P. Lewis Sr. '33, '36 J.D., February 16,200 I, Boca Raton, Florida. • Donald A. WichJr., with the Fort Lauderdale, Florida, law firm of Wich, Wich & Hugh E.Wall Jr. '36 J.D., January 24, 200 I, Naples, Florida. Wich, P.A., has been appointed chair of the AnthonyT. Sodaro '36, '37 J.D., October 28,2000, Park Ridge,Illinois. Florida Bar Unlicensed Practice of Law Elwood J. Lavery '40, '42 J.D., January 23,2001, Quincy,Illinois. Standing Committee, which has jurisdiction John C. Halleck '42, '48 J.D., February 22,2001, BowlingGreen, Ohio. throughout the state of Florida. George Bariscillo '44, '49 J.D., January 4, 200 I, Ocean Township,New Jersey. Honorable Joseph E. Mahoney '48, '49 J.D., March 6,2001, Ashtabula, Ohio. Michael E. Derbin '41, '50 J.D., March 5,2001, Mishawaka,Indiana. James L. Lamb '45, '50 J.D., October 14,2000, Grand Forks, North Dakota. Sebastian R. Betasso '54 J.D., December 24, 2000, Pittsburgh, Pennsylvania. Richard A. Cotter '51, '54 J.D., February 15,200 I,Austin, Minnesota. Joseph P. Clancy '53, '59 J.D., October 6, 2000, Bethesda, Maryland. Charles J. Griffin Jr. '63 J.D., January 25,200 I, Hinsdale,Illinois. • 24 ALUMNI N o T E s • Honorable Ann C. Williams of the • Christopher D. Coppin has been appointed Seventh Circuit Court of Appeals presented an by New Mexico's attorney general as special ANN CLAIRE WILLIAMS address on "Piracy in the Internet Age" at the counsel to the attorney general to assist the '75 J.D. - CHICAGO annual meeting of the Seventh Circuit Bar office with complex litigation. Mr. Coppin has LAWYER PERSON OF Association in Chicago in May 2000. served in the attorney general's office for 16 THE YEAR 2000 years as an assistant attorney general. His cur- rent duties include heading the state's litigation CLASS OF 1976 J Honorable Ann Claire Williams '75 J.D., with Indian tribes concerning gambling casi- nos, initiating litigation to define the scope of '97 LL.D. (Hon.) of the U.S.Court of Appeals Secretary: Gerald N. Fritz the attorney general's powers, prosecuting pro- for the Seventh Circuit was named Person of the • Robert M. Edwards Jr., a partner in Jones fessionals before various state licensing boards, LAWYER. Year for 2000 by CHICAGO The article Obenchain, L.L.P., in South Bend, has been and assisting less-experienced attorneys in the in the December 2000 issue of the periodical re-elected as a director of Defense Trial office. shows tremendous insight into the many facets Counsel of Indiana. • Honorable Patricia O'Brien Cotter of of Judge Williams' personality. In particular, the • MartinJ. Hagan, a partner in the Trusts Cotter & Cotter, P.e., in Great Falls, Montana, article deals with her family background, her and Estates Department of Schnader Harrison was elected as an associate justice on the education including her time at NDLS,her work Segal & Lewis, L.L.P., resident in the firm's Montana Supreme Court. as an attorney prior to being appointed by Pittsburgh office, has been elected as a fellow • John Van Gessel, formerly of counsel President Reagan to the U.S.District Court for of the American College of Trust and Estate with Gunster, Yoakley & Stewart in Fort the Northern District of Illinoisin 1985,her Counsel. In addition to his practice in the Lauderdale, Florida, has returned to Waste work on the appellate bench since her swearing- areas of estate and trust planning, administra- Management, Inc., in Atlanta, Georgia, as vice tion and litigation, Mr. Hagan is a frequent in earlier this year, her involvement at Notre president and southern area general counsel. speaker and lecturer on estate-planning issues, Dame as secretary of the University's Board of Mr. Van Gessel had previously served as vice has authored numerous articles and is an Trustees, her deep devotion to her family and president, secretary and general counsel for the active member of a number of professional her genuine concern for and love of friends, co- company's Florida operations. associations. workers and others. The article includes signifi- cant commentary from those who know her • Tim Hogan was featured in an article titled CLASS OF 1978 well including NDLS alumni Honorable Roland 60 Seconds with ... in the September 25, 2000, edition of THE ARIZONA REpUBLIC. The arti- Chamblee '74, '77 J.D.,and Jack Sandner '68 J.D. Secretary: vacant; please contact the Law School cle discussed some of Mr. Hogan's accomplish- Relations Office (see p. 47) to volunteer ments as head of the Arizona Center for Law in the Public Interest including: challenging • Vincent R. Johnson, professor of law at • Honorable Willie G. Lipscomb Jr., chief the state's electric competition rules; suing the St. Mary's University in San Antonio, Texas, judge pro tern on the 36th District Court in Arizona Corporation Commission over its served as reporter for the Standards on State Detroit, Michigan, was featured in a full-page rapid approval of power plants; and helping to Judicial Retirement, recently adopted by the photo essay and story titled Bodies lie in morgue, draft a growth-management initiative that ABA. waiting to teach a lesson to gun carriers, which appeared on the November 2000 ballot. appeared in the January 29, 2001, edition of • Patrick A. Salvi, principal attorney at Salvi, the DETROIT FREE PRESS. The article notes • Thomas D. Yannucci, a member in the Schostok & Pritchard, P.e., in Waukegan, Washington, D.e., office of Kirkland & Ellis, the success of Judge Lipscomb's eight-year-old Illinois, was the featured presenter at the Handgun Intervention Program, which was featured in an article titled Demolition Man Illinois Trial Lawyer Association's "Point includes activities such as visits to the county in the November 27, 2000, edition of EDITOR Counterpoint" seminar on January 20, 2001, in morgue to "shock some sense and, compassion AND PUBLISHER MAGAZINE. The article Chicago. He spoke on "Maximizing Damages recounted his involvement in a 1998 case that in Wrongful Death Cases." into the minds of people who thought they needed to carry an illegal gun." People arrested resulted in the highest jury award or known He also won the largest personal ) in the city of Detroit for illegally carrying settlement against the media, and discussed injury/wrongful death settlement in McHenry firearms are required, as a condition of bond, other high-profile cases involving the media, County, Illinois, history in February of 2001. to attend the three-hour Saturday morning as well as his strategies for dealing with the The $4 million settlement is intended to com- program.Judge Lipscomb and his innovative media in other corporate cases. pensate the family of a man who died after program were featured in the spring 1997 doctors failed to diagnose a pulmonary edition of NOTRE DAME LAWYER magazine. embolism in a timely manner. CLASS OF 1977 • Honorable Andrew P. Napolitano provided Secretary: Jane F. Bennett Election 2000 commentary on a number of Fox News Channel shows in December including • Tony S. Colletti has joined Winston & "Hanniry & Colrnes.T'The O'Reilly Factor" Strawn in Chicago, Illinois. and "The Edge:' • 25 ALUMNI N o T E s • Bishop Harold C. Ray, founder and chair CLASS OF 1979 of the National Center for Faith Based CLASS OF 1983 Initiatives in West Palm Beach, Florida, and Secretary: M. Ellen Carpenter Listserv: [email protected] a former director of the Notre Dame Law Secretary: Ann Burford Merchlewitz • M. Ellen Carpenter, parmer and founding Association, appeared on Fox News Channel's shareholder in the Boston law firm of Roach & "The O'Reilly Factor" on Friday, February 2, • William J. Lawrence III has been elected Carpenter, P.c., was recently appointed by the 2001, to discuss leadership issues in the chair of Varnum Riddering Schmidt & Supreme Judicial Court of Massachusetts as a African-American community. Howlett, L.L.P., in Grand Rapids, Michigan. member of the Board of Bar Overseers. Mr. Lawrence is the youngest person ever to • Margaret Warner, formerly a name partner serve in the firm's top leadership position, and • Anthony F. Earley Jr., chair and chief exec- at the firm formerly called Carr Goodson continues as the firm's executive partner, a utive officer of DTE Energy Co. in Detroit, Warner in Washington, D.C., has become a position he has held since 1996. His practice Michigan, gave a talk on "Electricity: Powering partner at McDermott Will & Emery in in the firm's corporate practice group focuses Our Economy, Protecting Our Environment, Washington, D.C. Her practice focuses on on securities, mergers and acquisitions, Linking Our World" on April 6, 2001, as part complex litigation with an emphasis on dis- antitrust, and international transactions. of the Distinguished Engineering Lecture putes in the international insurance and rein- Series sponsored by the University of Notre surance markets. • Marianne Lafferty Vorhees, formerly a Dame College of Engineering. member of Beasley & Gilkison in Muncie, Indiana, has become a commissioner in the CLASS OF 1982 court system in Delaware County, Indiana. CLASS OF 1980 Secretary:Frank G. Julian Secretary: Honorable Sheila M. O'Brien • Timothy Abeska, a member at Barnes & CLASS OF 1984 • Thomas Costa has been promoted to asso- Thornburg in South Bend, was recently elect- Secretary: Cathy Chromulak ciate general counsel for Bristol-Myers Squibb ed to the St. Joseph County (Indiana) Judicial Company. His responsibilities include han- Nominating Commission, which interviews • John P. McCormick, a principal in the law dling all of the international work for the com- applicants for Superior Court judicial positions firm of McCormick & McCormick on Cape pany, with a particular focus on Japan, South and recommends finalists to the governor Cod, Massachusetts, was recently awarded America and Europe. of Indiana. He also serves on the executive the Community Service Award by the committee of the Robert A. Grant Inn of Massachusetts Bar Association for his Court, a local chapter of the American Inns of leadership in the legal community and for his CLASS OF 1981 Court, an organization dedicated to the pro- contributions to his local community. He has motion of professionalism, skill and ethics in served as president of the Barnstable County Secretary: John Fitzpatrick has volunteered to take litigation practice. (Massachusetts) Bar Association and as over the responsibility of class secretary. He may be president of the Board of Directors of Legal reached by mail at LeClair Ryan,Suite 1100, 707 • Robert B. Clemens, a parmer in the Services for Cape Cod & the Islands. He East Main Street, Richmond, VA 23219; by phone Indianapolis, Indiana-based law firm of Bose, has also served as chair of the Orleans at (804) 343-4172; by fax at (804) 783-2294; or by McKinney & Evans, L.L.P., was recently hon- (Massachusetts) School Committee and as e-mail [email protected]. ored by the Indiana State Bar Association for trustee of Medicenter Five,a medical facility, his contributions and service to the associa- • Raymond J. Carey, formerly with Miller, and Access House, an organization that assists tion's Improvements in the Judicial System Canfield, Paddock & Stone, P.L.c., in Detroit, run-away teenagers. Committee, which he has chaired since 1997. Michigan, has joined Foley & Lardner as sen- The committee offers reports and resolutions • W. Mark Mullineaux, formerly a parmer ior partner in the firm's Detroit office. His on various ways to improve the judicial system with Duane, Morris & Hecksher in suburban responsibilities include leading the firm's Labor in Indiana. Philadelphia, Pennsylvania, has become a & Employment Group and Midwest Region shareholder at Ramer & Prestia, P.c., an intel- , litigation section. He also serves on the man- • Thomas M. Crowley, senior attorney lectual property boutique firm in Valley Forge, aging committees of the Labor and Litigation with the Pennsylvania Department of J Pennsylvania, where he will focus on intellec- Groups and of the Detroit office. Environmental Protection in Harrisburg, tual property litigation. has been elected chair of the Conference of • Peter Greco, formerly with Consolidated Government Mining Attorneys (COGMA) for • Cristina Portela Solomon has been named Products, Inc., in Indianapolis, Indiana, has 2000-01. COGMA is a nationwide organiza- co-managing shareholder for the Houston, joined Sallie Mae, Inc., also in Indianapolis. tion of state and federal attorneys involved in Texas, office of Winstead Sechrest & Minick • Maureen Hurley, head of the legal depart- the regulation of mining and, in particular, the P.c. Ms. Solomon is a shareholder in the ment at Rich Products in Buffalo, New York, environmental impacts of mining. In firm's labor and employment section, serves as was featured in an article titled Paving the Way his work for the state of Pennsylvania, Mr. chair of the firm's Diversity Committee and is in the March 20, 2001, edition of the BUFFALO Crowley is involved in litigation on behalf of the shareholder in charge of law school recruit- NEWS. The article, written by a local high and counseling to the department's mining, ing for the Houston office. school student, focused on a number of radiation and waste programs. women community leaders whose achieve- ments could inspire teenage girls. • 26 ALUMNI N o T E s • Thomas M. Hinchey, formerly with • Christopher Shine's studenr note, titled CLASS OF 1985 Cabaniss Conroy & McDonald, L.L.P., in Deception and Lawyers: Away From a Dogmatic Wayne, Pennsylvania, has joined the Wayne Principle and Toward a Moral Understanding of Listserv: [email protected] office of Campbell Campbell Edwards & Deception and published in the NOTREDAME Web site: http://alumni.nd.edu/-law85/ Conroy as a shareholder. A substantial part of LAWREVIEWin 1989, was quoted recently in Secretary: Tom Nessinger his work involves the defense of complex civil an editorial titled When Can a Prosecutor Lie? • Teresa M. (Davis) McCormick is a princi- litigation including major products liability, in the March 9, 2001, edition of the ROCKY pal in McCormick & McCormick on Cape premises liability, toxic tort and environmenral MOUNTAINNEWSof Denver, Colorado. Cod, Massachusetts. actions. Mr. Shine currently is an attorney with the Employment Appeals Board in Salem, Oregon. • Honorable Barbara Scheper, formerly with the u.s. Attorney's Office in Los Angeles, CLASS OF 1987 California, has been appointed