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Adventuresof a Green Dean in Green Pastures 2 Dean Cliff R Thompson Nathan P. Ieinsinger and the Origins of Alternate Dispute Resolution 3 William G. Moore Judicial Activismin India 6 Chief justice P.N. Bhagwati The Evolution of Skills Training 9 Stuart G. Gullickson A Visit with the Doyles 12 Paul Reidinger Notes on Alums 13 Faculty Briefs 14 Editor's Note 15

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Adventures of a Green Dean in Green Pastures

Dean Cliff F. Thompson

nthe photo are Sara and Mark Weier, who share law practice around the state. But I had only a remote chores in running the Weier-Nook Farm near Dodge- understanding of the past fortunes and current lives of Iville. They were among the hundreds of Wisconsin the people served by Wisconsin's legal profession. This citizens who helped educate UW-Madison faculty this seminar was intense, complete with assigned readings, past summer. I was among the lucky learners. A busload and lectures at meals and on the bus to prepare us for of us rolled around the state for five days, visiting people our stops. We were on duty at least 12 hours a day. If that in their farms and factories, and listening to their experi- sounds onerous, I should add that we also managed to ences and dreams. add a few hours every day for spirited relaxation, easy We were on the "Wisconsin Idea Seminar," made enough in the company of bright and engaging compan- possible by a grant from the Evjue Foundation. New ions. Although we didn't believe the dark hints that there faculty from many departments, and a couple of only would be a final exam, I dutifully took notes, and I have slightly used faculty like myself, had the opportunity to enjoyed the freshness of the memories stirred by read- see first-hand how the walls of the University are as great ing them. as the state itself. Many universities with an international I suppose everyone on the tour has favorite recol- reputation have few ties with their local communities. lections. Mine, in addition to the Weier's dairy farm, Some, like the University of Wisconsin-Madison, are include: high tech at Silicon Sensors; Truman Lowe of the renowned both at home and abroad. But I know of no Winnebago describing the nuances of green in the emerg- university with a history and commitment to equal this ing summer foliage; the combination of old fashioned ser- University's special dedication to serve the community vice and modern science at the Marshfield Clinic; the which supports it. complicated integration of product use at Green Bay One of our teachers was the venerable John Patrick Packaging Co.; and the keenness of students at Milwau- Hunter of the Capital Times, who apologized to me one kee Trade and Technical High School, where theory and morning for referring to me as the "new dean" in his first hands-on experience combine. press report on our progress, whereas he now realized I My own enthusiasm for the seminar certainly arises was completing my third year. I assured him that my col- because we were given vivid experiences in subjects leagues and law alums regarded me as new, that Agricul- about which we had read. None of us thought we had ture Dean Walsh had told me that I should expect to be become instantly wise in the ways of Wisconsin. But introduced as a new dean for at least four years, and that, we emerged a little less green, and considerably more anyway, if he thought I was new, that was proof enough. appreciative of the bonds between our University and It is true that I had already traveled to many of the the State. areas on our tour, and had begun to get a good sense of 3

