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Summer 2011

Maine Law Magazine - Issue No. 87

University of Maine School of Law

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Spotlight on ENVIRONMENTAL Professors Dave Owen LAW and Sarah Schindler

Inside Race and Law International Reach Judge Frank Coffin

the University of Maine School of Law SUMMER 2011 FROM THE DEAN

A center of excellence and a force for justice

Dear Friends, preparing our students for a wider range of careers in multiple arenas and expanding our institutional role in informing public policy, con- dward S. Godfrey, founding dean of the modern University of tributing to economic development and promoting justice. Maine School of Law, predicted in 1965, “The future of the Eschool looks bright . . . . [I]t should become a powerful force Faculty excellence and impact for good in the life of the state.” He wrote further that the school was The cover story for this issue of Maine Law Magazine reflects this designed not just to provide a sound legal education, “. . . but also to vibrant vision of today’s University of Maine School of Law. Professors contribute the benefits of scholarly research to the university world, Dave Owen and Sarah Schindler are in the eye of the storm of envi- agencies of government, and the community in general.” ronmental sustainability. Their teaching and research in environmental, I am pleased to report that, almost 50 years later, Maine Law has property, administrative, land use, and natural resources law have a di- realized Dean Godfrey’s vision and more. rect and constructive impact in addressing Maine’s challenges, while in- forming policy on a national stage. The arc of history This robust combination of The University of Maine academic excellence and practical School of Law has come a long application to societal needs reso- way over the past century. It was nates throughout the Law School founded initially as the University community. In these pages, you of Maine School of Law in Bangor will read about Clinical Professor in 1898 when only 45 other law Christopher Northrop and our Ju- schools existed in the U.S., and venile Justice Program, which plays was followed by a series of suc- a leadership role in improving the cessor institutions until its merger juvenile justice system in Maine with the University of Maine and gave rise to the Law School’s System in 1970. Maine Law has designation as the New England Ju- emerged today as a nationally rec- venile Defender Center; Professor ognized institution competing ef- Lois Lupica’s timely national study fectively with more than 200 other of the impact of bankruptcy law in law schools nationwide. this era of foreclosures; a cutting The 1964 entering class of 22 edge new book by Professor Jenni- students came from seven states fer Wriggins on the intersection of and 12 different colleges. The race and torts; and work around the 2010 entering class of 95 students world by Professors David Cluchey, came from 20 states and 60 differ- Martin Rogoff and Charles Norchi, ent colleges, joined by exchange connecting the Law School and our students from overseas. Applica- Marine Law Institute to collabora- tions to the Law School increased tions in France, Russia and Hong in 2010 by more than 60 percent Kong. In a record year for faculty from the previous year, com- scholarship, our professors have pared with a 7.4 percent increase published five books this year, in in applications to all law schools addition to numerous articles and nationwide. Consistent with na- presentations, as described in the tional trends, applications in 2011 faculty accomplishments section of decreased modestly from last year’s this magazine. high, but the Law School continues apace in attracting strong appli- We are pleased to welcome Malick Ghachem (JD Harvard, PhD cants from near and far. Stanford), who joined our faculty in September, 2010. Prof. Ghachem The Princeton Review rated our Law School among the top five practiced law in Boston from 2005 to 2010 in criminal defense, em- nationally this year as most welcoming to older students, and preLaw ployment discrimination, and commercial litigation, and served as a magazine placed us among the 40 best law schools nationally for pub- lecturer in political science at the Massachusetts Institute of Technol- lic interest. As the legal profession experiences rapid change, we are ogy. We were joined as well for the fall 2010 semester by Dr. Laura Un-