a Los Angeles CLASS OF 1990 County Superior Court judge by California Listserv: [email protected] Governor Gray Davis. Secretary: Jay Brinker Secretary: Cathy Gregory • Steven M. Surdell, formerly a partner in • Michael Kelly was featured in an article • Gerald T. Gallagher has been named a the Chicago office of Baker & McKenzie, has titled Kelly is a Perfect Fit with Vikings in the partner at Baker & Daniels in Sourh Bend. joined the international tax practice of Ernst & October 5, 2000, edition of the Minneapolis, He focuses his practice on intellectual property Young, L.L.P., also in Chicago, where his work Minnesota, STARTRIBUNE.The article focuses law, with an emphasis on obtaining intellectual will focus on cross-border mergers and acquisi- on his responsibilities as the executive vice property rights, and represents clients before tions, deferral and repatriation planning, and president of the Minnesota Vikings NFL the U.S. Patent and Trademark Office and in capital-market transactions. Mr. Surdell has franchise. proceedings before the Trademark Trial and significant experience as a tax advisor to major Appeal Board. public corporations on a number of large • A. Alyce Werdel has been named a national cross-border merger-and-acquisition and capi- CLASS OF 1988 partner in the San Francisco, California, office tal-market transactions. He has aurhored Secretary: Lisa Visingardi of Baker & McKenzie. She focuses her prac- numerous tax articles and has given frequent tice on employee benefits, executive compensa- talks on various tax issues. He writes the • Mark J.Adey has been elected a partner in tion and international equity compensation. "Tax Strategies" column for DERIVATIVES: the Sourh Bend office of Barnes & Thornburg. TAX/REGULATIONS/FINANCEand, the "Capital He practices in the firm's creditors' rights department, handling state court litigation and Markets" column for TAXATIONOFFINANCIAL CLASS OF 1991 PRODUCTS.He has been named one of the top representation of debtors and creditors in tax advisors in North America by International bankruptcy proceedings. Secretary: Martha Boesen Tax Review, and has been named one of the • Thomas W. Bosse is associate general coun- world's leading tax advisors by EUROMONEY CLASS OF 1989 sel at Broadwing, Inc., in Cincinnati, Ohio. MAGAZINE. • William Choe has been named a partner in • Greg Youra is a member of Epstein, Becker Secretary: Jennifer O'Leary Smith the Palo Alto, California, office of Gray Cary & Green, P.e., in Atlanta, Georgia. • Kevin M. Judiscak, formerly with Steptoe Ware & Freidenrich. He focuses his practice & Johnson in Phoenix, Arizona, has been on securities law. named a partner at Enelman Berger, P.e., also CLASS OF 1986 • Denise C. Davis has been named a partner in Phoenix. The firm focuses on debtor / credi- at Yoder Ainlay Ulmer & Buckingham, L.L.P., Listserv: [email protected] tor rights, bankruptcies, loan workouts, busi- in Goshen, Indiana. Web site: http://alumni.nd.edu/ -law86/ ness formations, real estate business disputes Secretary: Glenn Schmitt and other business matters. Mr. Judiscak • Michael S. Kelly has been named a partner brings to the firm 12 years of experience in at Marshack Shulman & Hodges in Irvine, • Dr. Lisa M. Caponigri is an assistant pro- employment litigation, as well as in other California.He focuses his practice on wrong- fessor in the University's College of Arts and intensive and high-profile litigation cases. ful termination, ernploymenr-relared cases, Letters, where she teaches in the Department business litigation, products liability and of Romance Languages and Literatures. She • Paul Pasin, along with his brother, Robert complex personal-injury matters. also has a concurrent appointment as an assis- Pasin '91, was featured on the February 18, tant professional specialist in the University's 2001, edition of CNN's "Business Unusual:' • Tracy D. Knox has been elected a partner Mendoza College of Business, where she The brothers are the third generation of their in the Elkhart, Indiana, office of Barnes & teaches foreign languages for business purpos- family to be involved in the family business, Thornburg. He concentrates his practice on es in courses that address culture, language and Radio Flyer, Inc. They are the sons - and product liability cases, white-collar criminal other issues relevant to international business. business colleagues - of Mario Pasin '54 J.D. defense matters and general litigation. She joined the University faculty in 1999 after a number of years practicing international law abroad. • 27 ALUMNI N o T E s • James M. Lewis has been elected a partner in the South Bend office of Barnes & Thornburg. He concentrates his practice in the area of litigation, with a special interest in NEW ADDITIONS federal practice and procedure. Rob Carsello '74, '79 J.D. and his wife Sheri announce the birth of Celeste Nicoletta on January 4, 2001, • Michael Shumaker has been named a part- in Chicago, Illinois. ner in the Washington, D.C., office of Jones, Day, Reavis & Pogue. louis B. (Buzz) Eckelkamp III '88, '91 J.D. and his wife Tina announce the birth of Louis Bernard IV, July 2, 2000, inWashington, Missouri. • Leslie Sudbury-Haydel recently joined Brooks, Stevens & Pope, P.A., in Cary, North Kevin Flynn '90 J.D. and Kathleen Mone Flynn '94 J.D. announce the birth of Ryan Edward Flynn, Carolina, as an associate attorney whose prac- October 12,2000, in Northbrook, Illinois. tice focuses on workers compensation. Bernard lau '91 J.D. and his wife Singmay announce the birth of William Charles on September 23,2000, • Jon A. Ward has been made a name partner in New York, New York. at the firm now called Sahn & Ward, P.L.L.c., in Garden City, New York. He had been an Michael O'Neill '91 J.D. and Catherine O'Hearn '92 J.D. announce the birth of MayaAnn, associate at the firm since 2000. His practice August 17,2000, in Chicago, Illinois. focuses on zoning, land use, planning and real estate issues. Michael Chesney '92 J.D. and his wife Diane announce the birth of Andrew Michael, May 21,2000, in Cleveland, Ohio. • Ralph Winter has been named a partner in the Orange County, California, office of Paul, Pamela lyons Mclean '92 J.D. and her husband Jon announce the birth of Jonathan Lyons Oay), Hastings, Janofsky & Walker. His practice March I, 200 I,in Princeton, New Jersey. focuses on corporate and securities law, as Kate Smith '93 J.D.announces the birth of Aquinnah Hollis,January 5,200 I, in Phoenix,Arizona. well as public offerings and mergers and acquisitions. C. Robert Boldt '95 J.D. and his wife Laura announce the birth of Clare Marie,July 11,2000, in Los Angeles, California. CLASS OF 1992 Katrina (Noznesky) lamarino '95 J.D. and Chris lamarino '95 J.D. announce the birth of Jesse Peter,January 14,200 I, in Lansing, Michigan. Secretary:Paul Drey Scott Richburg '95 J.D. and his wife Maria Lee announce the birth of Grace Catherine, July 31,2000, • Elena Baca has been named a partner in the Los Angeles, California, office of Paul, in Jacksonville, Florida. Hastings, Janofsky & Walker. Her practice Stuart Healy '91, '96 J.D. and Kate (Gleason) Healy '90, '97 J.D. announce the birth of Emily Harrigan, focuses on employment litigation. April 2000, in Sheridan, Wyoming. • John J. Bellaschi has been elected a partner Michael P.leary '96 J.D. and his wife Mary announce the birth of Flannery Maire, February 7,200 I, in the Tysons Corner, Virginia, office of in Brighton, Massachusetts. McGuire Woods. • Michael Chesney has been named a partner Vincent O. Nmehielle '96 lL.M. and his wife Nkechi C. Obisie-Nmehielle announce the birth of Shalom at Frantz Ward, L.L.P., in Cleveland, Ohio. Chimenum Obisie-Orlu, July 4, 1998,and Immanuela Chinaza Obisie-Orlu, March IS, 2000, both in His practice focuses on labor and employment Washington, D.C. law. Thomas J.Arkell '94, '97 J.D. and his wife Tracey announce the birth of Dawson, February 5,200 I, • Kathleen C. Farley has been named a part- in Bloomington, Illinois. ner in the Atlanta, Georgia, office of Alston & Bird, L.L.P. She is a member of the firm's John Blakeley '97 J.D., '98 lL.M. and his wife Cindy announce the birth of Coleman Zechariah, Employee Benefits and Executive February 16,200 I, in South Bend, Indiana. Compensation Practice Group and focuses her Jennifer Gehrlein '97 J.D. and her husband Andy announce the birth of Alexander Louis, practice on all areas of employee benefits and February 11,200 I, in Cleveland, Ohio. executive compensation. Steve McBride '9 7J.D. and his wife Jeni announce the birth of Mary Katherine, August 9,2000, • Daniel J. Glivar has been elected a partner in Memphis,Tennessee. in the Denver, Colorado, office of Holland & Hart. He focuses his practice on high-technol- Melissa O'loughlin White '97 J.D. and her husband Richard announce the birth of Natalie Ann, ogy business transactions, software and equip- August 13,2000, in Seattle, Washington. ment development, and purchasing and licensing transactions. Jenna Maclachlan '98 J.D. and her husband Dave announce the birth of Sarah Marie, March 20, 200 I, in Syracuse, New York. Brian Nettleingham '98 J.D. and his wife Sandra announce the birth of Ainslee Claire, November 3,2000, in Grand Rapids, Michigan. • 28 ALUMNI N o T E s • Lieutenant Commander Scott A. Kenney • Douglas W. McNitt is senior counsel for association's Diversity Committee and was recently assigned as the head of the America Online, Inc., in Dulles, Virginia. His Minority Clerkship Program. Maritime Environmental Law Branch at the work involves general business-law matters as • Edward T. Yevoli has joined the Fort U.S. Navy's Office of the Judge Advocate well as mergers and acquisitions, venture capi- Lauderdale, Florida, office of Gunster, Yoakley General International and Operational Law tal, investments and international transactions. & Stewart, P.A., where he focuses his practice Division in Washington, D.e., where he will • Michael). Messaglia has been named a on taxation and corporate-law matters. concentrate his practice in maritime interna- partner at Krieg DeVault Alexander & tional environmental law matters and ocean Capehart, L.L.P., in Indianapolis, Indiana. He policy affairs. He recently completed a one- focuses his practice on general corporate mat- CLASS OF 1993 year LL.M. program in international environ- ters, financial institutions, and securities and LONDON LL.M. mental law at George Washington University. taxation. Listserv: • Major Robert M. Mitchell of the U.S. Air [email protected] CLASSOF 1992 Force is an instructor in the Military Justice LONDON LL. M. Division of the Air Force Judge Advocate General School at Maxwell Air Force Base in CLASS OF 1994 • Bart )onkman has started a corporate Alabama. finance and business development firm in the Secretary: Jennifer Lohman Netherlands, Bluernind, N. V. The focus of his • Domenique Camacho Moran has been • ). Russell Carr, formerly a partner in the firm is assisting European companies with named a parrner at Littler Mendelson, P.e., Chicago office of Baker & McKenzie, has business development plans. in the firm's New York, New York, office. joined the international tax practice of Ernst & She concentrates her practice on employment Young, L.L.P., also in Chicago, where his work issues related to age, race, national origin, will focus on cross-border mergers and acquisi- CLASS OF 1993 defamation and breach of contract. tions, deferral and repatriation planning, and Listserv: [email protected] • Sheila O'Grady has been named chief capital-market transactions. He has significant Secretary: Charlie Hegarty of staff to Chicago Mayor Richard Daley. experience advising clients on cross-border She will be responsible for the day-to-day mergers, acquisitions, restructurings and spin- • R. Kenneth Boehner, formerly in the operations of the city's government and for offs. He frequently speaks on various tax London office of Kilpatrick Stockton, L.L.P., managing more than 40 departments. Since issues and has published numerous articles has joined the London office of Morgan, Lewis graduation, she has held a number of positions relating to cross-border combinations. & Beckius, L.L.P., as a partner. He represents in Chicago government, beginning as director clients in the telecommunications and technol- • Ralph A. Caruso II has been elected a part- of code enforcement in the city's Zoning ogy markets in Europe, with a focus on corpo- ner/director of Sommer & Barnard, P.e., in Department. She has also worked for Victor rate and transactional matters, including Indianapolis, Indiana. He has been an associ- Reyes, Mayor Daley's chief lobbyist, and was mergers and acquisitions, international joint ate at the firm since 1998, and is a member of in charge of liaison with the City Council. In ventures and international commercial arrange- the firm's business group. His practice focuses early 2000, she was named first deputy com- ments. He also counsels emerging-growth on mergers and acquisitions, joint ventures, missioner in the Department of Planning and companies in corporate strategy, finance and and financing transactions. Development. operational matters. • ) ames C. Frasher, assistant general counsel • Bridget Gleason Sweeney, an in-house • William P. Farrell) r, has been elected a at Northwestern Mutual in Milwaukee, attorney for Meijer Stores in Grand Rapids, partner at Gardner, Carton & Douglas in Wisconsin, is serving his second year as presi- Michigan, was honored with the State Bar of Chicago, Illinois, where he focuses his practice dent of the board of Work for Wisconsin, an Michigan Regeana Myrick Outstanding Young on litigation. organization that initiates systemic changes by Lawyer Award in October of 2000 for her serv- developing partnerships with business, educa- • Lester N. Fortney has been named a share- ice to the public and to the profession. Among tion and other institutions within the commu- holder of the Webb Law Firm in Pittsburgh, the activities for which she was honored, Ms. nity, and promotes self-determination and Pennsylvania. Sweeney has volunteered countless hours to growth so that every person who wants to several local nonprofit organizations such as • Lynn E. Kalamaros, managing partner work has the opportunity to secure and main- Heartside Ministry, Inc., an organization that of the Sourh Bend office of Hunt Suedhoff tain a career with a family-supporting