OREGONOREGON LAWYERLAWYER
SPRING 2000 UNIVERSITY OF OREGON SCHOOL OF LAW ALUMNI NEWSLETTER
CONTENTS DEAN’S MESSAGE 2 GARY’S FAREWELL 3 STUDENT PROFILE 4 GIVE AND TAKE 5 SLIPERY SLOPES 6 COMMONS DEDICATION 7 CAUSE FOR ALARM 8 FACULTY PROFILES 12 LETTERS FROM LVIV 15 Morse Commons: CLASS NOTES 16 Building on Principles LAW & ENTREPRENEURSHIP 22 Dean’s Message Rip Van Winkle and Law School Future When Rip Van Winkle awoke from his twenty-five five of his six most recent major cases had been re- year sleep, his world had changed mightily. Most of us solved by one form or other of alternative dispute are so busy working away that the world changes before resolution. In my day, ADR was never mentioned in a our eyes, often without our minds recording the law school classroom. And, of course, my field of changes. The world of law practice and legal education American Indian Law was not even offered in the has certainly changed over the last twenty-five years, not curriculum of a to mention forty or fifty or even five or ten years. single American law When I realized that my law school class was school. holding our thirty-fifth reunion this spring, the magni- During the ‘90s tude of the passage of years and of those changes there has been a shocked me. Legal education in the year 2000 is very recognition of the different than it was back when I was a first year student rapidity of change in 1962. It is very different than in the 1950’s or even the and an increasing 1980’s and ‘90s. And, for those of us who have become interest in the future law professors and have been away from our practice of the legal profes- days for ten or twenty or more years, the changes in law sion and legal offices and courtrooms are every bit as dramatic as the education. Here at changes in legal education. Each of us—practicing, Oregon this coin- judging and teaching lawyers—needs to be aware of cides with our move what has happened during our Rip Van Winkle years. into the new build- ing. We are faced Dean Rennard Strickland with the challenge of During the ‘90s there has been a how best to prepare our law students for their roles as lawyers, judges and teachers in the 21st century. It is recognition of the rapidity of shocking to me to realize that many of our students who entered the law school this fall will be practicing in change and an increasing interest the year 2050. I cannot imagine what the world of law and the legal profession will be like for them as they in the future of the legal profession celebrate their thirty-fifth class reunion. and legal education. Today, we at the University of Oregon are well positioned to explore the question of how best to educate for the changing world. Earlier this spring, the For example, my guess is that many of our alumni American Bar Association conducted its regular have no idea how much more expensive law school is for sabbatical inspection of our law school. In connection our current students than it was in their law school days. with this visit, the faculty completed a self-study of our Tuition in 1950-51 was $10 a term or $30 for an entire programs and goals. The ABA report itself will give us year. With the addition of fees, the entire cost for one an outside view of what we are doing. We have just year of three quarters came to $132. By 1970-71, that moved into a beautiful and efficient state-of-the-art figure had jumped to $445 for the three-term academic structure for which we did substantial analysis and year. Twenty years later, residents in 1990-91 were planning. This seems an appropriate time for a com- paying $3,426 and non-residents $5,328. Next year, plete review of programs and plans for the law school. tuition and fees for our resident students will be $11,111 Three decades ago, Allan Hart with a group of and non-residents $15, 261. Quite a jump from the $132 other leaders of the Oregon Bar, reviewed the prospects of fifty years ago! for the Law School, and the Oregon Law Review pub- Let me give a personal example of how a dean and lished the results as “The University of Oregon School professor can become isolated. At the February ABA of Law Plans for the Future.” Once again, it is time to midwinter meeting in Dallas, I had breakfast with an old undertake an analysis of the Oregon law school. We friend and former debate colleague who, over the years, have a great new facility; our goal and our challenge is has become one of the most famous and successful trial to create educational programs of equal stature, to lawyers in the Midwest. You can imagine my shock create at Oregon a model for legal education in the when this modern day Clarence Darrow reported that twenty-first century.
2 OREGON LAWYE R In keeping with these opportunities and challenges, that you will be willing to help us either by attending I have appointed a group, called “The Twenty-First one of these forums or responding to a questionnaire. Century Law School Task Force,” to undertake a study The Task Force will draw upon these exchanges to similar to the Hart Report. Nicholas Rockefeller, vice- review the goals of the profession and legal education, chair of our Board of Visitors, and Eugene Scoles, and the approaches for accomplishment of these Distinguished Professor and Dean Emeritus, are co- goals. The Report of the Task Force will focus on the chairs of the Task Force. In addition to the chairs, the possible and suggested development of future steering committee is composed of persons interested in programs at the University of Oregon School of Law. the future of the law school, including the president of The Task Force will consult with the president and the Alumni Association, the president of the Student dean to enlist other volunteers to serve on Task Force Bar Association, members of the judiciary, the faculty work groups. This review is to be made in light of a and the public, with the dean and university president changing world and a changing profession. The final as ex officio members. report will recommend long-term educational objec- A major Task Force mission is to encourage com- tives, as well as programs to achieve these goals. munication between the law school, the profession and Thus, we will explore creative and challenging the broader public. At the heart of the project is a series opportunities for building bridges between the law of “law school future forums” to be held in a number of school and our constituent communities to help communities throughout Oregon and along the west establish a set of visions and goals which can be coast where there are a substantial number of Oregon regularly and systematically implemented and tested. Law School graduates. At these forums, the Task Force Your views on the matters to be considered by the will ask those in attendance what they believe are the Task Force are crucial to the future of the University of needs of the profession, the strengths and weaknesses Oregon School of Law. of current legal education, and ways in which the law school can strengthen the profession and society. I hope Jane Gary: ‘Thanks for Help and Friendship’ Four and one-half years ago I was hired by the law The school’s greatest strength has been the willing- school to manage the campaign for a new building and ness of people to combine their efforts with others. One to oversee the development office. This has been third of the school’s graduates joined forces during the exciting, challenging, stimulating, heartwarming, and building campaign to help make our new facility a especially rewarding. reality. Our impressive faculty, loyal staff, bright By any standards these have been years of remark- students and focused administration have worked able achievement climaxed with the dedication of the cooperatively and creatively to improve the experience William Knight Law Center in September. These years and the education the school can offer. It has been a of success for the office and for the building campaign pleasure to be a member of this team. have come about, in large part, because of the selfless I thank all of you for your help and friendship. It is generosity of the school’s alumni, friends and volun- impossible to mention by name all of the individuals to teers. The thoughtful, hardworking members of our whom I owe so much and whose company I have so boards, the time commitment and creativity of our class enjoyed, but I would be remiss in not mentioning three agents and campaign directors, and the caring presenta- in particular. I am indebted to my colleague Connie tions of our speakers and participants have all played a Tapp, whose support, friendship, and hard work made part in the law school’s achievements. I owe all of you a my job so much easier; to Dean Strickland, my mentor debt of gratitude. and friend, as well as the best boss I ever had; and, to The support of Oregon’s many loyal friends makes John Jaqua for his wise counsel and patient good it difficult for me to return to volunteering in the humor throughout the building campaign. community, and pursuing other interests including The school is truly in good hands. Our alums are painting and parenting. The decision to leave has not the best. I look forward to following the school’s been an easy one. On April 1st when I step down, the continued success. University of Oregon Development Program will be in My heartfelt thanks to all of you. excellent shape with the new building opened, the annual campaign moving forward and plans underway Sincerely, for the development of new and exciting scholarship Jane Gary and academic programs.