Nathan P. Feinsinger and the rigins of Alternate Dispute Resolution

William G. Moore

With litigation costs skyrocketing, and the courts increasingly overburdened, a search has begun for practical alternatives to stand- ard dispute resolution. Mediation and arbitration, methods in the past confined to the handling of disputes between labor and management, are now being recognized as potential vehicles to the resolution of conflicts outside of the labor sphere. Loosely grouped under the title A.D.R.- Alternate Dispute Resolution-these options may offer swifter and more private settlement of conflicts between parties. More and more, law schools are beginning to offer classes in A.D.R. Harvard, for example, recently offered an optional seminar in negotiation. And Hofstra Law School now claims that it did "much of the pioneer- that arbitration and mediation might be Other law faculty members with dif- ing work in the field." applied to non-labor areas of law is now ferent interests and specialties pursued But at the University of Wisconsin Law beginning to be recognized as an idea whose similar tacks in linking law to broad soci- School, Professor Nathan P Feinsinger had time has come. etal concerns. expressed ideas about A.D.R. as early as The article below traces Feinsinger's Nathan P. Feinsinger was among 1960. career and the history of his ideas on these. He joined the Law School faculty And in 1966, the Law School curriculum A.D.R. in 1929, after a year as Visiting Professor boasted a course called "Methods of Dis- of Socio-Legal Research at Columbia putes Settlement," instructed by Feinsinger: For the UW Law School, the 1920's and University. With colleague Eleanore Roe, Feinsinger 1930's were important years during His work had already begun to take a also established in 1967 the Dispute Resolu- which a course and a vision for the functional approach to law: he character- tion Center at the Law School. There, "tech- future of law and legal education were ized his year at Columbia as research on niques were studied for application to all forged. Promoted was a brand of legal "how a law that has passed by the legisla- kinds of disputes." The Center's key concept education designed to reach out to help ture and been tested in the courts actu- was that "lessons learned in the specific society-the concepts of "law in action" ally works out in practice." area of labor relations should be capable of and the Wisconsin Idea. Feinsinger came to UW Law school some transference to other problem fields." Under the auspices of Dean Harry with initial specialties in family law, Feinsinger died in 1983, but not before Richards, and through close contact with domestic law and bills and notes. He his effort to "re-examine the techniques of Professors John Commons, Selig Perlman began as an instructor of domestic rela- arbitration and mediation in light of future and Edwin Witte of the economics tions and insurance law, and also taught and present-day needs" brought him broad department, work in this direction began a course for the business school. acclaim. in 1924with a seminar in collective bar- He was, however, shortly to switch At the Law School the efforts begun by gaining, taught by Law Professor William fields and emerge as a leading labor law- him have continued and have been Rice. It was "one of the first such courses yer. When Bill Rice was called to Geneva expanded. And, more broadly, his notion in the nation." for a meeting of the Internatiolnal Labor 4

Organization in 1935, Dean Lloyd Garri- was chairman of the National Wage Stabi- "As long as I can remember:' Christen- son called on Feinsinger to substitute. lization Board. Feinsinger, then, had son said, "Feinsinger had been asking It was Feinsinger's teaching of Rice's quickly established himself as "one of himself and his students whether media- course that got him into labor law. the superstars of the mediation and arbi- tion and arbitration techniques were Feinsinger had had little experience in tration field." transferable:' that is, applicable to other labor law. "I hadn't even had the course, He later became permanent arbitrator areas of law. much less taught it," he said in a inter- in labor disputes between General Feinsinger was an early believer that view in the late '70's. "AllI learned about Motors and the United Auto Workers mediation and arbitration techniques labor law at Law School I learned in a (1954-68).and helped to engineer scores need not be confined to use in labor dis- course on equity!' of successful settlements including the putes. Perhaps it was his recognition of He learned as he taught. And substi- New York City Transit Strike of 1966, and the human factor in labor and mange- tuting for Rice put him in the position of the Detroit Newspaper strike of 1967-68. ment disputes that convinced him of this. adviser whether he liked it or not. "The only way to settle labor-manage- When Gov. Philip La Follette sought The Human Factor ment problems is to treat them as human mediators under the state's "little problems," he said. "Eventually each of Wagner" act to settle the burgeoning U.W.Law Professor Arlen Christenson, the parties will discover that the other number of labor disputes, he turned to who specializes in arbitration, remem- fellow doesn't have horns." Feinsinger, whose "outstanding legal abil- bers having Feinsinger as a professor in Feinsinger shortly had an opportunity ities" more than made up for his lack of 1958 and 1959. to exercise his mediation skills in a non- labor experience. labor dispute. And from 1937-39 Feinsinger served In 1966, he "calmed hot tempers in as general counsel to the State Labor the racial struggle between the whites- Board and special assistant to the State only Eagles Club and the Milwaukee Attorney General. Feinsinger was an early believer Youth Council of the NAACP,spear- His first case came in 1941in Minne- headed by Father James Groppi," apolis at the Honeywell Corporation. that mediation and arbitration Later, Feinsinger noted that "there u.w. Economics Professor Edward Witte techniques need not be confined is hardly a controversy mentionable- was called up to mediate, but was unable including the one in Vietnam-that can- to do so because of a prior commitment. to use in labor disputes. not be mediated." Feinsinger took on the case and handled This conviction-that the "techniques it successfully. used to settle labor disputes could be From there he won wide renown as a applied to virtually any type of social skillful mediator. During the war years problem"-led him and a colleague, Pro- he served on the National Defense Medi- fessor Eleanore Roe, to form the Law ation Board; from 1951through 1953 he School's Center for Teaching and Research in Disputes Settlement in 1967.