wage. serves the inner-city in Grand Rapids, and the Kalamaros L.L.P., has been elected a director Big Brothers/Big Sisters Program of West of Defense Trial Counsel of Indiana. Michigan. She has also been an active member • Townsend Lange McNitt has been named of the Grand Rapids Bar Association Young special assistant to President George W. Bush Lawyers Section, which sponsors many pro- for legislative affairs for the U.S. Senate, in the grams benefiting the community in the areas White House Office of Legislative Affairs. Ms. of education and general charity. Her service McNitt worked in the Senate for the past six to the bar includes serving as public relations years, most recently as administrative assistant officer and board member of the Young and counsel for Senator Judd Gregg of New Lawyers Section, and working on the Hampshire. • 29 ALUMNI N o T E s CLASS OF 1995 CLASS OF 1996 CLASS OF 1996 - LL.M. Listserv: [email protected] Secretary: Joy Smith • Vincent O. Nmehielle completed his doc- Secretary: Kurt Merschman toral studies at the George Washington • Chad Cooper, formerly with Goldfein & University Law School and earned an S.J.D. in • Michael Cloonan, president of Global Joseph in Philadelphia, Pennsylvania, has international and comparative law. He success- Media, a video-production company based in joined the Dayton, Ohio, office of Thompson fully defended his dissertation, "The African South Bend, addressed the NDLS Business Hine & Flory, L.L.P., as an associate in the Human Rights Mechanism and Effective Law Forum on January 31, 2001, regarding firm's business litigation practice group, where Human Rights Dispute Resolution in Africa;' "The XFL and NBC:' his work focuses on general commerciallitiga- before a committee that included Professors tion and products liability. • Martin Foos, formerly with Faruki, Gilliam Louis B. Sohn, Ralph G. Steinhardt and & Ireland in Dayton,Ohio, has become a law • Cheryl Greene, formerly an associate at Thomas Buergenthal, who since has been clerk to Honorable Christopher A. Sopko, Inabnit & Nussbaum in South Bend, elected to the International Court of Justice Nuechterlein, federal magistrate for the has joined the Department of Law for the City at the Hague. Northern District of Indiana in South Bend. of South Bend as assistant city attorney. • Christopher J. Pardi, formerly with the • Matthew Hicks, formerly with Hall, Farley, CLASS OF 1997 Detroit, Michigan, office of Deloitte & Touche, Oberrechr & Blanton in Boise, Idaho, has has joined the law firm of Couzens, Lansky, joined the business department of the Boise Secretary: Erica Anaya Fealk, Ellis, Roeder & Lazar in Farmington office of Holland & Hart, L.L.P. Third-year Scott Hapeman was awarded the Joseph Hills, Michigan, where his practice will focus • William R. Johnson is an attorney in the A. Ciraolo Fellowship for the 2000-01 academic on corporate and tax work. Office of the General Counsel at Ford Motor year. Mr. Hapeman isfrom Cheektowaga, New • Thomas M. Quirk, formerly an associate Company in Dearborn, Michigan. His corpo- York, where Joe Ciraolo's family lives, and earned his with Chapman & Cueler in Chicago, Illinois, rate practice focuses on labor and employment undergraduate degree from Canisius College, Mr. has joined Latham & Watkins, also in Chicago, law in the office'sgeneral litigation department. Ciraolo's undergraduate alma mater. as an associate working in the area of commer- • Lance Lawson is an associate with Alston • Thomas J. Arkell has been named a partner cial finance and, in particular, secured lending & Bird,L.L.P., in Charlotte, North Carolina. at the firm now known as Dunn,Stanczak, and securitization work. He recenely passed the Patent and Trademark Willard & Arkell in Bloomington, Illinois. Mr. • Michael Sirrori, formerly with Stoel Rives Office Registration Examination, and focuses Arkell represents universities, businesses and in Portland, Oregon, has joined the legal his practice primarily on patent, trademark professionals with employment, immigration department of Intel Corporation in Hillsboro, and internet law. and litigation issues. Oregon. In his new position, he is counsel to • Michael P. Leary, formerly with the • Christopher Davies has joined the Chicago, Intel Internet Media Services, which is the District Attorney's Office in Philadelphia, Illinois, office of Foley & Lardner. company's internet audio- and video-streaming Pennsylvania, has joined the Special services division. • Sean Elliott, formerly with Paradigm Talent Prosecutions Unit of the Suffolk County Agency in Los Angeles, California, is now a tal- • Laura (Salava) Villa has been appointed (Massachusetts) District Attorney's Office in ent agent with the Endeavor Agency in Beverly general counsel of bioMeriuex, Inc., a diagnos- Boston. He specializes in white-collar crime Hills, California, which represents producers tic company with North American headquar- and public corruption investigations and such as David E. Kelley ("The Practice" and ters in St. Louis, Missouri, and world prosecutions. "AllyMcBeal") and Aaron Sorkin ("The West headquarters in Lyon, France. • Diana C. Madrigal, formerly with John Wing"), as well as top motion picture writers • MichaelJ. Willson, formerly with Arter & Wiley & Sons in New York, New York, is a and directors. Mr.Elliott works in a depart- Hadden in San Antonio, Texas, has joined legal editor at Aspen Publishers in New York. ment that represents up-and-coming actors Cotton, Bledsoe, Tighe & Dawson, P.e., in such as Scott Speedrnan, James Marsden, Paul • Bruce Wells has become director of the Midland, Texas, as an associate. Walker and Josh Hartnett, as well as more child support division in the St. Joseph County established talent such as Dustin Hoffman, (Indiana) Prosecutor's Office. He had served • Edward ], Zabrocki, formerly with the Ben Affleck, Mark Wahlberg, Drew as assistant director for the past two years, and New York, New York, office of Jones, Day, Barrymore, Frances McDormand, Edward also co-directs the PEACE Program, a neigh- Reavis & Pogue, has joined the New York Norton and Matt Damon. borhood mediation program run by the prose- office of Morgan Stanley Dean Witter. cutor's office and the Legal Services Program of • Doug Himes is working with the Tennessee Northern Indiana. General Assembly Office of Legal Services, where one of his projects involves redistricting the state of Tennessee. • Kevin LaFreniere, formerly with LeBoeuf Lamb Greene MacRae, L.L.P., Hartford, Connecticut, has joined the Hartford Insurance Company. • 30 ALUMNI N o T E s • WtlliamJ. Lehman, formerly with Bingham • Rebecca VanDrunen Vander Veen is Dana, L.L.P., in New York, New York, has CLASS OF 1998 working with World Com, Inc., in Arlington, joined the New York office of World Com, Ine. Virginia. Web site: http://alumni.nd.edu/ -law98/ • Peter J. Loughlin, formerly on active duty Secretary: Mike Rafford • Anthony C. Wisniewski, formerly with with the u.s. Navy JAG Corps, has joined the Carr Goodson in Washington, D.C., has joined • Marlon Alvarado, formerly with Ropers, Washington, D.C., office of Hunton & Tydings & Rosenberg, L.L.P., of Baltimore, Majeski, Kohn & Bentley, P.c., in San Jose, Williams as a litigation associate. Maryland, as an associate in the firm's business California, has joined Hitachi Data Systems in department. His work focuses on corporate, • Steven McBride, formerly an associate at Santa Clara, California, as associate in-house e-business and real estate transactions. Glankler Brown in Memphis, Tennessee, has counsel. joined the Legal Department of International • Greg Butrus, an associate with Balch & Paper Company, also in Memphis. Bingham in Birmingham, Alabama, and a CLASS OF 1999 • Robert J. Muise is associate counsel at the member of the University's Board of Trustees, Listserv: [email protected] Thomas More Center for Law & Justice in spoke on "The California Energy Train Wreck: Website: Ann Arbor, Michigan. The summer 2000 edi- An Energy Lawyer's Opinionated Guide;' on http://www.geocities.com/Heartland/Trai1!3096/ tion of this magazine incorrectly reported that February 20, 2001, at NDLS. Secretary: Steve Boettinger he had joined the faculty of Ave Maria Law • Joseph Brossart recently completed his School, also in Ann Arbor. We apologize for • Daniel Esrey, formerly with Brock & Clay clerkship with the U.S. Court of Appeals for the error. in Marietta, Georgia, has joined Alston & Bird the Sixth Circuit in Cleveland, Ohio, and has in Atlanta, Georgia, as an associate. • Noelle P. Ries, an associate in the profes- joined the Office of the Federal Public sional liabiliry practice group in the Cherry Defender for the Southern District of West • Lieutenant (j.g.) Bill Grady, United States Hill, New Jersey, office of Marshall, Dennehey, Virginia, where he will focus on appellate Navy, has been promoted to department head Warner, Coleman & Goggin, presented a work. for administration at the Naval Meclical Clinic "Legal Update" to the South Jersey Claims in Annapolis, Maryland. • Captain Robert Fellrath,U.S. Army, who Association at its meeting in Mr. Laurel, serves with the JAG corps at Fort Huachuca, • Traci Griffith is a government and legal New Jersey, on November 28, 2000. Arizona, was promoted to captain in affairs correspondent with the Associated • Melanie Rubocki, formerly with Neal, September 2000. Press in Chicago, Illinois. Gerber & Eisenberg in Chicago, Illinois, is an • Jeff Heck was featured in an article titled • William A. Hahn II has completed his associate in the business department of the Legal Life Doesn't Mean Strife for New Lawyers clerkship with Honorable David Hamilton Boise, Idaho, office of Holland & Hart, L.L.P. in the December 20, 2000, edition of THE of the U.S. District Court for the Southern • Christopher Slick, formerly an assistant INDIANALAWYER.The article explored the District of Indiana and has joined the attorney general for the state of Illinois, has professional life of several recent Indiana law Indianapolis,Indiana, office of Barnes & been appointed as a law clerk to Honorable school graduates. Thornburg. Robert R.Thomas '74, who was elected to the • John F. Kuckelman, with Timothy A. Pratt, • Todd Mortlock, formerly with Charles J. Illinois Supreme Court in November 2000. published The Learned Intermediary Doctrine Taunt & Associates in Birmingham,Michigan, • RaymondJ. Tittman, an associate in the and Direct-to-Consumer Advertising of Prescription has joined Bodman, Longley & Dahling, San Francisco, California, office of Paul, Drugs in the fall 2000 edition of the FICC L.L.P., in Detroit, Michigan, as an associate. Hastings, Janofsky & Walker, L.L.P., was fea- QUARTERLY. • Chuck Topping, formerly with Peterson tured in an April 18, 2001, article in the SAN • Bradley J. Meier is an associate in the & Ross in Chicago, Illinois, has joined the FRANCISCOANDLos ANGELESDAILYJOURNAL Washington, D.C., office of Kenyon & Kenyon, Chicago office of Baker & McKenzie as a for his work on a summary judgment motion practicing in the area of patent law. litigation associate. His practice focuses on for Boeing, which was rated by the publication employment litigation and general commercial as one of the rop-IO defense verdicts in • James F. Ormond, formerly an assistant litigation. California for the year 2000. Mr. Tittman also attorney general in the Labor Relations published Stop the Presses: Honesty may be the Section of the Ohio Attorney General's Office, best legal policy in talking to the media because it has joined the Columbus, Ohio, office of Arter CLASS OF 1999 - LL.M. sets up a statute of limitations defense in the & Hadden, L.L.P., as an associate in the firm's Business Advisor Section of the March 18, Director & Officer Liability Group. • Mary Margaret Penrose, an associate pro- 2001, edition of the DAILYJOURNAL.He has fessor of law at Oklahoma University School • Ariel Rodriguez has completed his two- also been appointed a member of the boards of Law, has completed her first semester teach- year clerkship with U.S. Bankruptcy Judge of the San Francisco chapter of the Federalist ing civil procedure. Her spring schedule Stephen S.Mitchell in the Eastern District of Society and the California Right to Life included courses in civil procedure, negotiation Virginia and has joined Gunsrer, Yoakley & Committee. and mediation, and human rights. She is also Stewart, P.A., in Fort Lauderdale, Florida, as working on an essay on "War Crimes" for an associate. His practice will focus on general ENCYCLOPEDIABRITTANICA.Even with her corporate law, franchise law, mergers and busy schedule, she still manages to practice acquisitions, securities law and bankruptcy. • 31 ALUMNI N o T E s law, having recently completed a Title IX law- • John Kuehn has joined the South Bend suit in Texas in which she successfully repre- office of Barnes & Thornburg as an associate NOTRE DAME LAW sented a young woman who wanted to tryout in the firm's Labor and Employment ASSOCIATION MEMBERS for a high school football team. Department. • Charles R. ShedIak '85, '91 J.D.