SPRING 2000 3 Galton Scholarship Offers Freedom, Program Explores Civil Rights Role Opens Career Opportunities of UO Graduates For Katelyn Randall, scholar- Oregon lawyers who repre- ship is another word for freedom— sented civil rights workers in the freedom to attend an excellent racially volatile Mississippi during law school, the freedom to focus on the 1960s were the focus of a her studies, and ultimately, the program sponsored by the Univer- freedom to choose the area of law in sity of Oregon School of Law on which she wishes to make her January 25. career. “Lawyers & Civil Rights— The scholarship that offers this Mississippi in the 1960s” explored freedom to Randall, a first-year law the work of lawyers, including 25 student at the University of Oregon from Oregon, who served in School of Law, is the Herbert B. Mississippi with the Lawyers Galton Labor Relations Scholarship. Committee for Civil Rights Under It was established in 1986, by Law, an organization chartered in Katelynn Randall: Scholarship makes a difference. Galton, ’38, who died shortly 1963 by President John F. Kennedy. afterwards. Galton’s son, Gary, down to Oregon resident levels. The program, which took place in supplemented the scholarship in “The scholarship makes a the William W. Knight Law Center, 1995. The criteria for selection of the difference,” she says. “It frees you included a short film followed by a recipient includes a demonstrated to put your best foot forward and panel discussion and reception. interest in labor relations, employ- attend to studies.” “As volunteers, these Oregon ment law, and alternative dispute And, Randall explains, it also lawyers, a third of whom were UO resolution (ADR) and a potential for allows her to decide more freely just law school graduates, represented pursuit of law. what course of studies to follow. civil rights workers in court—a job It is a criteria that Randall fit to “Law school is an economically most Mississippi lawyers were perfection. With a B.A. in Spanish frightening endeavor,” she says, unwilling to do,” says Merv Loya, and Journalism and an M.A. in “with three years of taking out law school assistant dean and a counseling, Randall has worked in massive loans. As a single mother member of the UO Minority publishing, counseling and as a with a strong interest in public Student Program Committee, which newspaper reporter. She saw law as interest law, I’m not going to make sponsored the event. “Their work is an opportunity to do more. $80,000 a year, so I’m concerned a reminder of the importance of “If you have the desire to help about keeping my debt load as lawyers in our society and of the others,” she says, “the more em- reasonable as possible. This scholar- positive role they can play. These powered you are, the greater ability ship opens those possibilities for lawyers helped to make history.” you have to help them. I wanted me.” The panel included former more behind me to affect change.” Happy that the scholarship was Oregon Supreme Court Justice It was the Galton scholarship, there for her, Randall also is happy Jacob Tanzer, ’59, now a partner however, that empowered Randall with her choice to come to Oregon. with the Ball Janik firm in Portland; to attend the UO School of Law. “All my background reading former State Board of Higher “After I was accepted,” she said this was an unusually support- Education Chair Les Swanson, ’66, explains, “I called the admissions ive school,” she says. “I find that it a solo practitioner in Portland; and office and talked with Katherine is rigorous, but the competition is Don Marmaduke, a Harvard Law Jernberg, who asked me if I’d not as overt. It’s a nicer place to School graduate, now a partner at applied for any scholarships. She study law.” the Tonkon Torp firm in Portland. told me she thought I’d be perfect And a place of freedom—the Marmaduke was a co-founder of for the Galton Scholarship.” freedom to choose. the first public-interest law firm in She was, enabling her and her “Scholarships can really give Oregon in the early 1970s. daughter to come to Eugene from people the freedom to pursue less The program was one of several out of state and begin the challeng- financially rewarding areas of law,” sponsored by the UO in commemo- ing and time-consuming study of she says, “areas that are really ration of the Martin Luther King, Jr. the law, knowing that the scholar- valid.” holiday. ship would bring her tuition costs
4 OREGON LAWYE R Volunteer Program—Give and Take
Volunteers with the Lane County District Attorney’s Services include keeping victims advised of the status Office Crime Victim and Survivor Services Program of their cases, accompanying victims to court hearings (CVSS) take as much as they give. They learn firsthand and providing emotional support. how a vital part of the legal system works. They receive Those who volunteer with the Family Violence Unit free training on how to be a successful victims advocate. will work with women, men and children who have They make contacts that can serve them beyond their had violence perpetrated against them by their intimate volunteer work. And they give. partners or parents. Services offered include: crisis They give time—up to 60 hours for the necessary intervention, emotional support, assistance in filing for training. They give vital information and support to a protective order, community resource referral, victims and survivors of crimes. They give a commit- attending court hearings and acting as a liaison be- ment of themselves to help those most in need in the tween the victim and the prosecuting attorney. criminal justice system. Members of the 24-Hour Response Team focus their Several current University of Oregon law students services on victims of serious persons crimes, such as participate in this program of giving and learning. major assaults, robberies, kidnappings, homicides, It’s a lot of give and take. But it’s something vehicular crashes and all sexual assaults. Volunteers on Deborah Thiessen, volunteer coordinator for the pro- this team provide immediate on-scene crisis interven- gram, believes more UO Law School students should tion and emotional support for victims and their consider adding to their already busy schedules. families. “It’s an opportunity to make a difference,” she says, “It gives you insight into the client’s perspective,” says third-year student Steve Morgan. “It enables me to see it from the victim’s perspective, in a raw moment, ‘The staff at CVSS are very caring especially the 24-Hour program. “It gives me my adrenaline fix,” he adds, “some- thing that is neglected in law school.” and wonderful. I would recommend For the adrenaline and more, second year student Steve Tamayo agrees with the value of the program. anyone interested in the law to “The staff at CVSS are very caring and wonderful,” he says. “I would recommend anyone interested in the volunteer there. CVSS has enabled law to volunteer there. CVSS has enabled me to under- stand the impact that crime can have on individuals.” me to understand the impact that As Thiessen points out, the volunteers in the program also have an incredible impact on the indi- viduals with whom they work—and can experience the crime can have on individuals.’ impact in their own lives and law careers. Those interested in finding out more about work- ing with Lane County Crime Victim and Survivor “and to learn much that is involved in the criminal Services should call Thiessen at (541) 682-4523. justice system on this level.” Those who do volunteer are screened and inter- viewed, then must participate in a 60-hour training curriculum and another 15 hours of specialized train- Bar Passage Rate Is Up ing. This training is designed to provide the volunteer University of Oregon first-time takers had a with a substantial knowledge of crime victims, the passage rate of 88 percent on the July, 1999 Oregon criminal justice system, crisis intervention and other State Bar exam. This pass rate compared to 72 percent relevant topics. for all first-time takers. For all takers (first time and The program has three distinct units that provides repeaters) 81 percent of UO graduates passed, com- services to victims: The Court Advocacy Unit, the pared to an overall rate of 67 percent. Family Violence Unit and the 24-Hour Response Team. “Our results reflect the effort that we have made in “Each is an important part of assisting crime recent years to insure that our students receive sound victims at a time when their needs are the greatest,” counseling regarding bar preparation, and to familiar- Thiessen says. ize them with the new performance component of the Volunteers with the Court Advocacy Unit help exam,” said UO Law Professor and Associate Dean provide comprehensive services to adult crime victims. James O’Fallon.
SPRING 2000 5 Law Grads on the Slippery Cyber Slopes A quick click on
6 OREGON LAWYE R Law School’s Morse Commons Dedication Made to ‘Last Angry Man’ Dedication of the Wayne Morse Commons at the University of Oregon’s new William W. Knight Law Center on November 16. 1999, featured the world premiere of “The Last Angry Man,” a documentary chronicling the life and work of Oregon’s late senator and former UO law school dean. The one-hour documentary’s producers, indepen- dent filmmakers Christopher C. Houser and Robert W. Millis, introduced the work and answered questions after the screening. “We are delighted to dedicate the commons in honor of one of Oregon’s and the nation’s most dy- namic political figures,” said UO law school dean Rennard Strickland at the dedication. “It is an area designed to promote and foster the open and honest exchange of principled ideas and fellowship, in the tradition of a man who put principles above politics. We’re excited to include the premiere of the documen- tary in our celebration.”
‘It is an area designed to promote
and foster the open and honest UO School of Law Dean Strickland and Margaret Hallock, director of the UO Labor Education and Research Center and co-chair of the exchange of principled ideas faculty advisory committee that oversees the Morse Chair of Law and and fellowship . . .’ Politics. to campus appointees who “exemplify the traditions and qualities associated with Wayne Morse-statesman- ship, integrity, foresight, independence and fearless The Wayne Morse Commons was funded by a championing of the public interest.” Since 1980, the donation from the late Elmer Conklin, a retired court endowment has been used each year to bring a noted reporter who met Morse in 1938 when he was arbitrat- scholar, author or activist from the areas of law or ing a labor grievance. The two developed a close politics to the university and community. friendship that lasted until Morse’s death in 1974. “The Conklin funds will make it possible for us to “Conklin and Morse had a deep respect for each bring in distinguished educators and public servants other’s intellect,” says Margaret Hallock, director of the from a wider range of subject areas and for longer UO Labor Education and Research Center and co-chair periods of time,” says Dean Strickland. “It also will of the faculty advisory committee that oversees the fund peripheral activities such as new classes and Morse Chair of Law and Politics. “Conklin was one of publications based on the theme of each year’s chair Morse’s closest friends. They agreed politically, which presentations.” was important with Morse. They trusted each other’s The 1999 Morse chairholder is noted sociologist skills and were loyal to each other.” and author, Frances Fox Piven, who spoke in February Conklin donated more than $2 million to the law 2000 to the theme of “The Rich, the Poor, and school, the bulk of it in support of the endowed chair American Politics.” established in 1978 in Morse’s memory. The most recent Past Morse chairholders include civil rights gift from Conklin’s estate, $1.8 million, funded the advocate Richard Delgado (1998), former United Auto commons area, the Morse Chair office at the law school Workers president Douglas Fraser (1992), former U.S. and an expansion of Morse Chair activities. senator and presidential candidate George McGovern The written mission of the Morse Chair is to bring (1990), and Pulitzer Prize-winning journalist and author Anthony Lewis (1983).