Eleanor Roe, Robben Fleming and Nathan Feinsinger 5

And Feinsinger's "great contribution to the development of mediation, arbitra- "[Tjhere is hardly a controversy tion and conciliation techniques in the mentionable-including the one settlement of labor management contro- versies" met with great praise. So did his in Vietnam-that cannot be effort to "re-examine these techniques in mediated:' light of present-day needs in this and all areas of conflict." Feinsinger retired in 1973 after 43 years of teaching. Until 1977, however, The Center was established at UW he continued to direct the Center for with the financial support of labor and Teaching and Research in Disputes Settle- industry and the" cooperation of other ment with Eleanore Roe. He died in 1983 universities and colleges." Through semi- at the age of 81. nars and research, it sought to "discern For a brief time after Feinsinger's ways to better mediate in various areas death, the center was run by Emeritus of human relations." Professor Abner Brodie. Brodie had Though the concept was new, "Fein- joined the faculty in 1950, and had singer's extensive experience as arbitra- worked with Feinsinger as an associate tor, fact finder and mediator provided General Motors-United Auto Workers ample subject matter for the seminar." umpire. Brodie later succeeded him as The first seminar, in fact, was offered umpire. He took on emeritus status in before the Center was fully functioning, 1976. in the fall of 1966: Since 1977, disputes settlement Methods of Disputes Settlement: This research and teaching has flourished at seminar consists of a study of "volun- the Law School. Through the work of the tary" methods of disputes settlement Disputes Processing Research Program, including mediation as contrasted with part of the Law School's Institute for settlement imposed by military force, Legal Studies, "empirically-grounded economic force, compulsory arbitration theory about conflict resolution is devel- and the like. Students undertake a oped through research and intellectual research project which attempts (a) to exchange." The DPRP emerged from the define the techniques of mediation and "tradition of interdisciplinary research the attributes of a good mediator, (b) to on disputing" of which Feinsinger's pio- determine whether those techniques and attributes can be taught, and [c]to neering work was also a part. determine whether mediation proved to be successful in one area of conflict Ground Breaker such as labor-management disputes, can be transferred to other areas such as When Nathan Feinsinger recognized civil rights, international disputes, etc. the potential for expansion of mediation and arbitration uses, the idea was a novel one. Seminal Role Recognized And his "Methods of Disputes" Semi- nar, and the Center for Teaching and In October of 1969, the Center sponsored Research in Disputes Settlement were a Conference on Studies in Disputes Set- tlement. The conference sought to important beginnings to the emerging explore "what other organizations and options to slow, costly, and sometimes excrutiating litigation. Prof. Marc Galanter institutions-public or private, academic A.D.R. today, still in its infant stages, or otherwise-have and active interest in has a promising future. And a substantial disputes settlement, and to exchange helpful and relevant information among beginning to that future was made by those interested." Feinsinger's ground-breaking work. Transferability of mediation techniques emerged as a key theme of the conference. Evolution of Skills Training Stuart G. Gullickson