(Cornell), • Joseph Reid has joined Gray Cary Ware & formerly an associate with Jones Obenchain, CLASS OF 2000 Freidenrich in San Diego, California, as an L.L.P., in South Bend, has become an associate associate. at Tuesley & Hall, L.L.P., also in South Bend. Secretary: vacant; please contact the Law School • Eric J. Steiner has joined the Cleveland, His practice focuses on civil litigation, with Relations Office (see p. 47) to volunteer Ohio, office of Baker & Hostetler, L.L.P., as an particular emphasis on breach of contract, • Michael D. Archer has joined the associate. business torrs, real estate, construction and Columbus, Ohio, office of Baker & Hostetler, land use law, and employment disputes. L.L.P., as an associate. • Gabe Tsui has joined the Chicago, Illinois, office of Vedder,Price, Kaufman & Kammholz • Trung D. Tu '95, '00 J.D. (Lewis & Clark) • David D. Black has joined Cokinos, Bosien as an associate. is a staff attorney with the U.S. Court & Young in Houston, Texas, as an associate. of Appeals for the Ninth Circuit in San His practice focuses on civil litigation and Francisco, California.He plans on returning corporate law. CLASS OF 2000 - LL.M. to Oregon to practice law after he completes his term with the Ninth Circuit. • Amy Jo Boettcher co-authored the fourth • Xiaosheng Huang has joined the law offices edition of THE PLANNINGANDDRAFTINGOF of Jon Eric Garde & Associates in Las Vegas, WILLSANDTRUSTS(Foundation Press) with Nevada.The firm specializes in immigration NDLS Professors Thomas L. Shaffer '61 J.D. and naturalization matters, including deporta- and Carol Ann Mooney 77 J.D. tion, consular law and visa applications. • Chrisry D. Brown is a clerk at the Second Circuit Court of Appeals in Fort Worth,Texas. • Claire Campfield is an associate with the Dallas firm of Koons, Fuller, Vanden Eykel & SPRING REUNION 2001 CLASS OF 1966 REUNION Robertson, where she practices family law. - JUNE 7-10,2001 October 12-14,2001 • Patrick Cawley has joined the litigation A. section of Pennsylvania's Office of Attorney Stephen Seall and his reunion committee are The University's annual spring reunion weekend - planning a memorable 35th reunion for the NDLS General in Harrisburg. "I" or "6" - this year for classes ending in promises Class of 1966 on the weekend of the ND- West • Akram Faizer has joined the litigation to have something for everyone, from opportunities Virginia home football game in October. Plans at department at Mackenzie Smith Lewis Michell to get together with classmates and professors, to this point include an evening cocktail party in the and Hughes, L.L.P., in Syracuse, New York. lectures by distinguished presenters from around Alumni Room of the Morris Inn on Friday, October campus, to special activities to keep small children • Colleen Grogan is an associate with 12, a morning Mass in the Law School's St. Thomas entertained throughout the weekend. For NDLS More Chapel on Saturday, October 13, and dinner Cons tangy, Brooks & Smith, L.L.c., in the alumni, weekend events include an all-classesLaw firm's Atlanta, Georgia, office. following the game at the Morris Inn on Saturday School alumni dinner on Friday, June 8, and a Mass evening. Among those already planning to attend • Matthew J. Hagenow has joined Newby, and breakfast on Saturday, June 9. are Ben Aspero, Dennis Dee, John Gott/ick, Lewis, Kaminski & Jones in LaPorte, Indiana, In addition, thefollowing classes are working Jim Hakes, Scott Maxwell, Tom McNally, as an associate. on plans for special events for their classes through- Paul Niemeyer, Paul Polking, Mike Roche, out the weekend. Please contact the alumni listed • Daniel Hail has been named associate inde- Phil Ruddy, Bill Sanneman, Steve Seall, Bob Siebert with each class, or Cathy Pieronek in the Law pendent counsel in the Office of Independent and Walt Terry. School Relations Office at (219) 631-6891 or by Counsel David Barrett, in Washington, D.C. For more information, contact Mr. Seall at e-mail at [email protected], for more information. (219) 233-1171 or [email protected] or contact his • Matthew W. Hoyt has joined the secretary, Ms. Barb Dudeck, at (219) 233-1176 or Columbus, Ohio, office of Baker & Hostetler, [email protected]. L.L.P., as an associate. CLASS OF 195 I • Brian Kersey has joined the Kalamazoo, Contact Mr. Thomas Murray at (941) 3534647 OTHER CLASSES Michigan, office of Miller, Canfield, Paddock or Mr. Rex P. O'Connor at (616) 527-3410. and Stone, P.L.c., as an associate in the firm's West Michigan Business Group. CLASS OF 1961 Contact Mr. John Moreland at (641) 682-8329; tentative plans include a pre-reunion cocktail party on Thursday, June 7, and a separate Class of 1961 dinner at Parisi's Italian Restaurant on Saturday, June 9. • 32 NEWS FROM THE NOTRE DAMELAW ASSOCIATION Election 200 I Results Congratulations to the following alumni, who will return to or join the NDLA board of directors for a three-year term beginning on July 1, 2001: NOLA BUSINESS LAW SECTION Region 4: Minnesota, North Dakota, South Dakota,Wisconsin Honorable N. Patrick Crooks '63 J.D. (incumbent) At the request of 2L Matt Kowalsky '95 of Wisconsin Supreme Court South Bend, who served as president of the Madison,Wisconsin Business Law Forum (BLF)for 2000-0 I, the Notre Dame LawAssociation is considering a Region 5: Iowa, Missouri, Nebraska, Kansas Business Law Section to provide networking and Paul Drey '89,'92 J.D. mentoring contacts for Notre Dame lawyers The Bradshaw Law Firm whose practices focus on business-law topics, as Des Moines, Iowa well as to create a resource on which NDLS stu- Region 6: Illinois(excluding Cook County) dents interested in business law can draw for Scott Sullivan '76,'79 J.D. (incumbent) speakers and other programming. BLFstudents Williams & McCarthy also hope to start a newsletter that will include Rockford, Illinois information about alumni engaged in business law practice and will also highlight current legal Region II: Northern Connecticut, Maine,Massachusetts, New Hampshire, Rhode Island,Vermont events of interest to business law practitioners. M. Ellen Carpenter '79 J.D. Ifyou would like more information on this Roach & Carpenter effort, please notify Cathy Pieronek in the Law Boston, Massachusetts School Relations Office at (219) 631-6891 or by Region 15/17:Florida,Georgia, North Carolina, South Carolina, Puerto Rico e-mail at [email protected]. Doug Kenyon '76,'79 J.D. (incumbent) Hunton & Williams Raleigh,North Carolina Election 2002 - Become a Candidate For Election 2002, the following regions will be up for election: Region 2: Colorado, Montana, New Mexico,Utah,Wyoming and Western Canada (Calgary) Region 3: Arizona, Southern California, Southern Nevada and Mexico Region 7: Michigan Region 10: New Jersey,Southern Connecticut, Southern New York Region 12: Delaware, Eastern Pennsylvania,Maryland,Virginia,Washington, D.C. Region 13/14: Alabama,Arkansas, Louisiana,Mississippi,Oklahoma, Tennessee, Texas Candidates need to satisfy only two requirements: They must be members of the NDLA (if you receive this magazine on a regular basis, you qualify), and they must reside in the region they will represent. If you're interested in running to represent one of these regions on the NDLA board, or if you'd like to nominate someone, please contact the Nominations Committee Chair no later than September 15, 2001: Richard D. Catenacci '62, '65 J.D. Connell Foley, L.L.P_ 85 Livingston Avenue Roseland, NJ 07068 phone: (973) 535-0500 fax: (973) 535-9217 e-rnail: [email protected] with cc to: [email protected] Alumni Support Student Service Once again, alumni from around the country are working to support NDLS students engaged in service work during the summer. Last year, alumni in eight cities raised between $3,000 and $4,000 each to provide students committed to service with a small stipend to help cover living expenses during the summer or to defray tuition in the fall semester. This year, alumni in nine cities - with the help of some local ND alumni clubs - will fund a total of at least 12 fellowships. Following is a list of the fellowships planned for this summer, along with alumni to contact if you'd like [0 contribute in some way. Remember, too, that your contribution need not take the form of a financial contribution. It is just as important to the students undertak- ing these challenges to have contact with local alumni to build a support network. If you'd like to contribute - either financially or with the gifr of your time at a lunch, dinner, ballgame or any other activity - please contact the alumni sponsors listed with each internship. City Service Location Albany, New York Center for Law & Justice Cincinnati, Ohio Hamilton County Public Defender Denver. Colorado Detroit, Michigan Grand Rapids. Michigan Christopher D. Coury '91, '94 J.D. (602) 258-770 I [email protected] Robert C. Weaver Jr. '72, '75 J.D. (503) 228-3939 [email protected] Hannah Callaghan '75 J.D. (503) 224-5086 [email protected] Washington. D.C. Lawyers Committee for Human Rights (two students) David Pruitt '92, '99 J.D. -and- (202) 879-5032 Washington Lawyers Committee for Civil Rights & Urban Affairs [email protected] -and- Heather K. McShain '96, '99 J.D Archdiocesan Legal Services (202) 879-3939 [email protected] More information on this program is available through the Notre Dame Law Association's web site at http://www.nd.edu/ -ndlaw/ alumni/studentservice.pdf. or from the NDLA Public Interest Committee chair, Paul Mattingly '75 J.D., at 5l3-977-8281 or [email protected]. • 34 s li UI ID IE N li N o li IE s Journals Student Service JOURNAL OF COLLEGE AND UNIVERSITY LAW WLF AUCTION RAISES MONEY FOR BATTERED • Professor John Robinson, faculty when it deals with accent because, she WOMEN advisor to the JOURNALOF COLLEGEAND argues, accent is so closely related to UNIVERSITYLAW, notes that an upcoming national origin.She urges that courts issue of the journal will be devoted to should perform a more rigid analysis of a On Friday,March 2, 200 I, members of the questions of academic freedom and respon- university's hiring decision under these Women's Legal Forum held the group's annual sibility. Topics to be addressed in the issue circumstances. Ms. Curkovic, who majored auction to raise money to help support Sex include the expressive rights of faculty in linguistics as an undergraduate at the Offense Services. Among the items auctioned members who will never pursue tenure, the University of Michigan, intends to contin- were two tickets to an ND home football game relevance of the "matter of public concern" ue studying the interaction of law and in the fall,typing a bar admission form and din- test to faculty speech, and the responsibili- language. ners with professors and their families,which ties of faculty members to the university helped raise over $4,600 for the program. Kathy community. The journal is the primary • Tim McFadden, a third-year student Brannock, a third-year student from Albany, publication of the National Association of from Arlington Heights, Illinois, published New York,served as chair of the 200 I auction. College and University Attorneys, and has The New Age of the Eleventh Amendment: A been published by NDLS for the past 13 Survey of the Supreme Court's Eleventh years. It has the second-largest circulation Amendment Jurisprudence and a Review of of any legal journal in the nation (behind Kimel v. Florida Board of Regents in the SJ/PILF Continues only the HARVARDLAW REVIEW). fall 2000 issue of the JOURNALOF COLLEGE If you're interested in the issue of AND UNIVERSITYLAW. His note surveys Thanksgiving Tradition academic freedom or if you would like to the history, interpretation and application subscribe to the issue, please contact the of the Eleventh Amendment, focusing in embers of the Social journal staff bye-mail at [email protected] or in particular on Kimel v. Florida Board of Justice/Public Interest writing to B3 Law School, Notre Dame, Regents, decided by the court in January Law Forum continued an IN 46556. 2000. He argues that the court's recent annual Thanksgiving tra- decisions to expand the application of sov- ditiM\on by delivering food baskets to area • Kristina Curkovic, a third-year student ereign immunity and narrow its exceptions families in the week before the holiday. from DeWitr, Michigan, published Accent create difficulties in effectively enforcing Donations from students, faculty, adminis- and the University: Accent as Pretext for federal law, among other problems. Mr. trators and staff were supplemented by the National Origin Discrimination in Tenure McFadden studied economics at the proceeds of the annual "Immunity Days" Decisions in the spring 2000 issue of the University of Notre Dame as an under- effort, in which professors agree not to call JOURNALOF COLLEGEANDUNIVERSITY graduate and plans to work for Lord, on students who bring in an agreed-upon LAW. Her note suggests that the deference Bissell & Brook in Chicago after graduating number of canned goods or an agreed- courts have traditionally shown toward in May 2001. upon amount of cash to support the food academic hiring decisions is misplaced drive. Marjorie McCanta, a third-year stu- dent from Yorba Linda, California, who served this year as the president of the JOURNALS ELECT EDITORS-IN-CHIEF FOR 2001-02 Social Justice Forum side of SJ/PILF, reported that the "Immunity Days" effort The staffs of the four legal journals at NDLS elected the following members of the Class of 2002 as editors- raised close to $1,000 and almost complete- in-chief for the coming academic year: ly covered the cost of the 51 baskets. In addition, several professors sponsored bas- - NOTREDAMELAw REvIEw: Leon F. Dejulius of South Bend,lndiana; kets. The students also had enough canned - JOURNAl.OF COllEGE & UNIV8ISITYLAw:Anne Peterson '93 BA of South Bend,lndiana; food left over from the food drive to make - NOTREDAMeJOURNAl.ON LAw,ETHICS& Pusuc POUCY: Joseph J. Shimek of Brookfield, Wisconsin; and a large donation to South Bend's Center - JOURNALOFlEGISlATION:Matthew Bozzelli '99 B.BA of Rochester, New York. for the Homeless. • 35 S T U DEN T N o T E S Trial Teams NDLS 2L Places in U.K. Essay Competition ongratularions to Adrian Delmont, a second-year student from Beemer, c Nebraska, who placed third and won £1,000 in this year's TIMES Law Awards essay competition, held in conjunc- tion with One Essex Court, the chambers of Lord Grabiner, Q.c. According to THE TIMES (London), this year's topic, "Ethical Dilemmas: Who Should Decide - 51st Annual Showcase Moot Court Argument Scientists, God or Lawyers?" produced a record number of entries. The lord chan- cellor, Lord Irvine of Lairg, headed the ive members of the NDLS Class respondent in the case of Lex Luthor and judging panel and praised the quality of the of 200 1 demonstrated their oral Lexcorp International, Inc. v. The Daily Planet. entries as "exceptionally high:' He further advocacy skills on Thursday, The students presented rwo issues in noted that the consensus of the entries was IF February 8, 2001, at the 51st the case before three presiding justices thar"while science and religion both had a Annual Showcase Moot Court Argument. including Honorable Richard S. Arnold part to play, the inevitable consequence of a Aaron Markowitz of Huntington, New and Honorable Morris S. Arnold of the civilized society seeking to resolve ethical York, and Ryan Mahoney of Dayton, Ohio, U.S.Court of Appeals for the Eighth dilemmas was to increase the burden on appeared for the petitioners, while Circuit, and Honorable William H. our judges - if legislation has not provid- Marjorie McCanta of Yorba Linda, Baughman Jr. '74 J.D.,U.S. magistrate ed