SPRING 2000 7 Katherine Ann Power Case FAFACULTYJudicial Order Cause For Alarm (Editor’s note: The following article appeared in November in First Amendment grounds. Massachusetts’ Supreme The Oregonian. Oregon Lawyer is reprinting it in the Judicial Court rejected her appeal, saying that a “special interest of encouraging consideration of law-based public condition of probation is not subject to the same policy issues. Oregon Lawyer welcomes articles for this rigorous First Amendment scrutiny” that’s used for a forum, as well as responses to the articles published here.) law that applies to all criminal defendants. The U.S. Supreme Court refused to review that decision. BY GARRETT EPPS Joseph Kociubes, a Boston lawyer who represented Power during her appeal of the probation condition, Katherine Ann Power is out of prison. Under confirmed that the judge’s order remains in effect and certain circumstances she can talk to reporters, but was never clarified. The order will continue to apply what she can’t do is tell her story in her own words. now that Power is in Oregon, said Steven Black, one of Others will have to give us their version of the the attorneys who arranged her release. Even though truth, even though Power is the best source. Hers is a Oregon has not accepted jurisdiction over Power, who story of driving the getaway car in the deadly holdup is in the state on a travel pass and has applied to live in of a Boston bank nearly 30 years ago, followed by a life Linn County, state officials have begun monitoring her of hiding, then guilt until she surrendered in 1993. public statements, Black said. When Power asked Those of us who want to know what motivated her pointed questions of an antiwar speaker at Willamette transformation from honor student to radical bank University earlier this month, Black said she was robber to fugitive living in the Willamette Valley will warned by an Oregon probation officer not to be “high have to wait until 2013 to hear it. profile,” even though there was no question of profit The reason is simple: the Commonwealth of involved. Massachusetts has decided that Power’s own story is something we shouldn’t know. If she writes it, or tells it in ways a state judge doesn’t like, she’ll go to prison for life. The hidden story behind Power’s The hidden story behind Power’s release from release from prison last month prison last month (October, 1999) is of a new way government has found to silence unpopular criminal (October, 1999) is of a new way defendants. And regardless of whether Americans are interested in Katherine Power, they should be worried government has found to silence about this kind of judicial gag order. unpopular criminal defendants. On October 6, 1993, Boston Superior Court Judge Robert Banks sentenced Power to eight to 12 years in prison; with time off for good behavior, she served the minimum six years. But Banks imposed a condition of Black said he wonders whether he could write his her 14-year probation: If her dealings with the media own autobiography, which would include a section on convinced him that she was “directly or indirectly” arranging Power’s surrender. “I’ve been afraid to do profiting from her crime, he would return her to prison anything about it because I didn’t want to get her in for life. trouble,” he said. “I feel like my First Amendment Power’s probation document forbade “you, your rights have been chilled as a result of that order.” assignees and your representatives acting on your Why should we care about Banks’ gagging of authority” from profiting from the case, including “the Katherine Ann Power? Her actions contributed to the expression of your thoughts, feelings, opinions or death of an innocent man, police officer Walter emotions regarding such crime.” Schroeder, and sealed a life of grief for his family. She Power’s lawyers were concerned that if a friend or eluded the law for decades, prolonging the family’s relative spoke to a reporter, the judge might interpret pain and outrage. Convicted criminals lose many this as indirect profit by someone acting on her author- rights; why should free speech be an exception? ity. Power requested clarification of the condition; none And Banks didn’t really forbid Power to speak or was given. write about her experiences; he simply told her not to She didn’t contest her guilt or the need for punish- profit from them. Why should we consider this an ment. But she did appeal Banks’ probation condition on abridgment of whatever freedoms she retains?
8 OREGON LAWYE R There are several answers. First, because it was so columns denouncing Power. In three, he contrasted her broadly drawn, the condition of probation has made it situation with that of a convict he considered more very difficult for Power or those around her to speak deserving, Joe Yandle, a self described Vietnam War about the case even in ways that wouldn’t lead to hero. profit. Although she has given several interviews to Yandle also drove the getaway car in a robbery and journalists (to a writer for The New Yorker and to murder. After he was freed, reporters discovered his Barbara Walters, among others), Power has been careful tales of Vietnam heroism were invented. Barnicle was to seek the court’s advance approval. (I did not ap- forced to resign by the Boston Globe, which said he was proach her for this article.) plagiarizing his column and fabricating stories. Getting permission to talk to others is not the same Banks’ probation condition has become a template as telling your own story. Power is a vivid writer—her for government gag orders on controversial defendants. poem, “Sestina for Jaime,” appeared in the “Best On Oct. 21, the Middlesex County district attorney’s American Poetry 1996,” edited by Adrienne Rich. For office struck a bargain with Cheryl Amirault LeFave, those who want to know why she did what she did, her who had been convicted in 1987 of sexually abusing own account would be the best source. children at her family’s day care center in Malden, Second, Banks’ order may have harmed even her Mass. The Fells Acres case, as it was known, became a victims. Because she has a teenage son, Power asked to national cause celebre because of questions about the serve her concurrent state and federal sentences on the reliability of testimony by children who were coached West Coast, where he could visit more often. U.S. by psychologists. District Judge Nathaniel Gortner said he would con- LeFave has maintained her innocence. Massachu- sider her request, if she made restitution to Schroeder’s setts courts rejected her motion for a new trial. On the family. The only practical way to do this, the judge noted, would be for her to sell her story. But when Power asked Banks, the state judge, if this was possible, he refused to say one way or the Often, in the nature of things, other. She remained silent and the Schroeders received free-speech claimants are nothing. Too bad, because any money defendants might earn in telling their tales could be funneled to their unattractive, even evil people— victims. Even if Banks had written his probation condition Communists, Nazis, anti-Semites less broadly, we should be ready to object to such a and artists who depict the Virgin criminal penalty. Banks’ order was a gag order, directed at speech. It was not about restitution or even punish- Mary smeared with elephant dung. ment; it was designed to silence a defendant this judge didn’t like. (During sentencing, Banks said the thought of Power telling her story was “repugnant to me.”) Beyond that, the Massachusetts appellate court got day she was to return to prison, she signed an agree- the case backward. A probation order aimed at a ment with prosecutors that commuted her sentence to specific defendant is far more subject to judicial abuse time served—as long as she would promise not to make than a generally applied law. A law that targets all appearances on television or sell her story. stories about high profile crimes will attract public LeFave was not required to admit guilt—but she debate and challenge from the media; an order that had to promise never again to say she was innocent. singles out one unpopular person is far more likely to The state insists the condition is necessary to protect the pass without notice—particularly when its target is now-grown victims; but it also protects the authorities barred from speaking up by the prospect of life impris- from criticism by a woman whose case drew national onment. attention as a possible miscarriage of justice. That’s exactly what happened in this case. Power Nobody is required to like Katherine Ann Power or had killed a genuine home town hero. Six years ago, the any other convicted criminal. Often, in the nature of Boston media attacked her mercilessly without object- things, free-speech claimants are unattractive, even evil ing to the judge’s order. Neither of Boston’s daily people—Communists, Nazis, anti-Semites and artists newspapers protested the judicial censorship on its who depict the Virgin Mary smeared with elephant editorial page; the conservative Boston Herald even dung. Free speech is worth defending not for their sake, attacked her for “incredible chutzpah” when she but for our ours; it protects us from the tyranny of appealed the probation condition. officials—not only judges, but also, say, big-city Perhaps symbolically, the media point man was former columnist Mike Barnicle, who published four Continued on Page 10
SPRING 2000 9 mayors—who want to limit public debate according to so many promising young people go off the rails, many their likes and dislikes. forever? Why did the high aspirations of the anti-war With more than one million people in prison, we movement blend so quickly with the criminal have created in effect an inmate nation within our doubletalk of street hustlers and ex-convicts? Many 60s borders. If we can’t hear from people who have lived survivors feel a chilling sense that, but for fortune, they within it, how can we know what this radical change is might have ended up like her. doing to our society? If people who break the law can But my curiosity also stems from good old Ameri- be silenced at will, how can we decide how future can cussedness. I don’t like any government official crime can be deterred? telling me what I’m allowed to know. The logic of free speech would require unmuzzling People who would find a full airing of Power’s Power even if she were likely to spew venom and story repugnant, or do not want to hear a convicted hatred at society and her victims. But her published child molester protest her innocence, have a very words have been contrite, not defiant. In March 1998, American remedy. They need not buy, read, or watch Power withdrew her application for parole, saying she such accounts. But it’s undemocratic for judges or hadn’t yet atoned for her crime. “In preparing for this prosecutors to elevate their judgment about speech hearing, I have had a glimpse at the life of the Brighton over that of the public. community where Walter Schroeder grew up, lived, It’s a clear model for future censorship against and worked,” she told the board. other unpopular figures. And what’s most frightening “I have learned that he was able to plan his patrol is that, so far, it’s worked like a charm. so that he could drive past his mother’s house, where she watched for him from the front porch, and waved. Garrett Epps, who teaches constitutional law at the University I now know that she was watching from the porch as of Oregon School of Law, is a visiting professor this year at the Boston College Law School. He can be reached at Boston College Law School, 885 Centre St., Newton, MA. 01269 But my curiosity also stems from good old American cussedness. I don’t like any government Mock Trial Team Singled Out official telling me what I’m For ‘Outstanding Advocate’ allowed to know. The UO Mock Trial team successfully completed the regional competition held Feb 3-5, in Albuquerque, New Mexico. The UO team of Xin Xu, Mike Arnold, Howard Grooters, Andy Lee and Jason Pistacchio tried the case six different times over the first two days. his partner drove him, mortally wounded, from the Although the UO team was eliminated at the quarter- bank to the hospital. final stage, both teams performed effectively and “I have seen how my act tore a hole in the lives of a professionally, according to faculty advisor Wayne whole group of people, of family, friends, neighbors, Westling. and fellow officers. I know it is late, and far too little, Xu and Arnold were singled out for “Outstanding but today I offer again my sincere and humble apolo- Advocate” awards by the trial judges. Pistacchio (an gies to those people.” alternate) was pressed into service as a witness in two I confess to a horrified fascination with Power. As a trials and was described by one of the other faculty student journalist in Boston in 1970, I helped cover the advisors as the “witness from central casting” because botched bank robbery in which Schroeder died. In 1993, he knew his role so well. Grooters and Lee deserve as a professor at the University of Oregon Law School, I special mention for participation as first-years, Westling awoke one morning to find that Power, as Alice said, noting they very quickly got “up to speed” on Metzinger, had been part-owner of our family’s favorite evidence law and trial procedures and both did excel- Italian restaurant in Eugene. lent jobs. Her story—a serious-minded honor student from “It was a pleasure,” Westling added, “for me to Colorado drawn into crime, madness, and murder—is a work with such conscientious and talented student powerful example of the underside of 1960s style advocates.” protest. (Power and her accomplices said they robbed The winner of the regional competition was the the Boston bank to pay for anti-war activities.) Why did University of Colorado.