2 MAINE LAW MAGAZINE SPRING 2011 derkuffler, the J. DuPratt White Professor of Law at Cornell Univer- cated to the Judge’s legacy, and the Maine Law Library is working sity Law School and an expert in property law and theory. Appointed collaboratively with others to publish a treasure trove of Judge Coffin’s as the Edward S. Godfrey Distinguished Visiting Professor, Professor public speeches. Although we mourn the loss of a dear friend, we also Underkuffler continued her multi-year run as serial visitor at Maine celebrate Judge Coffin’s amazing life and keep moving ahead with en- Law and a wonderful mentor to students and faculty colleagues. ergy and optimism, as he certainly would have us do. As a public law school, we take our service mission seriously, and Stellar students and career challenges our students play a central role. An ethic of public service is perva- Our students continue to step up as civic leaders whose public sive. Students and faculty in the Cumberland Legal Aid Clinic make service makes a tremendous difference in Maine and beyond. Ryan a huge difference in people’s lives, while the Maine Patent Program Royce (’11) was recently accepted into the highly competitive U.S. and Intellectual Property Clinic together assist inventors, facilitate Department of Justice Honors Program. Morgan Maxwell (’10) is technology transfer, and contribute to state research and development a U.S. Presidential Management Fellow, a two-year paid fellowship policies. At a time of turmoil in financial markets and regulation, our sponsored by the U.S. Office of Personnel Management. Andrew Governance and Ethics Symposium Series at the Law School engages Clearwater (’09) was appointed as our inaugural Law & Innovation national experts and regional leaders from the private sector and the Fellow, after receiving his LLM in Global Law and Technology at Suf- nonprofit community. With generous support from attorney and civic folk University Law School and completing his work as a research as- leader Catherine Lee, we have established the International Justice for sistant at Harvard’s Berkman Center for Internet and Society. Women Lecture Series, an endowed program that will bring speak- In April 2010, we honored former Maine Chief Justice Vincent ers to Maine annually to discuss good work and strategies to benefit McKusick and celebrated the launch of the McKusick Diversity Fel- women and girls in the developing world. lowship, with two fellowships awarded thus far. Our first two Mc- Our extended Maine Law community keeps us engaged and looking Kusick Fellows—Justin Costa (2L) and Danielle Cardona (1L)—are ahead. The Honorable Leigh Saufley (’79), Chief Justice of the Maine student leaders with a commitment to building on Maine Law’s prog- Supreme Judicial Court, shares some personal thoughts in her interview ress in diversity. Our enrollment of minority students has increased for this magazine. As part of a continuing series, we place a spotlight dramatically in the past few years, reinforced by our faculty and stu- on several of our alumni in a selected area of practice. For this issue, dent exchange program with Howard University Law School. The Law School aspires to be a model for Maine at a time In the midst of financial challenge and uncertainty of dramatic demographic change. The economic downturn and changes in higher education, the state of the Law School is in the legal profession present a challeng- strong and our trajectory is exciting. ing job picture for our students. Our Placement Task Force is addressing this issue and developing strategies to support our students and recent graduates. Our Board of Visitors has joined this in sports and entertainment, they are Gary Thorne (’73), Paul Greene effort through its placement working group. With philanthropic sup- (’07), Matt Lane (’09), John W. Bride (’64), and Peter Carlisle (’94). port from friends and alumni, we offer a summer fellowship program The University of Maine School of Law Foundation, together with for students working in the public interest. Our wide-ranging extern- our Board of Visitors, is stepping up efforts in seeking long-term fi- ship program places students in a range of work settings for credit and nance and major gifts to support our students and enable us to achieve formative outreach. our vision. The Alumni Association continues its active participation The Law School’s institutional relationships, such as our evolving in the Annual Fund, so central to our current operation in supporting relationship with the U.S. Patent and Trademark Office (USPTO), give student scholarships, summer fellowships, faculty research, and disting- rise to networking support for our students and recent graduates in uished visitors. We extend our sincere thanks to so many alumni and launching their legal careers, as described in this issue by two Maine friends for your consistent and generous support. Law student interns at the USPTO. With support from David Kap- We are advancing steadily toward our goal of an even greater Uni- pos, USPTO Director and U.S. Undersecretary of Commerce, the versity of Maine School of Law—a center of intellectual excellence, Law School is working with the agency on pilot programs that will a top-notch teaching and research institution, a pivotal player in enhance our recruitment, job placement, and educational program. We Maine’s economic development and public policy, a destination point are broadening our curriculum and encouraging our students to use for students and faculty from around the state and around the world, their law school education as a springboard to a wide array of work op- and an engine for justice. In the midst of financial challenge and un- portunities in law, government, business and the nonprofit community. certainty in higher education, the state of the Law School is strong and our trajectory is exciting. Looking ahead We marked the passing last year of Judge Frank M. Coffin, a re- I hope you enjoy this issue of Maine Law Magazine. markable man who leaves an inspiring legacy to the lawyers of tomor- row. In this issue are warm and thoughtful reflections from Jeffrey Lehman, Chancellor and Dean of the Peking University School of Transnational Law in Shenzhen, China, and a former clerk for Judge Peter Pitegoff Coffin. TheMaine Law Review has published a symposium issue dedi- Dean, University of Maine School of Law