the solution," Mr. Delmont was the California, Stephanie Renner of Somerset, judge in the U.S. District Court for the only American student to place in the Kentucky, and Krisra Zimmerman of Northern District of Ohio. One issue competition. Goshen, Indiana, appeared for the concerned the constitutionality under the BLSA SPONSORS DEATH~PENALTY PANEL DISCUSSION As part of Black History Month, the NDLS Black Law Students Association, together with the Notre Dame chapter of the American Civil Liberties Union and the Notre Dame Coalition to Abolish the Death Penalty, sponsored a panel discussion on "The Disproportionate Application of the Death Penalty on African Americans" on February 27,2001. Panelists included NDLS Assistant Professor of Law Richard W. Garnett, NDLS alumnus and current St Joseph County (Indiana) Prosecutor Chris Toth '93 J.D., Richard Kammen, an Indiana attorney who litigates death-penalty cases, and Thomas H."Speedy" Rice, professor of law and director of the externship and clinical programs at Gonzaga University School of Law. • 36 S T U DEN T N o T E S First Amendment of a statute that pro- concluded, the judges took the opportunity participant regarding the strengths of their hibits the use or disclosure of information to compliment the students on their skills. individual presentations. He further com- from an illegally intercepted communica- Judge Baughman noted that all of the stu- mented on how much he enjoyed being tion - in this case, the respondent news- dents displayed superb technical skills and part of a moot-court competition in which paper was being punished for publishing were able to answer the judges' questions he did not have to decide the winner, as is illegally intercepted cell phone communica- yet still stay on point. Judge Morris the custom at NDLS. tions that the newspaper itself did not Arnold, who actually had heard one of the The team was coached by NDLS intercept. The other issue involved an cases that formed the basis for the argu- Adjunct Assistant Professors of Law interpretation of the damages section of ments in this case, praised the students for Robert Palmer '77, a member of May, the statute, and whether it provided for their command of the law and noted that, Oberfell and Lorber in South Bend, and mandatory or permissive damages for a after hearing the arguments presented, he Edward Sullivan III '93 J.D., an associate at violation. might have ruled differently in the actual Baker & Daniels in South Bend and a All five students presented their case. Judge Richard Arnold took the member ofNDLS's 1993 moot court arguments commendably. After the case time to make specific comments to each national championship team. NDLS 2Ls Earn Second Place In U.K. Jessup Moot Court Competition he Notre Dame London Law to discover that the competitors were to Oxford, and Matthew Happold of the law Programme's first-ever entry argue before a full judicial panel. Typifying department at Nottingham University. in the United Kingdom's the high qualiry of judging throughout the Besides NDLS, teams from Coventry, II Philip C. Jessup weekend, the panel was presided over by Essex, Sussex, London School of International Moot Court Competition Carol Kalinoski, U.S. Department of Economics, Leeds, Napier, Strathclyde garnered great success. The team of Joanna Commerce, joined by Jack Norton, solicitor and Nottingham Trent argued in the U.K. Angelides of Salt Lake City, Utah, James from Scotland, Professor Czapiinski, pro- event. Event rules required blind affilia- Arrowood of Mishawaka, Indiana, Adrian fessor of European and international law tions, so the ND team never knew which Delmont of Beemer, Nebraska, and Lars from Poland, Paul McKell, of the Foreign schools they defeated as the weekend pro- Knudson of Princeton, New Jersey, led by and Commonwealth Office, Professor gressed. Based on accents, however, they team captain Brian Skaret of Colorado Goodwin-Gill, professor of refugee law, believe they overcame Strarhclyde of Springs, Colorado, won best memorial for the United Kingdom.Their brief now goes to Washington, D.C., to compete with 1~.llf Iii111 briefs from around the world in the Jessup II I world finals sponsored by the International Law Students Association. At the U.K. event, the team placed second overall, only rwo points behind the winning team from 1Ill!1 II Nottingham Trent. Mr. Delmont finished only two-tenths of a point behind the top English oralist, while Mr. Skaret placed a close third. To reach the finals, the NDLS team argued four times on Saturday as well as in the semifinal round on Sunday morning. Excitement mounted, and spectators from the competition as well as a huge contin- gent from the Notre Dame program packed the gallery for the finals. With the words,"All Rise!" American eyes widened • 37 S T U DEN T N o T E S Scotland in the semifinals. Due to the tournament structure, the NDLS team competed against all but two schools during the competition. Much credit goes to Brian Skaret, who worked from October through January just to cut through the red tape to enable NDLS to participate. Mr. Skaret made contacts, cajoled and persuaded tour- nament officials using arguments such as the separate nature of the London full-year program and the fact that NDLS students pay taxes to the Crown. Very late in the game, the students got the "go-ahead:' While their efforts began in the fall with experienced coaches, the NDLS students learned only around Christmas that they would be able to enter the U.K. competi- tion. Upon their return from Christmas travels, these five committed students researched and wrote in earnest for two NDLS 3Ls Place Second In Regional U.S. Jessup weeks, then mooted for two more. Team strategy placed Mr. Delmont and Mr. Competition Skaret as double-pleading oralists, while team of four third-year students placed second in the regional competition Ms. Angelides, Mr. Arrowood and Mr. of the Jessup International Moot Court program held in Chicago in Knudson each analyzed and countered February. Lisa-]o Baker of Sourh Bend, Chad deVeaux of Defiance, Ohio, briefs presented by opposing teams. Aaron Markowitz of Huntington, New York, and Krista Zimmerman of The team also had the support of Zo A Goshen, Indiana, represented NDLS well in the tournament. Kevork, an LL.M. student in the London Faculty advisor Professor Dinah Shelton commented on the team's performance: "The program, and NDLS London faculty mem- team made the finals, where it was narrowly edged our by the University of Michigan, thus bers Geoffrey J. Bennett, Susan Hawker coming in second among the dozen teams in the region. It took the judges - a member of and Frank Wooldridge, who all helped to the Seventh Circuit, a former clerk of the International Court of Justice, and the head of prepare the students for this competition. the ABNs international law section - over an hour to come to a split decision after the To go so far in such a short period of final round:' time shows the dedication, commitment The team took third place for its Memorial and, among the 50 or so oralists, Mr. and teamwork of these five students. At the Markowitz received second place for his effort and Ms. Zimmerman received fourth place U.K. opening reception after the first five for hers. rounds, faculty advisors from other schools approached the ND students to learn more abour the Notre Dame London Law Programme. So along with congratulations NDLS 2LS PLACE THIRD IN REGIONAL CLIENT goes a hearty thanks to these five students COUNSELING COMPETITION for initiating NDLS's great start in the U.K. competition. They have laid a solid Second-year students Tamona Bright of Killeen,Texas,and Myra McKenzie of Slidell,Louisiana,represented foundation and given a challenge to the 1Ls NDLS at the regional client counseling competition in Chicago the weekend of February 17,200 I. Finishing planning their year in London! third in a competition in which the top two teams advance to the nationals, a mere two points separated the - Lucy Salsbury Payne '88 J.D., NDLS team from the second-place team. Faculty advisor Judy Fox '93 J.D.,an associate professional specialist Research Librarian in the LegalAid Clinic,commented,"Several judges made a point of approaching me to tell me what a great Notre Dame London Law Programme, job our team had done. It was a disappointment to come so close, but the team has nothing to be ashamed Spring 2001 of. They really were excellent!" Third-year student Eric Martin of Green BayWisconsin, , served as the student coordinator of the competi- tion this year. He organized the intra-school competition through which Ms. Bright and Ms.McKenzie advanced to the regional competition, and helped the NDLS team practice by playingthe clients in prepara- tion sessions. • 38 s H LA SPORTS REPORT Softball Teams Head East for Tournament 3Ls Dominate Law League Sports n the last weekend in March, the Law School sent a team to compete in the annual law n the fall semester, Corpus Delecti Barrett of Exton, Pennsylvania, Matt school softball tournament secured the Law League Flag Reiffer of Grand Rapids, Michigan, Alex sponsored by the University of Football championship with its team Rucker of Vancouver, British Columbia, Virginia. JonMarc Buffa, a third-year stu- of 17 third-year students, augment- and Rich Weicher of Oak Park, Illinois, 2L dent from Freehold, New Jersey, reported ed by one second-year student, Mark Roule of LaPorte, Indiana, and 1L that the NDLS team was eliminated in the including: Rich Ambrow of Warren, John Michalik of Mount Prospect, Illinois. first round of the tournament. Michigan, Matthew Barrette of Beaver For the Law League B championship, Dam, Wisconsin, Mario Bianchi of Vashon a team of first-year students stepped up Island, Washington, Paul Dean of South to establish their place in NDLS sports. Bend, Chad DeVeaux of Defiance, Ohio, Team members included A.J. Abraham Chris Dobranski of Dexter, Michigan, E.J. of Warren, Ohio, Keith Alexander of Johnson of South Bend, Jonell Lucca of Manchester, Missouri, Conor Dugan of Henderson, Nevada, Ryan Mahoyen of Grand Rapids, Michigan, Kyle Forsyth of Dayton, Ohio, Aaron Markowitz of Shoreline, Washington, Brian Mastee of Melville, New York, Rafael Millares of Spring Lake, Michigan, Shawn Peterson Miami, Florida, Dave O'Guinn of of South Bend, John Vaglio of Leawood, Indianapolis, Indiana, Billy Ryan of Kansas, and Jon Worm of Riverhead, Pequannock, New Jersey, Jason Scheiderer New York. of South Bend, Chris Schultz of Rochester Hills, Michigan, Tim Wendling of Burbank, California, Todd Yeagley of Claremore, Oklahoma, and second-year Ben Jilek of Cedar Rapids, Iowa. In the spring semester, lexis.com Bowling Attracts a Crowd Depraved Indifference, a team of seven third- years, a second-year and a first-year, cap- aw students have turned out in strong numbers for this year's Law School bowl- tured the Law League A championship. ing league, as an average of 135 students - nearly one-quarter of the student Team members included several members body - have spent their Thursday evenings at Beacon Bowl near the South of the Corpus Delecti, including Matthew Bend Airport to participate on one of 27 Law School teams that have taken over Barrette, Mario Bianchi and Dave the facility for one night each week. Beacon Bowl provides unlimited bowling for O'Guinn, as well as fellow 3Ls Peter three hours, plus shoes, for the amazing (law-student-negotiated) price of $6 per person. • 39 Ten Law Students Compete in Law School Team Wins Bengal Bouts 2001 Grad League Basketball Championship en NDLS students participated in the annual Bengal Bouts boxing competition to benefit the Holy Cross Missions in Bangladesh, with a lL defeating a 3L and enzel's Fan Club, a team com- capturing the crown for his weight class. posed of seven second-year In the heavyweight class, first-year Carlos Abeyta of Lubbock, Texas, defeat- law students, an M.B.A. ed third-year Dan Adam of Hales Corners, Wisconsin, by a technical knock-out student and Assistant midway through the second round of the championship tournament. Mr. Abeyta reached Professor of Law Rick the finals by prevailing in a split decision in the quarter-finals and by winning his semifinal "Charity Minutes"Garnett, won the round, both against undergraduate students. Mr. Adam reached the finals with a bye into Graduate/Professional/Staff league basket- the semifinal round, in which he defeated yet another 3L, Steve Pratico of Archbald, ball tournament for the second year in a Pennsylvania. Mr. Pratico had advanced to the semifinal round by a first-round knockout row, defeating a team of first-year M.B.A. in the quarterfinals. students in the finals on March 5, 2001. In addition, a number of students competed in other weight classes, with the results Besides Professor Garnett, team as follows: members included second-year students • In the 155-pound_weight class, 3L Sean Nowak of Erie, Pennsylvania, who had T.e. "Cortizone" Couhig of Painesville, been a champion in this weight class in prior years, defeated fellow 3L Joseph Czerniowski Ohio; Parrick 'T called that bank shod" Dahl of Franklin Lakes, New Jersey, in the quarterfinal round in a second-round TKO decision of Winnetka, Illinois; Martin "Sleepy" that THE OBSERVERreported as "disputed" and "controversial:' Mr.Nowak, however, lost in Kappenman of Madison, South Dakota; the semifinal round in a split ecision. Shawn Monterastelli, a 2L from Blue Springs, Kevin "Kobe" Lohman of Northridge, Missouri, also competed, but did not make it to the quarterfina s, California; Fred "Clooney" Marczyk of • In the 160-pound weight class, Andrew Baum, a 2L from Bexley, Ohio, lost in the Absecon, New Jersey; Kevin "Stella!" Stella first round. of Carmel, Indiana; Steve "Son of Audit" • In the 165-poun weight class, 2L Tim McCurdy of Cumberland, Iowa, lost in the Klein of Cranberry Township, first round, while 3L Billy McMurtrie of Bethesda, Maryland, lost his quarterfinal match Pennsylvania; and Steve's brother Scott by a unanimous decisio after the third round. "Audit" Klein, who is in the M.B.A. pro- • And finally, in the l8S-pound weight class, Eric Goulet, a 2L from Baldwinsville, gram in the University's Mendoza College New York, defeated his opponent in the quarterfinal round, but lost in a unanimous deci- of Business. sion in the sernifin I round. • Coquese Washington '92, '97 J.D. can