10 OREGON LAWYE R Former Supreme Court Judge Unis BOARD OF Honored With Harley Award VISITORS UO Law School graduate and courtroom of the Hatfield U.S. former Oregon Supreme Court District Court Building in Portland, OFFICERS CAROLYN CHAMBERS (Chair) Justice Richard Unis, ’53, was the ceremony included former CEO, Chambers Communcations Corp. honored in October with the governors Vic Atiyeh and Neil NICHOLAS ROCKEFELLER (Vice Chair) Herbert Harley award, presented Goldschmidt among those who Troop, Steuber, Pasich, Reddick & Tobey periodically to individuals who spoke about Justice Unis and his THE HON. CLIFFORD L. FREEMAN, ’76 make outstanding efforts and contributions to the court system. (Secretary) contributions that substantially According to the presenters, this District Court Judge change and improve the adminis- is the first time that the national MEMBERS THE HON. ANN AIKEN, ’79 tration of justice in their states. award has gone to a member of the U.S. District Court Judge
Held in the ceremonial bench or bar from Oregon. DON BOURASSA, ’80
THE HON. DAVID BREWER, ’77 Circuit Court Judge Co-authored by Caroline Forell NEIL BRYANT Majority Whip, Oregon State Senator; Bryant, Lovlien & Jarvis Book Draws Controversy, Praise JAMES CARTER ’76 General Counsel, NIKE, Inc. A jealous husband or boyfriend kills a woman when she leaves, or tries to. SERANA CRUZ Is it murder, or something less serious because his jealous rage constitutes District 2 Commissioner’s Office “heat of passion”? An acquaintance follows and threatens a woman, believing OKIANER CHRISTIAN DARK that she will return his love if only he persists. A man has sexual intercourse Office of the U.S. Attorney RICHARD K. DONAHUE with his date even though she says “no,” tries to leave, cries, struggles. Donahue & Donahue By what standard are these perpetrators’ behaviors measured? GARY GALTON, ’70 In deciding cases, juries must apply a standard of reasonableness to the Galton, Scott & Colett perpetrator’s behavior. According to the authors of a provocative new book, THE HON. ALFRED “TED” GOODWIN, ’51 “A Law of Her Own: The Reasonable Woman as a Measure of Man,” in cases Senior Chief Judge, U.S. Court of Appeals involving sex, sexism and aggression, in which women are predominantly the JAMES HERSHNER, ’54 Hershner, Hunter, Andrews, Neill & Smith victims, a “reasonable woman” standard should apply. Further, this same THOMAS LANDYE standard should be used regardless of the gender of the perpetrator or the Copeland, Landye, Bennett & Wolf victim. THE HON. EDWARD LEAVY Written by Caroline Forell, a University of Oregon law professor, and U.S. Circuit Court Donna Matthews, a Eugene attorney and 1997 UO law graduate, the book KENNETH LEWIS advocates that a woman-based standard be applied to the conduct of the PAUL LORENZINI perpetrator (primarily male) in certain legal settings in which men’s and Senior Vice President, PacifiCorp women’s life experiences and views on sex and aggression differ and women DAVID L. MACKIE, ’73 Vice President, Nordstroms, Inc. are overwhelmingly the injured parties. The authors argue that “Explicitly PEGGY NAGAE holding men to a ‘reasonable woman’ standard in areas where male preroga- Total Diversity Management Consultants tives have traditionally defined what is right and lawful will challenge the PETER A. OZANNE systematic subordination of women and the largely unexamined biases in the Schwabe Williamson & Wyatt law.” LAURA RACKNER, ’84 The book, which the authors describe as controversial in legal circles, is Stahanyck, Gearing & Rackner attracting the attention of noted feminists and legal scholars. DANA RASMUSSEN, ’77 ROBERT RICHMOND, ’70 “The biases that underpin our legal system are far more difficult to Richmond & Quinn change than individual laws,” says Gloria Steinem, author and social com- ROHN ROBERTS, ’79 mentator. “Forell and Matthews cut to the heart of the matter by replacing the Arnold, Gallagher, Saydack, Percell & Roberts reasonable man standard with reasonable woman, a step toward a future in ROBERT THOMPSON, ’73 which laws are made by and for reasonable human beings.” Novartis Corporation “A Law of Her Own” provides the reader with a good sense of the WILLIAM WILEY, ’75 personal dramas behind the cases and the all-to-frequent insensitive responses RICHARD MEEKER ’74, ex officio Publisher, Willamette Week of courts, juries and police,” says Martha Chamallas, a professor at the University of Pittsburgh School of Law.
SPRING 2000 11 with third-year the Board of Directors of Sexual FACULTY law student Assault Support Services (SASS) in Mark Manning. January. PROFILES In October Forell also received from and December, Eugene Soroptimists the ‘Women of Associate Professor Keith Aoki Professor Distinction’ award in the area of published an article, “Language is a Bonine also education. The award was pre- Virus” in 53 University of Miami traveled again sented on March 9th at the Valley Law Review 961 (1999) and gave a to the city of River Inn. talk on Lviv, Ukraine, “Genetically to work with the Oregon-Lviv Modified University Partnership, to team Assistant Professor Susan Organisms, teach courses in International Gary has two articles coming out Biopiracy and Environmental Law at Lviv Na- this spring: The first, “Regulating the TRIPs tional University, and to consult the Management of Charities: Accord,” at with the supervisor and students of Trust Law, Corporate Law and Chicago-Kent the new Business Law Clinic Tax Law,” will be published in Law School in established at the Lviv Academy of the University of Hawaii Law February, 2000. Commerce. Review. The article will be In October, 1999, Aoki pre- published as part of a symposium sented a paper on “Transnational issue focusing on the Bishop Critical Legalism” at a Villanova “A Law of Her Own: The Estate Trust, a trust established in University School of Law Confer- Reasonable Woman as a Measure of the late 19th century by Princess ence on the topic Critical Race Man,” written by Professor Pauahi to provide schools for Theory and International Law: Caroline Forell, with Donna Hawaiian children of native Convergence and Divergence.” Matthews, (NYU Press 2000) was Hawaiian descent. The trust and released for publication at the end its trustees have come under of February. (See related story, Page considerable scrutiny in recent Professor Carl Bjerre delivered 11.) years, with allegations of mis- a talk at the University of Utah Forell also presented a sum- management by the trustees. College of Law, as part of its mary on Feb. 26, of a paper titled “A “The Bishop Estate Trust Edward W. Clyde Distinguished Comparison of the Effects of provides an interesting case Visiting Statutes on Tort Actions in the study for my analysis of the legal Scholars United States, constraints on trustee behavior,” Program, England, Gary says. “My article considers entitled “The Canada and the regulatory mechanisms in Redistributionist Australia” that place in trust law, nonprofit Streak in will be pub- corporation law and tax law and American lished in suggests ways to tighten the Commercial Willamette Law supervision of charitable direc- Law.” Professor Review at the tors and trustees. Bjerre is on Public Sanc- Gary also has written leave from the UO this year, acting tions, Private “Adapting Intestacy Laws to as a visiting professor at the Liability Conference at Willamette Changing Families.” Law & University of Illinois College of Law School. Inequality J. (University of Law. She participated as an issue Minnesota). It too is scheduled session leader addressing how for publication this spring. Professor John Bonine pre- women affect law and the law “Intestacy laws dictate how sented a paper on the role of citizen affects women at Oregon State an estate will be distributed when organizations in protecting rivers, at University’s Annual Women’s someone dies without a will,” the International Conference on Leadership Conference in Corvallis Gary explains. “The laws attempt Protection of the Dniester River in on February 4, 2000. to reflect what a “typical” Chisenau, Moldova, under sponsor- Forell also updated Torts CLE decedent would want, but many ship of the U.S. State Department’s Chapter 32: Negligence Per Se, have failed to change as family Bureau of Education and Cultural Statutory Torts and Statutory structures change. For Affairs. The paper was co-authored Duties, and was elected President of stepfamilies and gay and lesbian