In Volume XIV; No.4, of The Gargoyle 1958 and II in 1963, sponsored by the Professor Stuart Gullickson wrote about his Joint Committee on Continuing Legal experiences with the simulation method of Education of the American Law Institute teaching, specifically relating to our General and the American Bar Association (ALI- Practice Course. He discussed the theory of ABA),advocated that applicants for such courses, their advantages and disad- admission to practice in this country be vantages, and concluded that the "simula- required to take "a comprehensive tion technique can be useful not only as an course in practical skills." That view was exclusive method of instruction, but also as advisory only because the supreme a component in clinical programs, and as a courts of our states determine the criteria supplement to traditional methods in larger for admission to practice in their respec- classes. In this piece, Prof. Gullickson shifts tive jurisdictions. With the impetus from to the larger scene: the worldwide spread of Arden House II, ALI-ABA:sJoint Commit- simulation for skills training, in law schools tee undertook a three-year study of alter- and as post-graduate courses. The article is natives for learning practice methods adapted from a speech to the joint meeting and, in its 1967 report, concluded that of ACLEA and the International Bar Associ- training courses were likely to be better ation in Washington, D.C., on July 3, 1985. vehicles than apprenticeships. The report recommended a model for such courses. This is a special occasion when educators At that time, the New Jersey Institute for involved in our field convene for an inter- the chronological emergence of new CLE was presenting a five-week bar national conference. The first such con- practical training courses; the other is the admission course and the University of ference that I am aware of met in 1976 in incremental change in the substance of Wisconsin was offering a ten-week one. I Sydney at the College of Law in St. them. I will develop both themes simul- left private practice in 1967 to convert the Leonards. Delegates from nine countries taneously. Wisconsin course to the ALI-ABA model. joined the Australians. By that time, I In 1957 at Osgoode Hall in Toronto, ACLEA, at this organization's annual had spent seven years learning to teach the Law Society of Upper Canada meeting in 1968, adopted a resolution skills through trial and error, but I'd had adopted a new requirement for admis- endorsing "a comprehensive skills train- only one opportunity to exchange experi- sion to practice in Ontario. It added a six- ing course as a condition for admission ences with a fellow instructor. In 1975 month training course onto its usual pre- to the bar." Rosemary Balmford, Director of Mel- requisite of a twelve-month clerkship. Up to this point, in the late 1960's, the bourne's Leo Cussen Institute made a The course proved to be the seminal pro- courses at Osgoode Hall, New Jersey, and visit to Madison. We talked shop for a gram of the practical training movement. Wisconsin were teaching about tasks not couple of days and among the things I It influenced the worldwide development skills. They focused upon the informa- learned from her was that skills training of similar programs. tion necessary for processing matters, would be part of the agenda at the Syd- At the time Ontario's course began, such as probating estates, organizing cor- ney conference. That event proved to be legal educators in the United States porations, and handling divorces, not most stimulating. Participants heard sought ways to bridge-the-gap between upon skills like interviewing, writing, thoughtful affirmations of the importance our law schools and law offices. TWo and negotiating. They operated in large of skills teaching, and I was reassured to national conferences, Arden House I in class formats and used lectures and Dan- find that problems I had been unable to els as teaching methods. L solve were confounding others, too. Then in the late 1960's and the early International sessions on skills 1970's, major changes in course content instruction can be particularly fruitful International sessions on skills and teaching methods occurred at Wis- because the subject knows no national instruction can be particularly consin, and in the Australian courses. All boundaries. Techniques, such as negotia- added skills instruction to their curricula, tions, seem to be much the same the fruitful because the subject knows switched to a small class format, and uti- world over. Skills are nonjurisdictional, no national boundaries. lized different teaching methods. Courses I've chosen to view the evolution in which had considerable chunks of sub- this field from two perspectives: one is stantive law in them continued to teach 10 those segments to large classes through tion. In 1977, the Irish introduced the lectures and panels and broke into small sandwich mode of instruction in the first groups for skills instruction. Others Dublin model. They blended the class- Their course has special signifi- which presented very little substantive room with the law office by alternating law moved almost exclusively into a students between the two in a series of cance to us in the United States small class mode. For example, at the sessions. Their course has special signifi- for another reason: It is funded Wisconsin Law School, we retained only cance to us in the United States for six hours of lecture-method out of 250 another reason: It is funded exclusively exclusively from tuition and law hours of instruction. We began to teach from tuition and law society dues. I will society dues. skills pervasively along with our instruc- return to that point in a moment. tion in tasks and used a single cycle of Consistent with the edict of the 1972 teaching methods for both: discussion, Ormrod Report, England and Wales meeting's agenda, and a number of back- demonstrations by teaching teams, per- started separate courses for barristers ground papers, to extensive transition formances by students, and critique. I and solicitors in 1979. Scotland presented learned when I visited with the Austra- its first in 1980 and chose to start with courses. Then in 1983-84, it surveyed the lians at the Sydney Conference, that all the sandwich mode. In South Africa, the status of bridge-the-gap training in this of us had made our modifications more comprehensive Sampson Report in 1977 country. It learned that the average or less simultaneously even though we recommended revisions in the entire length of 31 programs was three days; the had not been in contact with one another. scheme of