MAINE LAW MAGAZINE SPRING 2011 3 Maine Law Magazine CONTENTS Summer 2011 Dean Peter Pitegoff Magazine committee Elena Brandt Christopher Knott Peter Pitegoff Jennifer Wriggins Managing editor Elena Brandt 12 20 22 Editor/design Peter Weed FEATURES Copy editing J. Julie Welch Remembering Judge Coffin The ways of an ideal judge. Photography (including cover) 6 René Minnis Environmental Law Special thanks Professors Owen & Schindler tackle real-world problems. Michelene Decrow 12 Jack Montgomery Alexandra Moras Going Global N. Joel Moser 17 Maine Law increases its international reach. Barbara Riegelhaupt Published by Bankruptcy Law The University of Maine 20 Professor Lupica looks at the costs of bankruptcy law. School of Law 246 Deering Ave.,Portland, Maine, Race and Law 04102-2898 22 Professor Jennifer Wriggins discusses her new book. (207) 780-4355 [email protected] Juvenile Justice www.mainelaw.maine.edu 24 The Juvenile Justice Clinic offers work that matters.

Copyright © 2011, University of Maine School of Law. All rights reserved. DEPARTMENTS The University of Maine School of Law 0 does not discriminate on the grounds of race, color, religion, gender, sexual ori- 2 From the Dean entation, national origin, age, disability or veteran status in employment, education, and all other areas of the Law School, and 5 Opening Arguments: Chief Justice Saufley it provides reasonable accommodations to qualified individuals with disabilities Exploring a career in patents upon request. For questions and com- 8 Student Spotlight: plaints about discrimination in the Law School, contact the Executive Director, Of- 9 Alumni Focus: Entertainment & Sports fice of Campus Diversity and Equity, Uni- versity of Southern Maine 207-780-5094. TTY 207-780-5646. 10 News & Events

26 Faculty Accomplishments

29 Philanthropy Report

4 MAINE LAW MAGAZINE SUMMER 2011 The Honorable Leigh Saufley is Chief Justice of the Maine Supreme Judicial Court. After graduating in 1980 from the University of Maine School of Law, Chief Justice Saufley served as deputy attorney general, Maine District Court Judge, and then Justice. She was appointed as an Associate Justice of the Supreme Judicial Court in 1997 and as Chief Justice in 2001.

What aspects of the job do you enjoy the most? As an appellate justice, nothing compares with an intense oral argument followed by lively discussion with my colleagues. As an administrator, I find it most rewarding to work across branches of government and within communities to solve problems.

How do you balance your administrative and Judicial Branch responsibilities with your role as an appellate justice? Balance is overrated! Like many of my colleagues, I work long hours, and I enjoy almost every minute of it. Because administrative responsibilities demand my time during regular courthouse hours, I do much of the reading and writing for the appellate work at night and on weekends.