12 OREGON LAWYE R families, the intestacy laws will Professor Leslie Harris reports Hildreth also has received a likely not provide the distribution that the main thing she’s done since University Summer Research a family member would want.” last fall is talk a lot. Following, she Award for research on possible Gary’s article focuses on says, are some of the talks that she’s changes to state, federal and distributions given: international law, due to the New for the children • “Minimally Adequate Carissa grounding and oil spill on in these Parenting” at the Oregon statewide the Oregon coast in February, 1999. families and conference of Citizen Review recommends a Boards and Court Appointed way to modify Special Advocates, Oct. 15, 1999. Professor Maury Holland is intestacy • “Child Welfare Law and continuing as Executive Director statutes to Practice: Parents with Children or of the Council on Court Proce- create an Parents vs. dures. The Council’s current intestate share for children who Children?” at the biennial agenda is shaping up as function as family members but 1999 Western the busiest in several years, he are not biologically related to or Regional Sympo- reports, with efforts focusing on legally adopted by a parent who sium on Child trying to rationalize and simplify died without a will. Abuse & Sexual procedures for subpoenaing At the January meeting of the Assault (SCAR medical and hospital records, AALS, she organized a panel Symposium), possibly amending the ORCP to focusing on the use of mediation to Nov. 3, 1999. authorize some new procedures resolve probate disputes. During • “The Law relating to civil juries, and dealing the session, participants presented and Politics of Welfare to Work in with some problems being en- a role play of a mediation of a will Oregon,” at the Work, Welfare and countered by process servers. contest. Recent UO graduate Politics Conference, University of Holland also is a member of a Brenda Brown, ’99 and Gary Oregon, 2000. group called the Conflict of Law created the role play last year for Study Group, which is functioning use in Gary’s Trusts and Estates under the auspices of the Oregon class, as a way to introduce Dick Hildreth’s article “West- Law Commission. Dom Vetri is mediation to more students. Gary ern Water Law at the Crossroads” chair, and Gene Scoles is also a provided copies of the role play will be published in the next issue member. The purpose of the Study materials and instructions to of the law school’s Journal of Group is to professors attending the panel for Environmental Law and Litigation. consider for use in their own classes, and has This spring he possible already heard from several assisted JELL recommenda- professors who will use the role with its March 3, tion to the play technique this semester. 2000, ocean law Commission Gary reports that John symposium in and the Gartland, ’77 recently assisted in honor of Jon Legislature her Trusts and Estates class. He Jacobson and Assembly played the mediator in the role Peter Swan, and codification of choice-of-law rules play and then answered questions together with in certain areas where that might and participated in a discussion Mary Wood be useful. about when the use of mediation is served on the Stanford Environmen- He also is one of many law appropriate. Law students Russa tal Law Society’s advisory council professors contributing to the Kittredge and Kathleen Mercer for its March 2000 ocean law work of the “Evaluation Commit- played the participants in the role conference. tee of the Ninth Circuit Court of play. This summer he will be teach- Appeals.” The purpose of this Gary is currently serving as ing Coastal Law in Honolulu for the effort is to identify for the Court Chair of the Donative Transfers University of Mississippi’s summer possible conflicts between unpub- Section of the AALS. law program held at the University lished opinions or between of Hawaii, where he will also be unpublished and published collaborating on ocean policy opinions. research with University of Hawaii Holland is chair of the School faculty. of Law Curriculum Committee,
SPRING 2000 13 and a member of both the Univer- and faculty seminars at law schools A new 4th edition of “Evidence sity Student Conduct Hearings in Adelaide and Sydney while he Under the Rules”, by UO Law Board and of the University Ap- was in Australia. In the summer he Professor Laird peals Board. was the director of the University of Kirkpatrick and San Diego’s summer institute in Christopher Oxford, England, and taught a Mueller of the Professor James O’Fallon is course in Comparative Criminal University of putting the finishing touches on Justice. Colorado has “Nature’s Justice: Writings of In the fall he was invited to the recently been William O. Douglas,” which will be Criminal Justice Centre at the published by published in the fall by OSU Press. University of Aspen Legal Limerick in Publishers Ireland to deliver (formerly Little Brown). The course Professor Eugene Scoles a series of lectures book is used to teach evidence in continues his work with the ABA to students, more than 90 law schools. Senior Lawyers Division where he faculty and the is a member of the Council and legal community. Board of Editors of the magazine, He was much Bruce Ching, instructor of legal EXPERIENCE, as well the division in demand as an research and writing, wrote a short liaison to the ABA Coordinating expert commentator for the media pedagogy article that was recently Group on Bioethics and the Law regarding major trials in the printed, Nonlegal Analogies in the and to CEELI. community, especially the Kip LRW Classroom, 8 Perspectives: He reports that his third edition Kinkel plea and sentencing. In Teaching Legal Research and of the Conflict of Laws Hornbook is December he spoke to the Learning Writing 26 (1999). finally in press, and the sixth in Retirement group on the topic The Legal Writing Institute edition of the course book in Trusts “Discretion in Oregon’s Criminal Conference (July 2000) also ac- and Estates is moving toward final Justice System.” He has also cepted his presentation proposal for draft for submission this spring. published the 1999 supplement to using analogies to non-legal Scoles also did a non-law piece his Oregon Criminal Practice situations to illustrate methods of in the last issue of EXPERENCE on treatise. legal analysis and argument. his family’s involvement with German Shorthair dogs which, he says, some critics said was a lot more understandable than what he wrote on the law. Prof. Axline helps win Supreme Court Case Peter Swan, retired UO counsel and professor emeritus, will be University of Oregon Law later compliance. Nor does the giving a CLE presentation on School Professor Mike Axline defendant’s later compliance ownership of intellectual property helped win a case in the U.S. make the suit moot; the plaintiff is for the National Association of Supreme Court on standing-to- still entitled to seek civil penalties College and University Attorneys sue and mootness, the Laidlaw for the violations that were (NACUA) on March 4, at its mid- case. Axline was a co-author of occurring as of and after the time winter meeting in Portland. the main environmental amicus the suit was brought. The only In addition to his weekly brief in the case. exception would be a situation in driving for the Red Cross Meals-on- The ruling indicates that the which the defendant could show Wheels program, his wife, Joyce, court sees a distinction between that “subsequent events make it and he are on the Lane County Red the issue of whether the plaintiff absolutely clear that the allegedly Cross’ Disaster Assistance Team. had standing, and whether the wrongful behavior could not case later became moot. reasonably be expected to recur.” So long as defendant was in The court remanded so that the Wayne Westling kept busy violation at the time the suit was defendant could try to make this during his 1999 sabbatical. He brought, and so long as that showing. In other words, it is attended an Evidence teachers violation injured the plaintiff, more difficult to show mootness conference in Sydney, Australia, in there is standing; the standing is than it is to show a lack of February, and gave guest lectures not defeated by the defendant’s standing.