business for the team. He will oversee for an upcoming event, concentrating pri- claim yet another national championship team finances, non-player personnel and marily on his speed work and conditioning. this year in addition to the championship the team's business operations and security she earned last summer as a member of the departments, and will also be the team's • Karen Morrison '87 J.D., an administra- WNBXs Houston Comets. As an assistant primary legal advisor. tor in the Colorado University athletic coach to Notre Dame's national-champi- department, was featured in an article in onship women's basketball team, she now • Karl Ulrich '86 J.D., was featured in an the sports section of the March 13, 2001, enjoys a collegiate championship as well. article in the December 20, 2000, edition of DENVER POST regarding her role in putting One of the hallmarks of the Fighting Irish the DAYTON(OHIO) DAILYNEWS for hav- together the 64-team field for the NCAA this season was their stepped-up defensive ing competed in the most recent Chicago Division I women's basketball tournament. play, giving them the distinction of being Marathon on October 22, 2000. His time Ms. Morrison, formerly an assistant coach the fourth-ranked defense in NCAA of 3:31.20 placed him in the top 10 to 15 of the Colorado Buffalos women's basket- Division I-A in terms of points allowed per percent of his age bracket in the marathon, ball team, was one of two rookie members game. Newspaper articles last year and which - with 29,000 participants - is of the eight-member selection team that this year have credited this improved one of the largest in the country.The arti- met on Sunday, March 11, to finalize the defensive play to Ms. Washington's coach- cle notes that Mr. Ulrich would like to brackets for the 20th NCAA women's ing and professional basketball experience. improve his marathon time by 10 minutes tournament. Her appointment to the to qualify for the Boston Marathon.He selection committee is for four years. • Kevin Warren '90 J.D., formerly vice also hopes to run in a marathon in Berlin, She also serves as a member of the Big XII president for football administration with Germany. academics eligibility compliance cabinet, the St. Louis Rams, has joined the Detroit Entering his seventh year as a road and serves on NCAA subcommittees in Lions NFL franchise in the newly created race runner, Mr. Ulrich averages between that area. position of senior vice president of 30 to 40 miles a day to help him prepare • 40 IL A w s c HI o o L ATHREE-JUDGE PANEL OF THE Natu ral Law Institute US. COURT OF APPEALS FOR THE Seventh SEVENTH CIRCUIT - comprised of Receives Support from NDLS Professor Honorable Kenneth F. Ripple, Honorable Daniel A. Manion and Olin Foundation Circuit Sits Honorable Michael S. Kanne - sat in ses- sion at NDLS on Monday, April 2, 2001. heJohn M. Olin Foundation at NDLS The judges heard oral arguments in three has given $225,000 to the Natural Law Institute at cases: • Harbor Motor Co., Inc. v. Arnell IINDLS to support publication Chevrolet-GEO, Inc. and Post-Tribune of the institute's journal, the AMERICAN Publishing, an appeal from a jury verdict in a copyright case heard by the US. District Court JOURNALOFJURISPRUDENCE.In announc- for the Northern District of Indiana, Hammond Division. Oral arguments addressed ing the gift, University President Reverend Edward A. Malloy, C.S.c., noted that the whether the First Amendment shields a newspaper from liability for copyright infringe- ment, and whether the prevailing party may recover attorneys' fees. journal "is steadfast in its advocacy of the • Pleasureland Museum, Inc. v.Beutter, an appeal from denial of summary judgment in principles of natural law and crucial to the moral vision of the University. It is gratify- a case heard by the US. District Court for the Northern District of Indiana, South Bend Division. Oral arguments addressed a violation of due process and the right of privacy, as ing to know that the Olin Foundation well as overbreadth and a corresponding violation of the First Amendment, in a case chal- shares our convictions:' Father Malloy fur- lenging a Mishawaka ordinance that regulates "sexually oriented businesses:' ther commented that the gift, which con- • United States v. Algood, an appeal of a conviction for mail fraud heard by the US. tinues a long-standing relationship between District Court for the Northern District of Indiana, Hammond Division. Oral arguments the institute and the foundation, "assures addressed the appellants' challenge to the trial court's ruling preventing the appellants from that one of Notre Dame's finest publica- using past conduct and criminal convictions against the government's principal witness, as tions will continue to flourish while main- well as the trial court's use of sentencing guidelines. taining the highest intellectual standards:' The publication is co-edited by NDLS Professors Gerard V. Bradley and NDLS Hosts Distinguished Speakers John M. Finnis. It has been published continuously since 1956, under the title uthor and investigative journalist Don Mullan discussed the sources of the NATURALLAW FORUMfrom 1956 to 1970. violence in Northern Ireland in a talk at NDLS on March 7, 2001. His talk, It is a unique periodical devoted to the "Violence, Politics and Collusion: The Causes Behind Northern Ireland's scholarly investigation of all aspects of A Worst Tragedies;' followed a book signing at the Hammes Notre Dame natural law including its relevance to the Bookstore for Mr. Mullan's latest work, EYEWITNESSBLOODYSUNDAY,a book published solution of contemporary problems. on the 25th anniversary of the January 30, 1972, event known as "Bloody Sunday;' in which 13 Irish Catholics were killed by British soldiers during a civil-rights march in the city of Derry. Mr. Mullan witnessed the killings as a 15-year-old boy and included in the book his own account of the day, as well as research that has led to a new official inquiry into the killings. (Please see the related article by third-year law student Sean O'Brien '95 on p. 10.) 2001-02 TUITION The NDLS Irish Law Society, together with the University's Keough Institute for ANNOUNCED Irish Studies and the Hammes Notre Dame Bookstore, sponsored the talk. • NDLS, along with the Center for Civil and Human Rights, the Black Law Students Tuition for the 200 1-02 academic year has Association, the Coalition to Abolish the Death Penalty and Right to Life presented a talk increased 4.8 percent to $24,920. The University on April 4, 2001, titled "Will the Death Penalty in the United States Survive in the 21st reports that this is the lowest percentage Century?" by Stephen B. Bright, director of the Southern Center for Human Rights. increase in 40 years. • The Natural Law Institute hosted Timothy Endicott, fellow in law at Balliol College of Oxford University, who gave an Olin Distinguished Lecture titled "How to Speak the Truth" on April 5, 2001. A Canadian by birth, Dr. Endicott practiced law in Toronto, Ontario, before completing his doctorate in legal philosophy at Oxford.Oxford University Press recently published his first book titled VAGUENESSIN LAW. • 41 LAW SCHOOL BR E FS New Course in BARRISTERS BALL ENLIVENS END OF MARCH Medical Malpractice The Blue Heron banquet facility at Blackthorn Go~ Course was the scene for the annual Barristers Ball Law for Spring 200 I (former~ law Ball)on Saturday,March 31, 200 I. Students, faculty and their guests enjoyed an evening of dinner and dancing in the picturesque setting. Andrew Spalding joined the NDLS adjunct faculty this spring to teach a course in the Law of ID Medical Malpractice. Mr. Indiana Court of Appeals Visits NDLS Spalding is of counsel to the South Bend firm of May, Oberfell & Lorber, where his three-judge panel from the Indiana Court of Appeals visited NDLS on litigation practice focuses on medical mal- Wednesday, November 15, 2000, to hear oral arguments on an appeal in a crim- pracrice, health-care law and products lia- inal matter that involved the legality of a search under the Fourth Amendment. bility. He earned his A.B. in 1983 from A Honorable Sanford M. Brook, formerly an adjunct associate professor of law in Miami University and his J.D. in 1986 from the NDLS trial advocacy program, was joined by Honorable Edward W. Najam Jr. and Valparaiso University School of Law. He Honorable Nancy Harris Vaidik on the three-judge panel, which heard an appeal involving has served as a business law instructor at a search warrant for drugs that was not served by police until a week after it was issued. Valparaiso's College of Business The defendant maintained that the warrant was stale and that the evidence found - Administration, as well as an adjunct including several bags of cocaine and marijuana, eight handguns and $6,400 in cash - professor teaching a course in medical should not be allowed into evidence at his trial. malpractice at Valparaiso's Law School. The program is part of an attempt by the court to bring the court's work closer to the The new course examines the public. The following day, the panel heard an appeal on another criminal matter at John elements and defenses of a medical Adams High School in South Bend. malpractice claim, and considers issues of insurance, access, product liability and peer review, especially from the perspective of T preparing for litigation. 14th Annual Fr. Mike Talent Show LL o w s H p he NDLS Student Bar Association hosted the 14th annual installment of the Fr. Mike Talent Show, "2001: A Comedy Odyssey;' at the IIAlumni-Senior Club on Saturday, February 17, 2001. As usual, students and members of the faculty who attended were treated to an evening of comedy - and even some talent - and rhe Reverend Michael D. McCafferty, C.S.c., Fellowship benefited from the admission fees. Second-year members of the SBA who organized the event included: Nicole Borda of Mechanicsburg, Pennsylvania, Kale Ness of South Bend, Will Thompson of Lexington, Kentucky, and John Thurmond of South Bend. Mr. Thompson and Mr. Thurmond, along with 2Ls Caroline Curtiss of Plymouth, Michigan, and Sean McLaughlin of Spokane, Washington, served as masters of ceremonies. The top prize of the evening went to Ryan Carson, a first-year student from South Bend, who entertained the audience with his original piano composition. • 42 LAW SCHOOL BR EF S "Thank You" to Admissions Volunteers News from the Admissions Office aving a student body drawn from all across the country - as well as from a number of foreign countries - helps to malee the educational experience at NDLS interesting and enlightening. It also provides quite a challenge for New Admissions lHI the Admissions Office, which must staff law-school information fairs - also called "law days" - at a wide range of schools nationwide. Thankfully, our nationwide Director to Join NDLS alumni respond to the call, year after year, to rake time out of their own busy work and home lives to represent NDLS at these events. The Admissions Office would like to thank ean Patricia A. O'Hara the following volunteers, whose efforts on behalf of NDLS at 47 of these information '74 J.D. has announced events helped to net nearly 2,000 applications for the NDLS Class of 2004: that Charles W. (Chuck) Roboski has been named lD Alumnus/a law Day the new director of admissions at NDLS. Carlos Acosta '90 J.D. .TexasA&M University, College Station He and his family - including his wife Henry Alford '93 J.D. . Centre College and five children - will move to South Charles Ashdown '86 J.D. .Xavier University Bend in June after he completes the year as Thomas Berra '92 J.D. . . Washington University assistant dean for admissions and financial Monty Bottom '82J.D ...... •.•..•...•.•.•.•..... University of Oklahoma aid at the Ohio State University College of James Canfield '79,'84 J.D.. Stanford University Law. Mr. Roboski has significant experi- Stephan Chan '90 J.D.. .. . University of California, San Diego Mark Cole '96 J.D...... S!. Thomas University ence in law school admissions, having Gregory D. Cozad '85 J.D.lM.B.A. . .University of Illinois worked in the field for more than 15 years. Christopher Davies '97 J.D...... Chicago State University - Minority Law Recruitment Forum Prior to Ohio State, he was director of Suzanne DeVine '87, '92 J.D. .University of Michigan admissions and financial aid at Regent Brian Dolasinski '91,'95 J.D...... University of Arizona University School of Law, as well as at the P. Douglas Duncan '94 J.D...... •..•..•..•...... University of California, Los Angeles University of Dayton School of Law. He Dana Eismeier '84 J.D.. University of Colorado earned his B.A. from Ohio Dominican Peter Farb '83 J.D. . University of Wisconsin, Green Bay College, his M.A. from Georgetown James Ganther '84,'88 J.D. . University of South Florida University, and his M.B.A. from the Richard Gibson '85 J.D. . . .Southern Illinois University University of Dayton. Teresa Ereon Giltner '86 J.D. . .S!. Mary's University, San Antonio Gary Gottschlich '71 J.D...... Wright State University Leslie Sudbury Haydel '91 J.D. .University of North Carolina, Chapel Hill Richard Holzheimer '96 J.D University of Virginia Lynne M. Hook '93 J.D. .. . . University of Southern California TO BECOME INVOLVED Luke Jacobs '95 J.D. . Niagara University Thomas Kellenberg '80 George Washington University To volunteer to help recruit the next generation Bernie Keller '95, '98 J.D. . Indiana University, Bloomington of Notre Dame lawyers - by representing Andrea Larkin '80,'83 J.D. . .Michigan State University Astrid LeBron '99 J.D. . PRLDEFat Pace University NDLS at information fairs or by speaking directly Thomas Madruga '92 JD...... •..•..•..•..•..... Pepperdine University with applicants or accepted students - please Idolina McCullough '95 J.D...... University of Texas, Austin contact the Admissions Office as indicated Michael R. Mendola '92 J.D. . University of Rochester below: Timothy Murphy '88 J.D...... •.....•.•..... Bates College Todd Nelson '88 J.D. . Phi Alpha Delta Fraternity at University of Washington bye-mail: by mail: James Ormond '98 J.D. . Ohio State University Heather Miller Moriconi Admissions Office Anthony Patti '90 J.D. . Adrian College Assistant Director of Admissions P.O.959 Vanessa Pierce '96 J.D...... Brigham Young University [email protected] Notre Dame Law School Scott Richburg '95 J.D. . University of North Florida Notre Dame, IN 46556 Brendan Rielly '96 J.D. . Bowdoin College Charles Sacher '89, '92 J.D and University of Miami, and Florida International University by phone: (219) 63 1·6626 Thomas Gamba '76 J.D. Thomas Shumate '98 J.D. ...