What is one thing you learned when taking the Law Court on the road to Maine high schools Opening Arguments: and, occasionally, middle schools? The students’ interests are not confined to sensational cases; students have had lively Chief Justice Leigh Saufley discussions on issues of land use, the common law of torts, and even administrative law.

Who has been your greatest inspiration? My parents, Jan and Dick Ingalls. They modeled for my brothers and me the importance of hard work and commitment to community. They remain involved in local business, community, and government, and they still manage to put family first. I have always said that I was brilliant in my choice of parents.

Finish this sentence: You wouldn’t catch me dead without . . . Diet Mountain Dew . . . and an ability to laugh. Laughter keeps us from negativity, binds us together, and makes even the toughest days bearable. REMEMBERING JUDGE COFFIN

The Ways of an Ideal Judge

{Story by Jeffrey S. Lehman/Photo by Jack Montgomery}

o have served as one of Frank Cof- fin’s law clerks is to have received the finest imaginable apprenticeship. TFor an entire year, my co-clerks and I were his students, helping him do his work and all the while absorbing life-changing lessons from his example. Here are six attributes of Judge Coffin that penetrated deeply into my consciousness, so deeply that I was moved to share them with a group of Chinese law stu- dents the week after he passed away.

PERFECTIONISM. Judge Coffin want- ed every bit of work he produced to be his best. He dreaded deciding a case wrongly, writing a bad opinion, even writing a bad sentence in a good opinion. Some perfectionists aggressively impose this value on others, but Judge Coffin fol- lowed a different tack: Whenever we law clerks produced inadequate work, he acted as if we had tried our best but had come up short because we were incapable of better. He would always praise our effort. Then he would gently ask a question that laid bare our failings, prompting us to revise our work voluntarily. When we were beyond that stage, he would in the privacy of his chambers un- dertake a painstaking edit, in an immaculate if tiny hand. The technique was a remarkable motiva- tor. We did not want him to think that we lacked ability; we wanted him to think that we were great. Accordingly, we raised our level of profes- sional care in order to increase the likelihood that he would conclude both that we were talented and that we shared his standards of quality.

Hard Work: Judge Coffin stayed up late at night, and he woke up early in the morn- ing. He did whatever he needed to ensure that his work was perfect. As was the case with his perfectionism,