14 OREGON LAWYE R Svitlana Kravchenko Ira Zaverukha Taras Levitsky Letters from Lviv Profs Note: The following are letters from up some ideas and teaching of the State Debt for future visiting associate professors Svitlana methods. I have participated in the publication. Kravchenko and Ira Zaverukha from panel discussion, organized by I like the spirit of this law Lviv National University, Ukraine. Professor Dom Vetri on discussion school and I’m happy to be here. of the book “Civil Action,” with I am Svitlana Kravchenko, participation of President of the visiting professor from L’viv University David Frohnmayer, National University. Professors Michael Axline, Robin According to our Partnership Collins and John Bonine. I have program between the UO and LNU been trained on West Law and Rennard Strickland we have a few tasks and directions Lexis Nexis already. DEAN of activity. First, is exchange of I am enjoying my stay here and Jane Gary professors and teaching methods am using amazing university DIRECTOR OF DEVELOPMENT and techniques. Second, is prepara- facilities: the library, the gym and Connie Tapp tion of textbooks for Ukrainian swimming pool. I have been at the ASST. DIRECTOR OF DEVELOPMENT students with comparative analysis game of women’s basketball and Ginger Bellino of two legal systems (this part will have been skiing on some week- SECRETARY, ALUMNI AND be translated into English), new ends. I love the beauty of Oregon DEVELOPMENT creative and interactive methods of nature. People are very friendly Jim McChesney teaching and learning. Third, is here. We have had a few invitations EDITING using the Internet, e-mail commu- for lunch and dinner. nication and discussion list for David Goodman building real partnership. Fourth, is DESIGN/PRODUCTION clinical programs on environmental I’m Ira Zaverukha, a visiting Jack Liu and business law. Associate Professor from the Law PHOTOGRAPHY I have been here about one Faculty of Lviv National Univer- (541) 346-3865 month so far. I have been teaching sity. In our system my title is Facsimile (541) 346-1564 my class on International Law, docent (not associate professor). [email protected] Environment and Democracy I teach Financial Law and Reforms. I have been participating Banking Law in Lviv and am in team teaching of Comparative observing classes here for teach- OREGON LAWYER Environmental Law class with ing techniques. I am working with Spring 2000 Vol. 15, No. 2 Professor John Bonine. I have Professor McAniff, because I plan Newsletter of the School of Law started to write a textbook on to teach the first course in Ukraine of the University of Oregon International Environmental Law on Banking Law when I return to © 2000 and have visited classes of profes- Lviv. sors John Bonine, Ibrahim While I am here, I am also Gassama, Gil Carasko, and picked doing research on legal regulation
SPRING 2000 15 1970–79 CLASS matters including intellectual property disputes, software piracy NOTES Philip Hansen, ’70, retired at protection and various transactional the end of 1998 after 30 years of tax matters. practice as an attorney and a 1940–49 Certified Public Accountant in San Linda Eyerman, ’76, was Francisco. Phil practiced Multi-State named president of the Oregon Trial and Local corporate tax law and Lawyers Association for 1999-2000. Norman Wiener, ‘47, is the specialized in state auditors, author of the article “Simple She is with the Portland law firm of hearings and trials. During his Gaylor and Eyerman and special- Lessons from a Complex Case” in career he served as the president of the 1999 edition of The Litigation izes in personal injury and projects the San Francisco Chapter of Tax liability. Manual, published by the ABA Executives Institute and on the Litigation Section. Executive Board of Committee on William Van Atta, ’76, was State Taxation. He was also ap- James Nelson, ’48, was elected profiled in the December 1999 issue pointed to serve on the Advisory of the Oregon State Bar Bulletin. president of the KBPS Public Radio Board to the Executive Director of Foundation. The article described his approach the California Franchise Tax Board. to law practice, particularly his passion for pro bono work. Carl Brophy, ’49, received the Craig Murphy, ’73, was elected Award of Merit from the Oregon to the board of directors of the State Bar for his outstanding Milt Jones, ’77, has joined Oregon chapter of the American Perkins Coie in its environment and accomplishments and devoted Judicature Society. service to the Bar and legal commu- natural resources practice group. He is the former manager of environ- nity after completing 50 years of W.D. Cegavske, ’74, has practice with honor and distinction. ment, safety and land at PG&E Gas become Of Counsel to the Roseburg Transmission Northwest and the He is a partner with the Medford law firm of Watkinson, Laird, law firm of Brophy, Mills, Schmor, former director of government and Rubenstein, Lashway & Baldwin. regulatory affairs at Nerco, Inc. Gerking & Brophy, LLP. He will continue to practice law full 1950–59 time, emphasizing estate planning Jim Noteboom, ’77, returned and administration, real property, from Dakar, Senegal, where he led corporate and partnership law. Robert E. Jones, ’51, received an instructional team from the Defense Institute of International the first Judge Robert E. Jones Jonathan Fussner, ’75, has been Oregon Justice Award from the Legal Studies. The team conducted appointed attorney-in-charge of the a week long course on international American Judicature Society (AJS) criminal unit of the appellate in recognition of his career-long peacekeeping operations, human division. He previously served as a rights and the role of the contributions to the bench, bar and deputy district attorney of Lane citizenry of Oregon. The AJS is a gendarmerie in a democracy. County, where he handled a wide Military officers and gendarmerie national organization working to variety of criminal matters, and improve courts. from eight west African nations then became Springfield city participated. The regional seminar, prosecutor. He joined the Appellate Richard Unis, ’53, was honored the first such seminar to focus on Division in 1985 and has since human rights, received interna- with the Herbert Harley Award by specialized in criminalappeals. the American Judicature Society tional attention. Jim, an Army colonel, previously conducted (AJS). The award is named for the David Hytowitz, ’75, was founder of AJS and is presented to similar courses in Ethiopia, Zimba- elected to the board of directors of bwe and Krygyzstan. recognize achievements in promot- the Oregon chapter of the American ing the effective administration of Judicature Society. justice. Justice Unis received this Susan Svetkey, ’77, was appointed to the Multnomah honor because of his life-long Stuart Brown, ’76, has joined commitment to judicial excellence. County Circuit Court bench by Preston Gates Ellis in their Portland Oregon Governor John Kitzhaber. office where he will serve as Of She will run for election in 2000. Counsel for Litigation. He repre- Susan has been in private practice sents clients in complex litigation in Portland for 18 years. Previously,
16 OREGON LAWYE R she spent a year working in the Michael Doughton, ’82, has Maryann Yelnosky, ’86, joined Metropolitan Public Defender’s written, performed, produced and the Portland law firm of Barran Office and two years in the is marketing his first solo CD of Liebman LLP Multnomah County Legal Aid original instrumental music, as a partner. Office. She was co-founder of the “TRANSLINGO”, released in She will Juvenile Rights Project. November 1999 in Sacramento, represent California. Michael reports that he Oregon and John Cowden, ’78, has been re- is not yet ready to quit his day job Washington elected managing director of Garvey, as Senior Staff Counsel for the employers in Schubert & California Department of Correc- employment Barer, a regional tions. litigation, law firm with emphasizing offices in Doug Mitchell, ’83, was services to Portland, Seattle, appointed Lane County Circuit health care providers. Previously, and Washington, Court Judge by Oregon Governor she was a partner with the Portland D.C. Cowden John Kitzhaber. He will run for law firm of Keating Jones Bildstein specializes in election next summer in hopes of & Hughes P.C. admiralty and winning a full six-year term. Doug maritime has worked nine years in the family Cheryl Pellegrini, ’87, has been litigation and law division of the Lane County appointed as attorney-in-charge of currently represents the M/V NEW district attorney’s office, and served the financial fraud/consumer CARISSA. He works in the Portland three years on the Domestic Vio- protection section of the civil office of Garvey, Schubert & Barer. lence Council. enforcement division of the Oregon Department of Justice. Most Joseph McNaught, ’78, was Tad Everhart, ’84, has become recently, Cheryl was the attorney-in- appointed assistant division admin- an associate in the Portland law charge of the business activities istrator of the general counse firm of Douglas M. Bomarito. His section. She previously worked division of the Oregon Department practice will concentrate on con- with Lane County Legal Aid and of Justice. struction, real estate, business and then as deputy district attorney and family law. chief deputy district attorney of Klamath County. 1980–89 Sam Adams, ’85, was ap- pointed by Alaska Governor Tony Paul Bohn, ’88, reports that he Craig Cowley, ’80, has joined the Knowles to the District Court bench has formed his own law firm “in the Portland firm of Gevurtz, Menashe, in Anchorage. For the past 11 years bucolic community of Northville, Larson & Howe as an associate. Sam was employed as a prosecutor Michigan.” The law firm currently for the State of Alaska Department has eight attorneys and a diverse Christopher Larsen, ’80, has of Law’s Criminal Division. During practice including environmental, become an associate in the Portland the past 2 1/2 years he was the real estate, labor, corporate and civil law firm of Swanson, Thomas & State’s Fish and Game Prosecutor litigation. His own practice focuses Coon. He was previously with Rieke with responsibility to prosecute primarily on wetlands and natural & Savage where his practice empha- commercial fishing and hunting resources, and more recently, sized felony trial work. cases statewide. Sam reports that he Brownfield redevelopment. and his wife, Catherine Call, are Bert Fukumoto, ’81, has left happily raising their three daugh- H. Andrew Clark, ’88, has Lane Powell Spears Lubersky to ters, Helen, Cami, and Margaret, in joined the Eugene law firm of begin an individual legal practice in the “Great Land.” Gleaves Swearingen Larsen Potter the Portland area. Scott & Smith LLP. His practice will James Egan, ’85, was elected to focus on land use and government Jeffrey Matthews, ’81, has the board of directors of the Oregon law. He previously worked for five started his own firm in Portland, Trial Lawyers Association for 1999- years in Portland in private prac- Yates, Matthews & Associates. He 2000. tice, followed by six years as an was formerly with the Portland law assistant county counsel with Linn firm of Gevurtz, Menashe, Larson & and Clackamas counties. Howe, P.C. Continued on Page 18