that country's legal education longest one ran only the equivalent of The good news is that overseas those and, in part, urged that the system of one week; 90% of the instruction was by small group teaching methods proved articles be phased out and replaced by lectures and panels; and none of the over time to substantially enhance the practical training schools. In 1981,four courses taught skills. quality of skills instruction. The bad such schools opened at Johannesburg, For CLE audiences, in contrast to law news is that in the United States their Bloemfontein, Cape Town, and Durban. student ones, the forerunner in skills comparatively high cost turned out, in Over this entire period, from the six- instruction in our country was the my opinion, to be a major deterrent to ties into the early eighties, the number of National Institute for Trial Advocacy our adoption of six-month training Canadian courses expanded to nine with (NITA).In 1969it began presenting 150- courses. the advent of ones in Alberta, British hour trial skills courses featuring low In 1974, the Law Society of New South Columbia, Manitoba, New Brunswick, teacher-student ratios and using role Wales made the next advancement. It Newfoundland, Nova Scotia, Quebec, playing as the principal teaching method. showed how the physical setting for and Saskatchewan. The Far East institu- NITA's work led to similar offerings by small group instruction could be ted courses in Hong Kong and Singapore. the Court Practise Institute, American improved. It constructed the first build- In the United States, we took a differ- Trial Lawyers Association, and the Prac- ing designed for a curriculum which ent path. The format of a six-month, 900- tising Law Institute. Then NITA and the emphasized skills instruction. It's new hour, in-depth course has never taken ABA formed a consortium to make the College of Law had 58 law office rooms hold here, though the ALI-ABACommit- NITA model available to lawyers through and 7 courtrooms, and its program used tee on Professional Education has done the state CLE organizations. In the late all of them for one class of up to 300 an admirable job of keeping the need 1970's, the ABAalso developed a series students. before us. In 1981,under the leadership of small group offerings in negotiations. The two Irish courses came upon the of this meeting's keynote speaker, Dean Essentially, it seems to me, CLE in this scene in the middle 1970's. First, was the Mike Kelly,it presented the Houston country packages task and skills offerings one at Belfast. However, we are indebted Conference on Enhancing the Compe- separately, in relatively brief courses, to Dublin's program for the next innova- tency of Lawyers and devoted half of that 11 and organizes them by subject matter most of the practical training courses another. Many of us applaud their work designed to serve discreet segments of around the world are funded, in part, in not only because of its educational value the CLE market. I believe the reason we that fashion. In this country, we have but also because it dramatically dispels follow a different route from our col- encountered thoughtful opposition to the notion that only solo practitioners leagues in other countries is primarily, if doing anything with interest on trust need practical training instruction. Third, not exclusively, financial. Here, like in accounts other than paying it to clients. California added a skills component to its Ireland, we have no government funding Only a few states have allocated such bar examination on an experimental for post-university legal education. Full interest to public purposes. I believe that basis. Fourth, some law schools offer an scale practical training courses would none of those set aside any for skills educational program that combines a have to be self-supporting-meaning instruction or for practical training classroom course teaching skills through funded almost entirely through tuition programs. simulation with a clinical experience and bar association dues. Students would applying them in the courts in real cases; have to pay tuition, furnish their living the same instructors teach both seg- expenses, and forego six months of earn- Even though the United States has ments. You will recognize that approach ings to take the courses. The tuition as being somewhat akin to the sand- would be substantial because of the rela- not chosen to present skill courses wich mode. tively high cost of small group teaching of the same kind as those in other The most recent international develop- methods. Also, legal education here ment may, in time, prove to be one of the already takes seven years, and I think we countries, we have made several most important contributions of all. In are reluctant to add any program which contributions to the skills training 1983, the College of Law at Sydney began would lengthen it. Finally, we would publishing a journal for readers involved have to train over 30,000 new lawyers movement. in continuing education and practical every year. The cost of space to educate legal training. That journal gives an inter- that many is a significant deterrent when national profession an inexpensive way one remembers that Sydney uses a five Even though the United States has not to learn of new developments. I trust, story building, which occupies a city chosen to present skill courses of the however, it will not become such an block, for only 1% of that number. same kind as those in other countries, we effective communication vehicle that it In the United States, we are struggling have made several contributions to the replaces these conferences. with the proposition of using interest skills training movement. First, in 1976, That brings us up to date, at least from from lawyers trust accounts (IOLTA)as ALI-ABApublished a book on the Wis- my perception of the elephant. But look- a funding vehicle. The fertile minds of consin course which helped some coun- ing back, I doubt the members of the Ontario's lawyers first conceived the idea tries plan their models. Second, in the Law Society of Upper Canada ever imag- that these funds might serve practical 1980's, Joel Henning in the United States, ined in 1957that their decision to inaugu- training. They prevailed upon their par- and Paul Cooper and Christopher Roper rate an in-depth training course would liament to legislate that about one-third in Australia, designed in-house courses spawn 27 more of them throughout of trust account interest income should for large law firms in which the members the world. support their bar admission course. Now, of a firm teach practical training to one 12