6 MAINE LAW MAGAZINE SUMMER 2011 A Life in Law

he Honorable Frank M. Cof- Tfin, a distinguished member “Perhaps the greatest measure of the man is that our of the United States judiciary, passed away in December, 2009. sense of wonder and appreciation has grown ever Judge Coffin was a role model to deeper with the passage of time.” so many and a committed friend – Jeffrey S. Lehman of the University of Maine School of Law. His wisdom and intel- ligence, his commitment to social justice and public service, his Judge Coffin never told us to work hard. said—especially those who seemed to be liv- kindness and wit, his personal Quite the contrary: he told us that we were ing more challenging lives. He was deeply warmth—we remember and his guests for the year in Maine and we should concerned that the justice system might not aspire to all these attributes. take time to explore and enjoy its many de- hear the poor as clearly as it hears the rich, Judge Coffin was appointed lights. And once again, we each chose to in- and he did his best to guard against that bias to the U.S. Court of Appeals by crease our level of work effort, as we came to in his personal as well as his professional life. President Lyndon B. Johnson in emulate the Judge’s sense of duty to our work. Every Coffin clerk was touched by this as- 1965, and served as Chief Judge pect of our mentor. He taught us that listen- from 1972 to 1983. He assumed Language: Judge Coffin loved words. ing—real listening—requires concentration senior status in 1989 and retired Funny words, strange words—he loved find- and effort, but repays those investments many from the bench in 2006. His ing the perfect word to capture his ideas. He times over. And by his example he inspired commitment to public service read widely, and it delighted him whenever an us to commit some portion of our energies to spanned a wide-ranging career, author offered up a new word to incorporate making the world a little more just towards including roles as a member of into his repertoire. those less fortunate than we. Congress, Deputy Administrator We all loved the way the Judge wrote. We of the Agency for International did our best to learn to write like him. We Fun: Judge Coffin loved to laugh. He Development, Chair of the Com- sought out les mots justes to express our (or thought life was funny and people were silly. mittee of the Judicial Branch for his) thoughts. And we came to see the value of He believed that the importance and serious- the U.S. Judicial Conference, taking pains to write in ways that our readers ness of his work did not require him to take and an active member of the Uni- would enjoy reading. himself too seriously. versity of Maine School of Law And so we took up the Judge’s invitation Board of Visitors. People: Judge Coffin believed that all to play jokes on each other, and on him. We people are important, and he believed that played ridiculous games at his home. And We are honored here to sometimes important people are less impor- we came to appreciate how unbecoming the publish reflections from Jeffrey tant than ordinary people. He was profoundly quality of self-importance really is. S. Lehman, who served as clerk interested in what other people thought and to Judge Coffin in 1981. Lehman Breadth: Judge Coffin developed all dif- currently is Chancellor and Dean ferent aspects of himself. He was not only a of the Peking University School of great thinker, a great judge, and a great writer, Transnational Law in Shenzhen, but he was also a great painter and a great China. After clerking for Judge sculptor. Coffin, he clerked for former Alas, artistic talent cannot simply be emu- Associate Justice John Paul Ste- lated. Concerning this quality, some of us had vens of the U.S. Supreme Court to draw a different lesson. Even if we could and then practiced law in Wash- not create art ourselves, we came to value that ington, D.C. He joined the faculty talent in others and to want to make space in of the University of Michigan in our lives to appreciate it when we saw it. 1987 and was named Dean of To have spent a year as Judge Coffin’s Michigan Law in 1994. In 2002, law clerk is to have received a priceless gift. he became the 11th president of Throughout the year, we marveled daily at Cornell University. how much we were learning. But perhaps the – Peter Pitegoff, greatest measure of the man is that our sense Judge Coffin excelled as a painter and Maine Law Dean sculptor. (Photo courtesy of of wonder and appreciation has grown ever Barbara Riegelhaupt) deeper with the passage of time.

MAINE LAW MAGAZINE SUMMER 2011 7 STUDENT SPOTLIGHT

Exploring a Career in Patents

{By Kate Kolosowski-Gager (‘12) and Jennifer Hess Tichy (’12) / Photo by René Minnis}

e started at the Intellectual Property Clinic as soon as pos- the agency in Alexandria, Va., and interview for spring or summer sible after our 1L year. We both had a particular interest in externships. Wthe area, the requisite backgrounds (science degrees), and Suddenly a combination of finding a contact person for the intern we were both eager for some hands-on experience after surviving our program and JetBlue offering inexpensive flights created an opportu- first year of law school. nity for us to plan a visit to The school’s partici- the agency. Jennifer Hess Tichy (left) and pation in the U.S. Patent We learned that work- Kate Kolosowski-Gager, and Trademark Office’s ing for the USPTO has ex- Maine Law students. Pilot Program provided cellent perks. Upon being us with a unique oppor- hired, all examiners attend tunity to become limited- the Patent Academy for four representation agents with months to learn how to use the USPTO office for both the USPTO’s unique search patent and trademark cases. programs. We were able to complete After this training, ex- prior art searches, draft pro- aminers go to work with visional patents, respond to their respective art units. office actions, search and The USPTO uses a flex- file trademarks, and man- time system, in which ex- age our own files with su- aminers are not required to pervision from Prof. Rita be in the office 9-5, Mon- Heimes and Prof. Leonard day to Friday, but instead Agneta. must log a certain number Toward the end of the of hours, and meet certain summer, we both became production goals over a interested in interning with two-week period. the USPTO. We were able At the one-year mark, to find an outdated posting examiners are no longer on for a since-discontinued probation, and can begin intern program, but that to telecommute from home was it. For the next two one day per week. After months, we sent a barrage more training, examiners of emails and spent at least are given the option of relo- two hours in the USPTO cating anywhere they want, phone tree. and telecommuting from In October, USPTO home. Director and Undersecre- Both of us obtained tary of Commerce David Kappos visited the law school and spent the spring externships that we were able to convert into summer ex- entire day meeting with students, faculty and members of the pub- ternships that started in June of this year. lic. Upon his return to Washington, the Intellectual Property Clinic The agency is hiring up to 1,000 patent examiners over the started getting emails from people at the USPTO eager to help us tour next few years, and we both intend to join the agency, if we can. ALUMNI SPOTLIGHT