SPRING 2000 17 Douglas MacCourt, ’88, has Steven Briggs, ’92, has been ence in mitigating exactions such as joined the Portland law firm of Ater appointed assistant attorney general impact fees. Previously he was Wynne as an associate. He will in the district attorney assistance associated with Perkins Coie and concentrate primarily on land use section of the criminal justice with Bogle & Gates. and natural resources. Doug was division of the Oregon Department previously with the City of Portland. of Justice. Immediately following James Britt, ’93, and Will law school graduation, he clerked Childs, ’98, have joined together to Katie Tank, ’88, and Myles for the Supreme Court of Oregon form the new law firm, Britt & Conway, ’88, are proud to announce and served two years in the honors Childs, P.C. The Eugene law firm the birth of their third child, born fall, program of the U.S. Department of will concentrate in business law and 1999. Katie is a partner at Perkins Justice. He then became a deputy litigation, family law, estate plan- Coie and Myles is an Assistant district attorney of Washington ning, labor and employment law, Attorney General for the State of County. tort prosecution and defense, Alaska. criminal defense, and elder law. Shawn Gordon, ’92, joined the Cynthia Easterday, ’89, was Judge Advocate General’s Corps Vivian Lee, ’93, recently joined elected vice president of the Yamhill and attended the 12-week Judge the Portland law firm of Schwabe County Bar Association. Advocate Officer Basic Course. He Williamson & Wyatt as an associate, finished first in that class and was working in the firm’s tax practice Kelly Zusman, ’89, a career law designated the Distinguished group. She received her LL.M. in clerk for Judge Malcolm Marsh, Graduate. His first assignment as a Taxation from the University of has received the Federal Bar judge advocate is in the legal office Washington School of Law. Previ- Association’s 1999 Younger Federal at Fort Lewis, Washington. ously she practiced as a complex Lawyer Award for her work with the litigation associate in the Portland court, her assistance to the U.S. Darien Loiselle, ’92, has firm of Markowitz, Herbold, Glade Probation Office and her service to become a shareholder with Schwabe & Mehlhaf. the legal community through her Williamson & Wyatt. His practice publication of “The Courthouse emphasizes construction litigation Laura Montgomery, ’93, has News.” She was one of four lawyers and admiralty and maritime law. been named a partner in the Eugene in the nation selected for the award law firm of Gleaves Swearingen by a panel of federal judges and the Alex Poust, ’92, recently Larsen Potter Scott & Smith. Laura chair of the association’s Younger became a shareholder with Schwabe has been with the firm since Lawyers Division. Williamson & Wyatt. His practice graduation, and practices in the focuses on general business, area of civil litigation. 1990–99 commercial litigation, and creditor’s rights in bankruptcy. Debra Pilcher, ’93, was elected Carolyn Ladd, ’90, has left the president-elect of the Oregon Seattle firm of Jackson, Lewis, Pam Quinlan, ’92, a songwriter Women Lawyers for 1999-2000. She Schnitzler & Krupman to join the and one of four vocalists with the is associate counsel for Hyundai labor and employment department band Fez Fatale, has just released a Semiconductor America. in the office of the general counsel five-song CD on Wild Hair Records. at the Boeing Company where she The CD is available at Music Brian Thompson, ’93, has will provide advice and manage Millennium and on the Internet at joined the Eugene law firm of litigation involving employment www.localsoline.com. Fez Fatale Hutchinson, Anderson, Cox, Coons discrimination and family leave played a showcase at the NXNW & DuPriest. He has been in private issues. Music Festival, held in Portland in practice in the Eugene area for six late September. years and will continue his practice Mary Beth Allen, ’91, was of business and estate planning, elected to the board of directors of Ty Wyman, ’92, is now practic- charitable and non-profit organiza- the Oregon chapter of the American ing at the Portland law firm of Stoel tion and federal taxation. Brian will Judicature Society. Rives as an associate in its Land Use join the faculty at the UO School of Law Group. His practice will focus Law in the fall of 2000 as an adjunct Daniel Barnhart, ’91, has on obtaining development permits, instructor. become a shareholder in the such as comprehensive plan Portland law firm of Bullard, Smith, amendments and design review Philip Wasley, ’93, and Aron Jernstedt, Harnish. approval. He has particular experi- Yarmo, ’93, recently formed the law
18 OREGON LAWYE R firm of Yarmo & Wasley, located in Anne Munsey, ’96, joined the Patrick Stevens, ’97, has joined Bend, Oregon. The firm is a full- State Public Defender’s Office. She the Eugene law firm of Armstrong service law practice emphasizing was previously a law clerk for Court & Associates as an associate. He land use, real estate, property, of Appeals Judges Paul DeMuniz and formerly served as a judicial clerk to water, natural resources, construc- Virginia Linder. Lane County Circuit Court Judge tion, administrative and criminal Kip Leonard, and was in private defense law. Dan Thenell, ’96, joined the practice for the past year. Washington County District Laura Hammond, ’94, has Attorney’s Office. He previously Will Childs, ’98, and James joined the Portland law firm of clerked for Judge Dennis Hubel at Britt, ’93, have joined together to Grenley, Rotenberg, Evans, Bragg & the U.S. District Court in Portland. form the new law firm, Britt & Bodie, focusing on estate planning, Childs, P.C. The Eugene firm will corporate law, and business transac- Richard George, ’97, has joined concentrate in business law and tions. the Portland law firm of Black litigation, family law, estate plan- Helterline as an associate where his ning, labor and employment law, David Rocker, ’94, joined practice will focus on litigation, land- tort prosecution and defense, Bullivant, Houser, Bailey in their use and real estate, and business law. criminal defense, and elder law. insurance coverage and general He previously served as an Honors litigation group. He will focus his Attorney with the Oregon Depart- Jill Fetherstonhaugh, ’98, has practice on litigation involving ment of Justice in their Appellate opened the Business Law Centre in insurance issues, products liability Division, and Consumer Protection/ Eugene where she will focus on and general business, as well as Financial Fraud Section of the Civil business and employment law. She insurance coverage matters. Enforcement Division. previously practiced law in Port- land. Gregory Hendershott ’95, Paul Alig, ’97, reports that he reports that he has taken a position and Laura Chartoff, ’97, are now Will Forsyth, ’99, has joined the with the Seattle office of Dorsey & engaged and live together in the Eugene law firm of Hershner, Whitney, LLP. His practice focuses Portland area. Paul is practicing law Hunter, Andrews, Neill & Smith, on representing established and in the Legal Aid Services of Oregon LLP as an associate. He will initially emerging growth companies in in Hillsboro. Laura finished her focus on commercial and business Labor and Employment matters. LL.M. at New York University Law litigation. School last year and now practices in Steven Palestine, ’95, is the area of tax with the Portland law Cristina Gabrielidis, ’99, is an practicing with the Beverly Hills firm of Hanna, Kerns & Strader. associate at the Eugene law firm of law firm of Hochman Salkin Rettig Harrang Long Gary Rudnick. Her Toscher & Perez. Steven received his Meredith Allen, ’97, previously practice emphasizes business and LL.M. in Taxation from New York with the Bend law firm of Crabtree international law. University School of Law in 1997 and Rahmsdorff, has joined the State where he received the Harry J. Public Defender’s Office. Tristyne Huffman, ’99, joined Rudnick Memorial Award which is the Eugene law firm of Peggy A. awarded to the student with the Richard George, ’97, recently Bond, P.C. as an associate. Her highest academic achievement in joined Black Helterline where he will practice will emphasize family law NYU’s graduate tax program. He focus on litigation, land use, real and adoption. clerked for Judge Herbert Choy of estate, and the United States Court of Appeals business law. Todd Johnston, ’99, is with the for the Ninth Circuit and was He previously Eugene law firm of Gleaves previously with the New York tax served as an Swearingen Larsen Potter Scott & boutique, Roberts & Holland. honors attorney Smith LLP as an associate. His with the Oregon practice will focus on business and Allyson Krueger, ’96, joined the Department of litigation. Portland firm of Barran Liebman. Justice, appel- She represents employers in late division Kristin Kernutt, ’99, has joined litigation, employment discrimina- and consumer the Eugene law firm of Gleaves tion and general employment protection/financial fraud section of Swearingen Larsen Potter Scott & disputes. She was previously with the civil enforcement division. Smith LLP as an associate. She will Schwabe Williamson & Wyatt. Continued on Page 20
SPRING 2000 19 initially focus her practice on business and land use. IN MEMORIUM Caroline Kuerschner, ’99, is an DAVID ABEYTA, SR., ’81, died January 1, 1999. associate in the Portland office of ROBERT BELLONI, ’51, died November 3, 1999. Miller Nash, concentrating her practice on general business matters. RICHARD BENNETT, ’50, died June 19, 1999. HOWARD BOBBITT, ’35, died September 27, 1999. Daniel Steinberg, ’99, joined the RICHARD BRYSON, ’41, died December 12, 1999. Salem law firm of Garrett, Hemann, Robertson, Paulus, Jennings & ROLAND DAVIS, ’30, died November 2, 1999. Comstock as an associate. THOMAS EDISON, ’57, died October 26, 1999. OTTO FROHNMAYER, ’33, died January 31, 2000. Thomas Tongue, ’99, recently joined the law firm of Schwabe ORLANDO J. HOLLIS, ’28, died March 1, 2000. Williamson & Wyatt. J. MARVIN KUHN, ’60, died August 10, 1999. WILLIAM MARTIN, ’37, died July 19, 1999. Stephanie Turner, ’99, has joined the Eugene law firm of Watkinson, HOWARD MCLEAN, ’79, died March 28, 1999. Laird, Rubenstein, Lashway & THOMAS MERRIAM, ’77, died June 15, 1999. Baldwin, P.C. as an associate. She GREGORY MOORE, ’89, died June 18, 1999. will concentrate her practice on employment and family law. JAMES NELSON, ’48, died November 23, 1999. KENNETH J. O’CONNELL, died February 18, 2000. Andrew Yorra, ’99, is now an associate at the Portland law firm of Dean Hollis and K.J. O’Connell died as we were going to Tonkon Torp, working in the firm’s press. We will be doing articles on their remarkable careers corporate and business practice and their history with the law school in the next issue. group.