A Visit with the Doyies Paul Reidinger, /85

In 1985 the Law School received a gener- ous gift: an endowed Professorship, anony- mously funded, but named in honor of Ruth and james Doyle of Madison. Ruth Doyle is a former state Assemblywoman and Dane County Supervisor; she also worked in the Law School for ten years from 1969 to 1979, as Assistant to the Dean and Financial Aids Officer. james Doyle is Senior District judge for the US District Court for the Western District of Wisconsin. Both are natives of Wisconsin and graduates of the University of Wisconsin-Madison. The Professorship that bears their name was recently awarded by Chancellor Irving Shain to Neil K. Komesar, a member of the U W Law School faculty since 1971. In addition to the prestige of having a Profes- sorship in the name of the Doyles, the recipi- ent will receive yearly a designated amount of the income from the $125, 000 gift to use on scholarly and teaching projects. Doyle's, face to face, are bright, alert, Whatever brought them back, there is inquisitive. She is curious about what no question that their return to Wiscon- I visited the Doyles on a bleak, unsea- goes on around her; the eyes announce sin has been a great benefit to the state. sonably cold winter day. Their home is that right away. Their careers here have largely been pub- modest and unassuming, filled not with The judge is recovering from surgery lic ones, and they have made a point, it expensive technology and imported furni- on his mouth and speaks slowly and care- seems, of giving themselves to public ture but with books and pictures-arti- fully so that I can understand him. If service. facts of a long and interesting life spent there is a problem, Mrs. Doyle sets me "I'rn a politician:' says Mrs. Doyle together. straight. I am curious why in 1947they simply, and the list of her activities over The Doyles met as undergraduates in returned to live in Wisconsin having the past forty years bears her out. Apart Madison in the mid-1930's. After they spent almost ten successful years in the from two brief stints teaching high graduated-both took degrees in his- East. After leaving Columbia and New school-in Lake Mills, 1939-40, and in tory-they went off to Columbia Univer- York,the Doyles moved to Washington, Oregon, 1957-59-she has served in the sity in New York City, where he attended D.C. in 1940, where he worked in the Assembly, on the Dane County Board of law school and she earned a master's Department of Justice and clerked for Supervisors, and on the Madison Board degree in history and education. They Justice Byrnes of the U.S. Supreme of Education. Although a few of her cam- were married in 1940. Court. During the war, Mrs. Doyle paigns have been unsuccessful, Mrs. Mrs. Doyle is a petite woman with worked in a battery factory while the Doyle's political career is evidence not reddish-blonde hair. She looks little dif- judge served in the Naval Reserve. When only of her skill and appeal as a candi- ferent from the way she did in news- the war ended, they spent one more year date for public office, but also of her paper photographs of her taken 35 years in Washington-the judge worked as determination to prove the point that ago, when she represented Madison in Assistant to the Counselor in the State women are equal. the Assembly, or thirty years ago, when Department-before coming home. What The judge's career seems, on paper at she was a member of the Dane County drew them? least, more serene. He too, however, has Board of Supervisors. One difference I "Welike it here:' says the judge with been politically active. Along with Gay- notice between the person and the pic- a small smile. lord Nelson, John Reynolds and a few tures of her (I have been glancing "We missed pine trees and lakes:' others, the judge is credited with build- through the clippings) is in her eyes: Mrs. she adds. ing the modern Democratic Party in Wis- 13