In each issue of Maine Law, we take a look at alumni specializing in different fields. Our focus in this issue: Entertainment & Sports

“Maine Law provided me with the environment I needed to graduate, pass the Bar and work at the FCC in Washington as a staff attorney in 1964. My goal was to own television and radio stations, and I built three facilities—WPXT-TV, WJBQ-FM and WJAB-AM here in Portland. The Law School was critical in developing the structure for my entrepreneurial endeavors in both Maine and elsewhere.” John W. Bride (‘64), retired

Peter Carlisle is the driving force behind the success of Octagon’s Olympic & Action Sports division. An expert at the forefront of the booming action sports industry for more than a decade, he has emerged as a leader in the representation and marketing of Olympic and action sports athletes. He oversees a global business that provides career management for Olympics and action sports clients through contract negotiations, endorsements, licensing, merchandising opportunities and more. Before joining Octagon, he founded Carlisle Sports Management and served as an attorney for Preti, Flaherty, Believeau, Pachios. He has also served as an adjunct professor at Maine Law. Peter Carlisle (‘94), Octagon

Paul J. Greene focuses his sports law practice on protecting athletes’ rights. He handles anti-doping and eligibility arbitrations, rights of publicity matters, cybersquatting cases and immigration issues for athletes. He has successfully represented, among others, the gold-medal winning U.S. Men’s Olympic Bobsled Team and the Michael Phelps Foundation. Paul credits the University of Maine School of Law, where he took a course in sports law, for giving him his start as a sports lawyer. Paul J. Greene (‘07), Preti Flaherty

“As a professional runner, I competed against the world’s best. Maine Law gave me the training and vision to explore new challenges in track and field. My sports practice is focused on representing individuals and entities performing at the highest levels. My clients include the American Milers’ Association, NJNY Track Club, and Andrew Wheating, a 2008 Olympian. I serve as legal correspondent for Letsrun.com, the premier internet site for track and field news and results.” Matthew E. Lane (‘09), Preti Flaherty

Gary Thorne says he has been fortunate in his broadcast career to have covered events such as the Olympics, the Stanley Cup Finals, the World Series, MLB All Star games and a host of baseball, football, basketball and hockey games. “The joy of the games survives despite the very big business nature of all sports,” he says. “My law background has helped me understand much of the business aspects of the game and integrate that knowledge into broadcasts. Most importantly, the law background provides the thinking process that I hope gives a broadcast cohesiveness.” Gary F. Thorne (‘73), sportscaster