Boy Courts Girl, Gleaves and Friends Studies for Court, Donates to Court First year student Keith Rack donated a basketball to the law school in honor of his girlfriend, Marieke Stientjes. “She is an outstanding basketball player,” Rack says, “and is kind enough to share me with the law school.” The UO law school is the only law school in the country with a basketball hoop and where basketballs can be checked out by students. The hoop itself was anony- mously donated during the building campaign. Vern Gleaves, class of ‘51, celebrates his retirement with family and friends at a party held in the Wayne Morse Commons of the UO School of Law. Gleaves retired from the firm he founded, Gleaves, Swearingen, Larson, Potter, Scott & Smith LLP.
20 OREGON LAWYE R Alumni President’s Letter New Building, Challenges, Opportunities The dedication of the William W. Knight Law family member. I ask you to consider offering your Center was a milestone for the University of Oregon, advice and ideas as a contribution to a future alumnus particularly to the many Law School alumni who had and to give Heather a call. toiled the hours away reading case books in the dark Finally, I would like to thank Richard Meeker for study carrels of the old law school while copiously his years of leadership as the Alumni Board Association taking hand written notes. The new building boasts President. We never had a dull meeting... natural light-filled rooms and study areas with com- puter hook ups at every desk. It is an inviting and Cynthia M. Fraser pleasant environment that will continue to attract President-Elect outstanding individuals to the student body and the UO Alumni Association Board faculty. It is almost (until you run into Professor Mooney waving a commercial law casebook at you in the hall) inviting enough to make you feel like return- Job Listings On Database ing to take a class or two. Graduates interested in checking job listings can What is equally as exciting as the new building is now get immediate access to the Career Services office the progressive and enlightened outlook that Law listings through the Career Database at the Law School School Dean Rennard Stickland envisions for the web site, according to Assistant Dean Merv Loya. school’s future. He has put together a task force to Access to the database generally is limited to UO review the curriculum of the school as we move into Law graduates and students. Those interested in using the 21st century. I am honored, as the Alumni Presi- this resource may check with the Career Services Office, dent- Elect, to be a member of this committee. This 541/346-3887 (from Portland, 220-2183) to get the committee offers an opportunity for past law school password and ID. graduates to reflect on their education and what the law school could have done to better prepare them for entry into the profession and for members of the OFFICERS community to evaluate how they view the future of the RICHARD MEEKER, ’74, President Willamette Week legal profession. The committee is evaluating the CYNTHIA FRASER, ’87, Vice President Oregon Department of Transportation curriculum with several issues in mind including how DOUG MITCHELL, ’83, SECRETARY Lane County District Court Judge the law school can better prepare students to enter the MEMBERS practice of law or use their legal education for alterna- JANE AIKEN, ’78 Attorney at Law tive careers; how the school can maintain the accessibil- DANETTE BLOOMER, ’95 Federal District Court Judical Clerk ity of a legal education, and how does this all fit with THE HON. PAULA BROWNHILL, ’81 U.S. District Court Judge the needs of the community as we move into the 21st HEATHER DECKER, ’96 Cosgrove, Vergeer & Kester JAMES DOLE, ’89 Schultz, Salisbury, Cauble, Versteeg & century. Dole These are important questions for the law school. GORDON HANNA, ’78 Attorney at Law I commend Dean Strickland for his progressive view of KURT HANSEN, ’84 Schwabe Williamson & Wyatt the future of legal education and urge you to take the KATHERINE HEEKIN, ’94 Keating, Jones, Bildstein, Hughes & time to forward your idea and comments to Dean Yelonsky Strickland or me. KEVIN KEILLOR, ’87 Hurley Lynch & Re P.C. On another note, with the multitude of demands on KAREN O’CONNOR, ’95 Attorney at Law our lives, the contribution that our education at this JEFF PRIDGEON, ’77 Pridgeon Stimac & Associates fine institution has made to our daily lives is sometimes LYNNE RENNICK, ’97 Federal District Court Judicial Clerk forgotten. Once a year we receive a fund raising request FRED RUBY, ’84 Greene & Markley and then we move on to our next task. There are other JIM TREADWELL, ’69 Karr Tuttle Campbell important ways you can contribute to the school as alumni. The most rewarding return for me has been through mentoring a student. This contact can be Correction simply thorough the telephone or e-mail. The law In the lists of giving by class (Oregon Lawyer, Fall school is in the third year of a mentoring program led 1999) the class of 1973 should have been listed as second by alumnus Heather Decker, ’96. The cost is a telephone in the largest amount raised category, as well as in total call; the time commitment is equal to a monthly call to a participation. We regret the error.
SPRING 2000 21 EDUCATING LAWYERS TO CREATE VALUE FOR BUSINESS The Law of Beer II tory issues and Students and faculty were warnings is by treated to a light dinner and offering them a new microbrew samples supplied by home in his circular both Portland Brewing Company file. and Rogue Ales. Fred Bowman of Portland Brewing Company, sug- gested that the best lawyers sport a healthy sense of humor. In addition to proposing that Do you have an idea for lawyers help loosen a symposium? the regulatory Jack Joyce (seated) and Fred Bowman discuss law with students. binds that some- times unnecessarily Would you like to come The Law & Entrepreneurship restrict his business, he said that and talk to law students Center hosted Mr. Fred Bowman, trademarking Portland Brewing Vice-President of Portland Brewing Company’s product was challeng- about your business or Company, and Mr. Jack Joyce, ing and involved significant the business of law? President and Founder of Rogue planning in order to comply with Ales on November 11, 1999 for “The state and federal laws. Law of Beer II.” The speakers Let us know! discussed legal challenges particu- lar to the beer brewing industry, specifically regulatory issues. For more information Joyce, a former construction 541-346-3994 law attorney, whose daughter is [email protected] currently a student at the UO School of Law, spoke about profes- www.law.uoregon.edu/~lec sionalism and urged up-and- coming lawyers to think of them- selves as people with specialized training, and to use a common sense approach when they practice law. True to his company name— Rogue Ale—he said that his pre- Valerie Sasaki considers her options at the Seize Opportunity! ferred method of handling regula- Law of Beer 2.
22 OREGON LAWYE R CENTER MISSION LAW AND To prepare students to represent entrepreneurs and to be entrepreneurs. ENTREPRENEURSHIP To direct faculty research toward legal and economic problems that confront CENTER STAFF AND entrepreneurs. ADVISORY BOARD To make a lasting contribution to the economic development of Oregon by providing a forum for interaction, exchange, and education for students and Faculty Executive Directors professionals in Northwest business and legal communities. DEAN RENNARD STRICKLAND PROFESSOR MAURICE HOLLAND
Program Manager Event Pictures JUDY SPRAUER Graduate Teaching Fellows and Contributing Editors JASON HOWELL, 2L VALERIE SASAKI, 2L
EXTERNAL ADVISORY BOARD
CAROLYN CHAMBERS CEO, Chambers Communications Corp.
AVA BARTLEY, ‘97 Stoel Rives Grif Frost of SakeOne in Forest Grove Gwen Dayton of Oregon Health Care autographs a copy of his book for Prof. Gene Association and Valerie Sasaki, Center GTF, JENNIFER E. DUGGAN, ‘96 Scoles. visit following Health Law Panel discussion. Porter, Scott, Weiberg & Delehant
Recent Graduates Open New Law Firm JAMES HERSHNER, ‘54 Hershner, Hunter, Andrews, Neill On February 24, the Center sponsored an event which looked at an & Smith entrepreneurial aspect of legal practice. Tom Konowalchuck, Esq. (UO '99) and David Cramer, Esq. (UO '99), who opened the doors of their new law DONALD L. KRAHMER firm in Newport on November 1, 1999, spoke with approximately 40 law Black Helterline students about the issues facing new lawyers going into business for DAVID MACKIE, ‘73 themselves. Nordstrom, Inc Konowalchuck, a physician who had his own medical practice before law school, said that his previous experience in managing his own medical ROHN ROBERTS, ‘79 office was an advantage when he opened up his law office. Cramer, Arnold, Gallagher, Saydack, working as a paralegal for 10 years prior to entering law school, said that Percell & Roberts his experience in law firm management helped him understand the business aspects of running a law firm. Both speakers agreed that it was NICHOLAS ROCKEFELLER critical for prospective "legal entrepreneurs" to develop a coherent vision of Troop, Steuber, Pasich, Reddick & how a new law firm could add value to its community. Tobey Cramer and Konowalchuck showed students how to begin establishing a budget, and listed a number of managerial and professional resources for ROBERT THOMPSON, ‘73 Novartis Corporation attorneys establishing a new firm. The Professional Liability Fund adminis- trators are a valuable resource, as are professors at, and alumni of, the University of Oregon School of Law. We plan to invite them to speak again next year, and will put a link from our web page (http://www.law.uoregon.edu/~lec) to theirs in the near future.
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