•..•..•...... •. ..Vanderbilt University In addition, if you know of a top candidate that Kathryn Smith '93 J.D.. ... Arizona State University you think would make a great Notre Dame Jack Strauch '95 J.D...... •. . Wake Forest University lawyer,please contact our Admissions Office at Jeffrey Stromberg '93 J.D. .University of California, Davis (219) 631-6626. We will send you an application Jeffrey Stuckey '82 J.D. ... Michigan State University - James Madison College booklet Simplysign and date the top of the Jeremy Trahan '96 J.D. . Cleveland Metro Area at John Carroll University Mark Wattley '91 J.D. .. Northwestern University front page of the application form before givingit Mario Zepponi '88 J.D.lM.B.A. ..University of California, Berkeley to your prospective applicant In appreciation of your endorsement, we will waive the application fee for an individualof special interest to you. • 43 LAW SCHOOL BR E S New Assistant Director Joins CSO News from the Career Services Office Peter Horvath joined the CSO staff in February as assistant director for career Speakers for Spring 200 I services. Mr. Horvath earned his J.D. in 1999 from Indiana number of speakers came to • Erin Bartholomew '88,'93 J.D. and University School of Law- NDLS in the spring 2001 Morrison Warren '91 J.D. from Chapman Indianapolis, and his semester to provide students & Cutler's Chicago office presented B.A. in history and speech with advice on searching for strategies for successful summer clerkship in 1992 from Wabash jobAs and developing a career path. Thank experiences. College in Crawfordsville, you to the following: • Kari Gallagher '90,'93 J.D. and Patty Indiana, where he was McKinnon '94 J.D. provided insights on a also a three-year letter • Lisa Abrams, author of THE OFFICIAL successful first year in practice. winner and co-captain of GUIDE TOLEGALSPECIALTIES,addressed • Patrick Rocchio '69, '72 J.D., Thomas P. the college's football team. the wide range of career options available Keller '92 J.D. and James Ehrhard '00 J.D. In law school, he served as president of the to new lawyers. provided advice to students considering Student Bar Association and was co- • Angela Ostrom of the Washington, careers as sole practitioners, focusing on founder and vice president of the St. D.C., office of the Social Security the advantages and challenges involved, as Thomas More Society. Before joining the Administration, discussed careers with that well as discussing marketing and communi- NDLS administration, he worked as an agency. ty involvement. associate attorney at Konopa & Murphy, • James Kane '88 J.D., head of Arthur • Attorneys from a number of offices of P.c., in South Bend. Andersen recruiting in Chicago, presented Bryan Cave, L.L.P. - including alumni a case study of the type of work in which Beth Carver '81 J.D., and Kira Lodge '95, How to Hire a Notre his firm engages (co-sponsored by the '00 J.D., with Kelley Farrell, Chris Business Law Forum). Manning, Steven Sunshine and Robert Dame Lawyer • Captain Michelle Ryan '90, '94 J.D., U.S. Thompson - presented panel discussions Army, discussed careers in the Army Judge on "The Nuts and Bolts ofInterview he CSO is in the process of Advocate General Corps. Skills" and "The Summer Experience:' scheduling interview slots for • Todd Grice '95 J.D., assistant general • Wendy Osborn, an FBI agent, gave a employers for the fall on-cam- counsel for Nibco in Elkhart, Indiana, dis- presentation on the work of FBI agents, pus interview season. To sign cussed the role of the general counsel in a jobs open to lawyers, qualifications needed IIup and join the over 200 law firms, corpo- corporation (co-sponsored by the Business to join the agency and the application rations and government employers who Law Forum). process. come to campus every year to hire a Notre • Pam Malone and Dusti Plunkett, pri- • Lexis- Nexis offered "Prepare to Practice" Dame lawyer, please contact the CSO. If mary recruiting staff for McGuire Woods, classes to all students, covering a range of you cannot make it to fall on-campus inter- presented a program on east-coast hiring legal topics as well as the general cost- viewing, the CSO can also post available practices. effectiveness of Lexis searches. positions and collect resumes to send to • Kimm Walton, author of the best sellers • Mark Pomfret '92 J.D. and two of his you directly. To schedule interviews and GUERILLATACTICS FORGETTING THE colleagues from the Boston, Massachusetts, post positions, please contact: LEGALJOB OF YOUR DREAMS,AMERICAS office of Testa, Hurwitz and Thibault Trish Dunn GREATESTPLACESTO WORK and WHAT presented "Your First Summer - An 118 Law School LAW SCHOOL DIDN'T TEACHYou BUT Investment in Your Future;' in which they Notre Dame, IN 46556 You REALLYNEED TO KNOW, discussed discussed projects and assignments that are phone: (219) 631-7542 career and job-search strategies. attractive to future employers - projects fax: (219) 631-4789 • Aladean DeRose, an attorney in the that summer clerks should look for and e-rnail: [email protected] South Bend City Attorney's Office and wife volunteer to take on. of NDLS Professor J. Eric Smithburn, • Cynthia Adcock, director of pro bono along with John Maciejczyk '84 J.D. and services at the AALS, discussed ways in Laura Curliss '84, '93 J.D. of the St. Joseph which pro bono service enhances practical SPEAKERS County (Indiana) Prosecutor's Office, skills and adds to an individual's enjoyment described the work of their offices, the of the practice oflaw. The eso had the opportunity to host a number experiences new attorneys can gain in these of speakers, particularly in the spring semester. If positions, and the transferrable skills you would like to share your experiences with learned through these positions. NDLS students in the coming academic year, please contact the eso. • 44 LAW SCHOOL BR EFS News from the Career Services Office, continued Speakers for Spring 200 I, continued New On-Line Alumni May Access Networking/Mentoring Job-Search Database • Michael Oddo '84 J.D. and Victor Henry of Henry Oddo Austin & Fletcher, P.c., in Matching Program t NDLS, we continually Dallas, Texas, returned to Professor Robert strive to find new ways to s part of the University's new E. Rodes' third-year ethics class to discuss help our alumni use their on-line database system, issues of practical importance to all attor- legal education and experi- neys, focusing this year on ethics and civili- which will go live sometime A ence in a meaningful manner. The CSO in the summer or fall of ty issues that might arise in practice. A has long worked with individual alumni to 2001, the University Career Center - • Stephen Studer, an attorney with Plews, assist in the job-search process, and has together with the Law School Career Shadley, Racher & Braun in South Bend, provided job-search information via the Services Office and the M.B.A. Career and Eric Cohen, an attorney with the U.S. Job/ink newsletter. And now, in the 21st Development Office - is establishing an Environmental Protection Agency Region century, Notre Dame lawyers may access on-line module to help students and alum- V office in Chicago, presented "Good the most up-to-date job postings on ni locate networking or mentoring con- Earth, Good Business, Good Law" (co- www.eAttorney.com. The site provides tacts. The system will allow an individual sponsored by the Environmental Law access to job posrings and research infor- student or graduate to input various Association). mation on 35,000 legal employers, and parameters that would help to make a net- allows you to upload your resume and working or mentoring experience beneficial search confidentially for career opportuni- - such as city, practice area and under- ties any time from anywhere. graduate college or university - and will ALUMNI VOLUNTEER Site access requires a password, which match that student or graduate with alum- OPPORTUNITIES may be obtained by calling Trish Dunn in ni volunteers who best fit that particular the CSO at (219) 631-7542. Call today! profile. The greatest resource NDLS students have for Nearly 800 alumni have already vol- job-search or career-development advice is the unteered to help NDLS students and Summer Welcome nationwide Notre Dame LawAssociation alumni alumni as part of the "NDLS Network" network. You can become involved in a number and through earlier efforts to develop such very year, NDLS students tr~vel of ways - some of which are listed here. Of a database. These alumni will form the across the country to engage In course, if you have additional ideas for ways you core ofNDLS participation in this new summer clerkships with firms can help, please contact the CSO. networking/mentoring database when the IE they hope to join, in cities they program goes live. If you would like to be hope will soon become home. If you a part of this program, please contact the would like to meet the students who are in Mock Interviews Law School Relations Office (see page 47) your area for the summer - to help them as soon as possible, and your name will be feel like part of the Notre Dame and legal added to the list. Please be sure to indicate communities in your town - please con- s everybody knows, the abili- whether you are interested in being a net- tact the CSO. ty to shine in an interview is working resource, which involves helping what helps to distinguish a students and other alumni look for a job or successful candidate for a develop a career path, or in being a mentor- partiAcular position from someone else who ing resource, which involves forming may share the same credentials on paper, FOR MORE INFORMATION longer-term relationships with students but who may not possess superior inter- and other alumni who might benefit from viewing skills. You can help our students For other information, as well as for alumni your experiences. If you are interested in develop these skills by serving as a mock career-counseling services, please contact: taking advantage of the networking and interviewer on campus either early in mentoring opportunities provided by this Gail Peshel, Director of Career Services September for the 2Ls and 3Ls who will (219) 631-7625 service, watch various University and Law soon face on-campus interviewing, or after peshel.l @nd.edu School publications toward the end of November 1 for the lLs who will interview summer to learn how you can register. Peter Horvath, Assistant Director of at home over Christmas or participate in Career Services the Law School's spring on-campus inter- (219) 631-5410 viewing program. If you would like to par- [email protected] ticipate, please contact Trish Dunn in the Kitty Cooney Hoye, Career Counselor CSO. (219) 631-8236 [email protected] • 45 LAW SCHOOL BR EFS Center Receives $750K Grant from News from the Center for Civil and Human Rights Ford Foundation society when he and three other interna- Professor Mendez further notes, "It is n early February, CCHR director tional experts traveled to Lima, Peru, to particularly significant that the Ford Professor Juan Mendez, announced advise the post-Fujimori government in its Foundation, whose generous contribution that the center had received a three- plans to establish a truth commission. got this center started in 1973 at Father II year, $750,000 grant to conduct aca- Professor Mendez believes that the grant Hesburghs request, continues to show a demic, research and advocacy activities on will allow the center to complement the high degree of confidence in us and in our accountability for gross human-rights work of the ICTJ with strong academic, ability to work at the new horizons of abuses, a subject for which the center is research and documentation support. human-rights protection:' well known. Professor Mendez has indi- cated that the general theme encompasses a number of specific issues including truth Center Receives $200K Grant from and justice in transitions to democracy, MacArthur Foundation universal jurisdiction, internal criminal jus- tice and the International Criminal Court, he CCHR has received a $200,000, three-year grant from the John D. and and the ethical and political dimensions of Catherine T. MacArthur Foundation, which has long supported the work of achieving truth, justice and reconciliation the center. The grant will help to fund a collaborative effort between the under complex circumstances. CCHR and the Center for Justice and International Law (CEJIL) to explore During the course of the three-year II and expand the defense of economic, social and cultural rights (ESCR) in the inter- grant, the center will work to strengthen American human-rights system. Long-standing judicial traditions have prioritized the Kresge Law Library holdings on the topic, protection of civil and political rights over the protection of economic, social and cultural to help turn NDLS into an important rights, but the recent adoption of regional declarations of support for ESCR in conformity resource center on accountability for seri- with international law has provided the impetus necessary to encourage the well-devel- ous human-rights violations. The center oped inter-American human-rights system to begin exploring appropriate means of pro- will also invite practitioners with rich expe- tecting ESCR. riences in these matters to join the center The project will focus on ESCR issues in Mexico for three reasons. First, Mexico as visiting fellows for a short time, which has a strong and active agenda for the protection of civil and political rights, but has not will enable them to reflect on lessons they worked as intensively toward protecting ESCR. Second, Mexico has accepted all of the can share with others. Professor Mendez major instruments of the inter-American human-rights system. Third, the nation has a also hopes to organize a conference and to large and well-organized human-rights community that could begin working toward the publish the results of scientific research. protection of ESCR. In addition, the grant will help the center The CCHR and CEJIL will initiate the project with a conference, co-hosted with attract to its LL.M. and J.S.D. programs Mexican