MAINE LAW MAGAZINE SUMMER 2011 9 MAINE LAW NEWS

Catherine Lee Justice for Women Welcome to Professor Ghachem Lecture Fund 2011 Selected Events We are pleased to welcome Dr. Malick Gh- The University of Maine School of Law achem to the Maine Law faculty. Prof. Gha- Foundation is pleased to announce the cre- Data Security & Management chem holds undergraduate and law degrees ation of the Catherine Lee Justice for Women in Global Commerce: from Harvard University and a PhD in his- Lecture Fund. It enables Maine Law to host a Thursday, July 28, University of tory from Stanford University. For a number distinguished speaker annually who will focus of years in Boston, he practiced law in the areas Maine School of Law. primarily on issues related to justice for women of criminal defense, employment discrimina- and girls in the developing world. First-year Orientation: tion, and commercial litigation, and served This endowment was made possible by the Thursday & Friday, Aug. 25-26. as a lecturer at the Massachusetts Institute of generous support of Catherine Lee, and we will Technology. He is author of the forthcoming work to grow the Fund in the coming years. Fall Term Begins: book entitled, The Old Regime and the Haitian Catherine Lee is an attorney and founder of Monday, Aug. 29. Revolution, published by Cambridge Univer- Lee International Business Development. She sity Press. Prof. Ghachem teaches courses in advises clients globally, with her current prac- Constitution Day Lecture: criminal law, criminal procedure, race and the tice around greenhouse gas emissions trading. Friday, Sept. 16, University of law, and legal history. Prior to establishing Lee International, she was Maine School of Law, Moot in private practice at a major law firm and con- Professor Howard Retires centrated on environmental law. A graduate of Court Room. Barnard College and Cardozo School of Law, After 25 years of association with Maine The Olympic Movement: H. Cabanne (“Cab”) Howard she has been a leader in support and advance- Law, retired at ment of women lawyers in Maine. Legal & Business the end of the 2010-2011 academic year. He Maine Law is working with Catherine Lee Perspectives: Thursday, Sept. joined the adjunct faculty in 1986 and, since 1997, has been Assistant Professor of Law. He to establish a diverse Advisory Council that 22, University of Maine School concurrently has served as Executive Secretary will identify distinguished speakers for the Jus- of Law. tice for Women Lecture series. In addition to to the Maine Judicial Committee on Judicial presenting a public lecture, each invited speak- 19th Annual Frank M. Responsibility and Disability, a position he will retain in the coming years. Prior to joining er will spend time with Maine Law students Coffin Lecture on Law and the Law School, he worked for more than two in classes, workshops, or other programs. The Public Service: Presented Women’s Law Association at the Law School decades as Assistant Attorney General at the will play an active role in the Justice for Wom- by Jonathan Lash, president ’s Office. He gradu- en Lecture series. of Hampshire College and ated from Cornell University and earned his former president of the World J.D. at Georgetown University, then clerked Governance and Ethics Symposium for Hon. Edward T. Gignoux, U.S. District Resources Institute. Thursday, Judge for the District of Maine. At Maine Law, In April 2011, the Law School presented Oct. 20, Abromson Center, he taught a wide range of courses including its third annual Governance and Ethics Sym- University of Southern Maine. constitutional law, professional responsibility, posium: Doing Well by Doing Good – The appellate advocacy, and public policy. ‘Mega-Trend’ of Organizational Sustainability For additional information on these and Social Responsibility. This timely program and other events, please contact Harvey Fellowship marked a continuation of the Symposium’s the Dean’s Office at 207-780-4344. Devin Deane 2009 and 2010 highly successful exploration (’12) was selected as the in- of cutting-edge governance and ethics issues. augural Harvey Fellow. The Charles Harvey Participants included leaders in business and North America Inc. (parent of Poland Spring); Fellowship Fund was created in memory of nonprofit corporations with experience in Paul Delva, Senior Vice President and Gen- Chuck Harvey, an esteemed lawyer and 1974 sustainability, social responsibility, and stake- eral Counsel of Fairchild Semiconductor; graduate of the University of Maine School holder issues on regional, national and global Ellen Golden, Managing Director of CEI of Law, by his family, colleagues, and many fronts. Investment Notes, Inc. (affiliate of Coastal -En friends following his untimely death in 2009. The series is co-chaired by Daniel Boxer, terprises, Inc,); Eileen Skinner, President and The fund supports a new program that pro- former Chief Administrative Officer of Fair- CEO of Mercy Hospital; and Lisa K. Toner, vides a month-long trial practice immersion child Semiconductor and Maine Law Adjunct Vice President of Legal Affairs at Delhaize experience for a selected Maine Law student Professor of Governance, and by Maine Law America (parent of Hannaford). Daniel Boxer each May and June. Devin Deane will work Mark Lavoie Dean Peter Pitegoff. This year’s Symposium and Tom Dunne, retired partner at Accenture, closely with (’78) of Norman panelists were: Charlie Broll, Vice President moderated the discussion, following an intro- Hanson & DeTroy who is serving as mentor and General Counsel of Nestlé Waters of duction by Dean Pitegoff. for the first year of the program.