consin. After seventeen years of private test over Dow Chemical's interviewing uproar did not prevent Judge Doyle from practice in Madison-during which he students on the UW campus, the judge deciding subsequent hard cases as he also taught classes at the Law School in held that the University's rules for disci- thought they ought to be decided, nor contracts, conflicts, property and domes- plining students were unconstitutionally upset the equanimous tone of his tic relations-Doyle was appointed to the broad and vague. In Groppi v. Lesley, he opinions. federal bench in 1965by President Lyn- granted habeas corpus to Father James I wonder aloud what the Doyles think don Johnson. There he has been ever Groppi, who, after leading a protest in of Madison, of the University, after all since: as District Judge, as Chief Judge the State Legislature, was cited for con- these years. There is no hesitation as they from 1978to 1980, and as Senior District tempt and summarily imprisoned. The both tell me how much they love the Judge since 1980. Supreme Court of Wisconsin had voted School, the City, how much it has meant But, in fact, things haven't been all unanimously to keep Groppi in jail. to them to be here. that quiet in Judge Doyle's court. In the Judge Doyle ordered him released. His No further elaboration seems neces- late 1960's and early 1970's particularly, a decision was reversed by the Court of sary. The Judge must be off to court; he time of considerable unrest around the Appeals for the Seventh Circuit but rein- finds me my coat and tells me to feel free country and in Madison, brought some stated by the U.S. Supreme Court, Chief to call if I want to talk some more. I momentous (and therefore difficult) cases Justice Burger writing a unanimous opin- thank Mrs. Doyle and she tells me the before Judge Doyle. In Soglin v. Kauff- ion. These decisions, and many others, same thing. As I walk out the front door man, a case that arose out of student pro- split an uncertain community, but the I see the Judge driving off in his Escort.

otes on Alums

Newell Lamb ('351has retired from the The Greater La Crosse Area Chamber of He is survived by two children, Newton, Ill., County Circuit Court after Commerce presented Terry Gillette ('64) Patrick F.and Patricia Ann Wickhem, 42 years of continuous service. Newell with their 1986President's Award. Terry and three grandchildren. decided to step down from his judgeship is credited with taking the La Crosse Gar- and not file for the Republican primary ment Manufacturing Co. out of bank- Ted Harris ('56) died March 28 at his for the first time since 1944. ruptcy proceedings and turning it into home in Caledonia, Wis. He was 60. The Country Store, a successful mail Ted received the Caretta S. King Gaylord Nelson ('421.governor of Wis- order marketer. award for his services in civil rights. He consin and U.S. Senator for 18years, was a Golden Heritage member of the received an Honorary Doctor of Law in Obituaries National Association for the Advance- May. Nelson is currently counselor of the ment of Colored People, and a member Wilderness Society. Frank Wickhem ('27). retired California of the Wisconsin State Bar Association. Superior Court Judge, died May 21. He Ted is survived by his wife Nancy; a William F. Dolson ('56) has been named was 85. son, Brian; and his mother, Erma. Associate Dean at the University of Lou- Frank was appointed to the Superior isville School of Law. Court by Gov. Edmund G. "Pat" Brown in 1964. He served in the Pasadena Robert L. Habush ('61)has been elected branch of the court until retirement president of the Association of Trial Law- in 1976. yers of America. 13