nongovernmental organizations, to identify appropriate precedent-setting cases. young lawyers from around the world who CEJIL will then work on two or three cases, seeing them through the negotiation and, if demonstrate a strong commitment to study necessary, litigation process. At the conclusion of the project, the results will be discussed seriously all aspects of accountability. in a second conference. Ultimately, the CCHR and CEJIL hope that the effort will demon- In explaining the significance of the strate the justiciability of ESCR cases. grant, Professor Mendez commented: "The Ford Foundation has decided to initiate a very strong investment over the next few years on what they call 'transitional justice: and I am proud to say that we are among GARTH MEINTJES BECOMES U.S. CITIZEN the first institutions chosen by Ford to launch this new strategic area. That fact On Tuesday,December 5, 2000, the NDLS courtroom served as the temporary home of the U.S.Court of will allow us to cooperate extensively with Appeals for the Seventh Circuit when Honorable Kenneth F. Ripple, professor of law at NDLS,conducted a new International Center for Transitional a naturalization ceremony for South African-born Garth Meintjes Justice (ICTJ) that will form the center- '91 LL.M., associate director of the Center for Civiland Human Rights. piece of Ford's initiative:' In early Prior to administering the oath, Judge Ripple gave a moving talk in which he February, Professor Mendez participated in reminded all present that we or our families all came to the United States the ICTJs first experience in providing from somewhere else. He commented that we or our ancestors came for a advisory services to governments and civil variety of reasons - some to escape poverty or oppression, some to make their fortunes or have an adventure, and some, unwillingly,inthe cargo holds of slave ships. Nevertheless, we share our common citizenship. The moving and inspirational ceremony concluded with the faculty,administrators, staff and students reciting the "Pledge of Allegiance:' • 46 News from the Center for Civil and Human Rights, continued Center Faculty and Garth Meintjes to Israel on Amnesty Alumni Participate in International Mission Conferences n November, CCHRAssociate Director Garth Meintjes '91 LL.M. served as one of three delegates on an Amnesty International Mission to Israel and the Occupied number of the center's Territories. The mission concerned the trials of individuals who were arrested in faculty members and alumni II September and October. The delegates assessed the situations of these individuals participated in a conference and held meetings with Palestinian and Israeli human-rights activists, victims and officials. on "International Law in the This mission was the third to that part of the world since September 2000.Amnesty A21st Century: The United Nations and International documented its findings from the first two missions in two separate reports. Other International Entities;' sponsored by The organization strongly criticized the Israeli security forces for excessive use of force and the American branch of the International punitive attacks against the Palestinians. The second of the two reports focused on the Law Association in New York, New York, breaches in judicial procedures regarding the arrest and detention of Palestinians, including in October 2000. children. Consequently, the third mission, in which Mr. Meintjes was involved, focused on Dr. Kelly Askin, formerly a visiting the judicial process. scholar at the center, served as chair of the program committee and participated in a panel discussion on "Genocide in the Past, Present and Future: Legal Developments LUC REYDAMS EARNS j.S.D. DEGREE and Moral Dilemmas:' Mary Margaret Penrose '99 LL.M., J.S.D. candidate, served Luc Reydams '95 LL.M., '0 I J.S.D., successfully completed the requirements for the J.S.D.degree in inter- on the program committee and participat- ed in a panel discussion on "Smart national human rights in January 200 I, making him the sixth NDLS graduate to earn the degree. His disserta- Sanctions and Effective Remedies: tion,"Universal Jurisdiction:A Theoretical and EmpiricalStudy:' explores when a nation-state may exercise Addressing Gross Violations of Human jurisdiction in a criminal matter over an offense committed outside its territory, by a foreigner,against another Rights:' Center director Juan Mendez foreigner. participated in a panel discussion on "The Convergence and Overlap of International Humanitarian Law, International Criminal CCHR Advisory Council Law and International Human Rights Law;' while Garth Meintjes '91 LL.M., associate director of the center, participated The Center for Civil and Human Rights held the first meeting of its newly reconstituted in a panel discussion on "Towards advisory council in early December 2000. Members for the 2000-01 academic year include: Achieving Justice: Truth Commissions, Abdullahi An.Naim, Charles Howard Candler Professor of Law,Emory University School of Law; Trials and Amnesties:' Scott Appleby, professor and director of the Joan B.Kroc Institute for International Peace Studies, • Following the publication of a book edit- University of Notre Dame; ed by NDLS Professor Dinah 1. Shelton, Tricia Bellia, associate professor of law,Notre Dame LawSchool; COMMITMENTAND COMPLIANCE:THE Cynthia Brown of New York,New York; ROLE OF NON-BINDING NORMS IN THE Douglass Cassell, professor of law,Northwestern University School of Law; INTERNATIONALLEGALSYSTEM(Oxford Barbara Fick, associate professor of law,Notre Dame LawSchool; University Press 2000), the American Jimmy Gurule, professor of law,Notre Dame LawSchool; Society of International Law, the National Paul Hoffman, Schonbrun DeSimone Seplow Harris & Hoffman,L.L.P.Veni, ce,California; Science Foundation and the Ford Scott Mainwaring, professor and director of the Helen KelloggInstitute for International Peace Studies, Foundation sponsored the final workshop University of Notre Dame; of a three-year study project at Notre Carol Mooney '77 J.D., vice president and associate provost, University of Notre Dame, and Dame on November 3-4, 2000. The focus professor of law,Notre Dame LawSchool; of the workshop was to review the conclu- Carolyn Nordstrom, professor of anthropology, University of Notre Dame; sions of the study project, which addressed Naomi Roht-Arriaza, professor of law,University of California-Hastings College of Law; "soft law" and analyzed issues raised by Reverend Timothy Scully, C.S.C., executive vice president, University of Notre Dame; state compliance with nonbinding norms, Beth Stephens, professor of law,Rutgers University School of Law-Camden;and and to identify related topics that will Eric Stover, director of the Human Rights Center, University of California-Berkeley. require more research. • 47 . News from the Law School Relations Office CCHR Hosts Human Rights Distinguished Roundtable Series Fall 200 I Continuing Speakers, Conferences • On November 7, 2000, the CCHR's Legal Education monthly Human Rights Roundtable • Professor John Darby, a leading author- discussion series featured Professor This fall, two-hour continuing legal educa- ity on ethnic conflict and currently a visit- Guillermo O'Donnell,Helen Kellogg tion programs will be held on the mornings ing fellow at the University's Joan B. Kroc Professor of Government and International of three home football games: Institute for International Peace Studies Studies at the University and a fellow of and the Keough Institute for Irish Studies, the University's Helen Kellogg Institute for Michigan State (September 22) presented "Northern Ireland: A International Studies, who led a discussion West Virginia (October 13) Contemporary Peace Process" on of "Democracy, Law and Comparative Tennessee (November 3) November 9, 2000. Professor Darby, with Politics:' Roger MacGinty, recently edited THE Remember that each person attending MANAGEMENTOF PEACEPROCESSES • On March 27, 2001, the series featured the program may purchase - at face value (MacMillan/St. Martin's 2000). Michael Green, assistant professor in - up to two tickets to the football game Following Professor Darby's talk, the Department of Philosophy at the for that weekend. NDLS 3L Sean O'Brien '95, of Arlington University of Chicago. Topics will be listed in registration Heights, Illinois, spoke of his experiences materials that will be mailed in July to in Belfast during the summer of 2000 advocate""-~ those on the regular CLEmailinglist.To working on issues related to the Bloody add your name to the mailing list, please Sunday Tribunal. An account of Mr. contact the Law School Relations Office. O'Brien's experiences can be found on page 10. • On March 26 and 27, 2001, the CCHR For More Information co-sponsored a conference on "Democracy, For more information on alumni programs Human Rights, and Peace in Colombia" FOR MORE with the University's Helen Kellogg and activities at NDLS, please contact: INFORMATION Institute for International Studies, the Joan B. Kroc Institute for International Peace Cathy Pieronek, Director More detailed information on activities spon- Studies and the Colombian Commission Law School Relations sored by the CCHR can be found in the center's of Jurists. 102 Law School biannual newsletter, HUMANRIGHTADVOCATE.S Notre Dame, IN 46556 • The CCHR co-organized a seminar on Ifyou're interested in receiving this publication, phone: (219) 631-6891 the 10th anniversary of the Rettig Report which is distributed two times each academic fax: (219) 631-9299 - the report of the Chilean Commission year, please contact the editor, Ada Verloren e-rnail: [email protected] on Truth and Reconciliation - with the '90 LLM.at (219) 631-7982 or bye-mail at - or - [email protected] Chilean Foundation for Justice and [email protected]. Democracy, in Santiago, Chile, April 9-11, Additional information is available on the Or visit the Law School Relations web site, 2001. center's web site at www.nd.edu/--cchr. www.nd.edu/ -ndlaw / alumni/ alumni.html, where you can update your address, send in personal or professional information, vol- unteer for the NDLS Network or keep in touch with your class secretary, all on line. keep in touch e-mail your Perspectives ideas and personal and professional news to [email protected] • 48 LAW SCHOOL B R EFS News from Law School Advancement GENERATIONS Campaign Has Powerful Impact •• Upon Law School ·-1-· otre Dame's GENERATIONS Campaign, GENERATIONS also brought in substantial expendable funding, which concluded on December 31, 2000, which was used for student financial aid. Law School benefactors provided the Law School with signifi- specifically gifted approximately $1.6 million for this purpose. In cant new resources in the critical areas addition, it is important to note that Dean O'Hara and her prede- of student financial aid, endowed profes- cessor Dean Link stipulated throughout the campaign that any sorships, endowments for the Kresge unrestricted dollars the Law School received from its alumni and Law Library, and other academic friends were to be allocated to expendable fellowship assistance for programs. students. As a result, nearly $2.5 million in unrestricted gifts were As a result of GENERATIONS, which made available for such financial aid awards. raised $1.061 billion and was the most successful campaign in the A significant gift during the campaign also made it possible history of Catholic higher education, more than $33,000,000 in for the London Law Centre to relocate to the newly renovated gifts and pledges were designated for Law School priorities. An Marian Kennedy Fischer Hall near Trafalgar Square. Additional impressive number of 41 new endowed law fellowships were creat- expendable gifts helped to address priorities such as the Center for ed totaling nearly $10.8 million. These fellowships will help defray Civil and Human Rights and summer public-interest law fellow- the onerous loan burdens that many students face when they grad- ships, which form the very heart of Notre Dame's social justice uate, thereby giving them more flexibility in choosing a career in mission. the law. Most importantly, these fellowships will enable countless The Order of St. Thomas More, which consists of those indi- future generations of talented men and women to obtain the viduals who annually contribute $1,000 or more to the Law School, unique benefits of a Notre Dame education. experienced tremendous growth during GENERATIONS. When the Six new endowed professorships were created at the Law campaign began in 1993, the order consisted of fewer than 150 School during GENERATIONS, doubling the number of endowed members; when it concluded, the order had nearly quadrupled in chairs previously available to the faculty. These endowed chairs size to 533 members. The members of this important support make it possible to attract and retain distinguished legal scholars, group can take great pride in the progress that their gifts made thus greatly influencing the future of scholarship and research at possible - particularly in the vital areas of financial aid and the the Law School. The new positions will help to address the practi- Kresge Law Library. cal need for a better teacher-student ratio and the intellectual need It is with a deep sense of gratitude that the entire Law School to expand the range and depth of legal scholarship. community - students, faculty and staff - conveys its apprecia- The Kresge Law Library made outstanding strides through tion to the many alumni and friends whose generosity during the the funding of 18 new endowed collections of legal materials total- GENERATIONS Campaign has enabled the Law School to advance its ing more than $2.5 million. Such endowments serve an increasing- academic distinction, while at the same time preserving its distinc- ly important function in that they provide a steady and dependable tive and enduring traditions. A multitude of challenges lie ahead, source of revenue for Associate Dean Roger Jacobs as he endeavors but the Law School is much better positioned to move confidently to continue building a nationally renowned library where students into the future because all of you have so tangibly expressed your and faculty can engage in research at the highest levels. loyalty and support. - Glenn]. Rosswurm II '91 J.D. Director of Law School Advancement