otes on Alums

Faculty Briefs

Professor Ken Davis was selected by the Seven New Endowed Chairs third year class as the Faculty Speaker for the Student Bar Reception on May 16th. The Regents of the University of Wiscon- The Reception is part of the Law School's sin appointed seven members of the Law graduation weekend. Prof. Davis is also Faculty to honorary chairs at their April taking part in the State Bar of Wiscon- 1986 meeting. sin's study and rewriting of the statutes Apart from singling out these individ- on corporations. uals for their distinguished academic Professor Martha Fineman will chair achievements, the appointments provide, the Institute for Legal Studies Conference for a period of five years, annual auxil- on Feminism and Legal Theory sched- iary funding which may be used for uled for July 14-19 at the UW Law scholarly activities. School. The recipients and appointments each Vicki Schultz has accepted an offer received are: to join the faculty beginning in July. Ms. W. Lawrence Church and Charles R. Schultz is a graduate of the University of Irish, Sherwood R. Volkman-Bascom Texas (BA,1977)and Harvard Law School Distinguished Teaching Professor in Law. (JD, cum laude, 1981).For the past three William H. Clune, William Voss- years she has been a trial attorney for the Bascom Professor in Law. US Department of Justice, Civil Rights Division. After graduation from law Stuart G. Gullickson, Robert L. school, Ms. Schultz clerked for two fed- Habush-Bascom Professor in Law. eral District Court judges in Boston. Neil K. Komesar, James E. and Ruth B. Professor Charles Irish has received Doyle-Bascom Professor in Law. the first annual WLAA Teacher of the William C. Whitford, George H. Year Award from the Wisconsin Law Young-Bascom Professor in Law. Alumni Association. The award was insti- Zigurds L. Zile, Foley and Lardner- tuted to recognize excellence in class- Bascom Professor in Law. room teaching. Professor Irish teaches in the taxation area. 15

Editor's Note

Recently the Class of 1986walked across which should pay all his expenses there. time. The operation later became a the stage in the Field House, shook hands He will begin studying international law "book" and a "show-and-tell" to Ms. with the Dean and the Chancellor and at Yalethis fall. Keith's kindergarten class at Crestwood began their legal careers. There were cer- Those of us who knew and worked School. tainly many stories of sacrifice, hard with Patrick would never expect him to work and ultimate triumph, but few will seek publicity for his accomplishments. •• • • approach that of Patrick Kwanashie. Nor would his special friends expect pub- Volume 16, number 4, has only recently Patrick, you see, walked across the stage lic thanks for their efforts. Nevertheless, gone out, but several of our readers have with the help of his faithful guide dog. it was a proud moment for many in the already identified the "mystery picture:' He is not our first blind graduate. In fact, Law School family when Patrick Kwana- The group included, left to right, Theo- Patrick shared an office in the Law shie became an alumnus. dore Toebaas ('52), his father Oscar Toe- School with two other blind students baas ('121, and Dean Oliver Rundell. The (and another guide dog), both of whom •••••• person shaking Dean Rundell's hand has graduated ahead of Patrick. Shortly after For those of you who follow such things, been tentatively identified as Sam Morris arriving here to study law, a coup toppled the Law School Duck once again hatched ('52). The occasion was, as we expected, the govenment in his home country, her brood in our Courtyard. And, once bar admission. While others are sure to Nigeria. The new government placed again, yours truly, in my capacity as write with their guesses, thanks for assis- tight controls on travel and the transfer Building Manager, had the responsibility tance in the identification to: Norm of funds out of the country. Patrick now of gathering up the ducklings, chasing Anderson, Thomas Anich, John Best, Phil faced the additional disability of having the mother into the air, then reuniting Habermann, Maurice Pasch and Walter no money and, because he was not a citi- the family outside the courtyard on Bas- Raushenbush. zen, not being eligilble for any normal com Hill. My belief that the same duck In this issue, the "mystery" picture loan money. returns year after year has been dates from about 1970-75, and shows a One thing Patrick did have were strengthed by the fact that the mother group of students at the SEA Bookmart. friends. Quietly they began to help him takes the whole operation quite calmly. From the sign over the door and the in his quest for a law degree. One special My own two "ducklings," aged 3 and 5, clothing, my guess is that this was during friend was Dan Peterson, one of our were interested observers for the first fall registration. Who is shown? part-time law students. Patrick became another part-time occupation of Dan's, in addition to a full time job on campus. Dan and many other students conducted fund raisers, arranged for volunters to read casebooks, found housing for Patrick and his dog, and helped in many other less obvious ways. Dan met with the Alumni Association Board of Direc- tors at most of their meetings for two years, keeping them aware of Patrick and preparing for the day when student- raised funds would run out. Finally, WLAA stepped in with funds from an account earmarked for assistance to for- eign students. Patrick graduated with the other members of his entering class. To keep up, he attended two summer sessions in addition to six regular semesters. Shortly before graduation, Patrick learned that he had not only been accepted into an LL.M. program at Yale Law School, but had also been awarded a fellowship Become Involved in Your Law School

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