10 MAINE LAW MAGAZINE SUMMER 2011 IN MEMORIAM

Ryan Royce in DOJ Honors Program • Christopher Kevin Boyle, legal scholar • Emily Roosevelt (’96) died on April and barrister, died of cancer on Dec. 25, 11, 2010, at home in Park City, Utah. She Graduating student Ryan Royce (‘11) was 2010. Boyle, who was a visiting professor at was born in White Plains, N.Y., on Aug. accepted into the highly competitive Honors Maine Law in 2000, was born on May 23, 13, 1969. She graduated from Whitby Program at the U.S. Department of Justice. 1943. An internationally respected human School, the Millbrook School, the Uni- This program places a select group of recent rights lawyer, activist and academic leader, he versity of Virginia, and Maine Law. She law school graduates in positions nationally served as Professor of Law and Director of clerked for Judge Monroe McKay of the with the Department of Justice. the Human Rights Centre at the University United States Court of Appeals for the 10th The prestige and experience of the Honors of Essex in Colchester, England. As Dean Circuit in Salt Lake City, where she served Program provides participants with a valuable and Professor of Law at University College with distinction. In 2000, she joined the rung on a legal career ladder. He will spend Galway in Ireland, he was instrumental in United States Department of the Interior his next two years with the DOJ Honors Pro- establishing Maine Law’s exchange program Office of the Solicitor General, where she gram, clerking for an Immigration Law Judge in Galway. worked tirelessly on behalf of public land in Dallas. issues. • Louis B. Butterfield (’88) died on National Rankings June 29, 2010. He was born on May 19, • Hon. James S. Russell (’78) died on 1963 in Charleston, S.C. While he practiced July 21, 2010. He was born on Dec. 20, The University of Maine School of Law in all areas of law, including civil litigation 1948. He joined the U.S. Army and served was named this year as one of the best public with an emphasis on employment law, he in the 82nd Airborne Division at Fort Bragg. interest law schools and as welcoming to older had extensive experience in anti-discrimi- He graduated from Maine Law and served students, two signature elements of Maine nation cases. In addition to his law practice, 27 years as a JAG officer in the U.S. Army. Law. he developed a course of study and taught He then became an administrative law judge PreLaw magazine listed Maine Law employment discrimination law at Maine with the Social Security Administration for among the 40 top law schools in the nation Law. He graduated magna cum laude from 13 years until he retired. for public interest law. Princeton Review listed Maine Law in 1988 and was ranked second Maine Law as No. 4 in the nation as most in his class. While at Maine Law, he was a • Andrew G. Siket (’83) died on Aug. welcoming to older students. And, the Amer- member of the staff and board of editors of 2, 2010, in Florida. He was born on June ican Institute for Economic Research ranked the Maine Law Review, and he worked as a 15, 1949 in Bangor. He graduated from the University of Maine in Bangor, St. Mary’s Portland among the best college cities for legal writing instructor. Seminary in Baltimore, and Maine Law. He students, listing Portland at No. 20 among • Richard Lawrence Clawson (’67) was an accomplished attorney admitted to metropolitan regions with a population of at died on June 21, 2010 in Scarborough. He practice in Maine, Florida, North Carolina, least 250,000. was born in Portland on Nov. 2, 1934. He Colorado and Tennessee, as well as before served in the U.S. NATO forces in Europe the United States Supreme Court, United Record Increase in Applications in the late 1950s. After he was discharged States Courts of Appeal for the First and In 2010, student applications to the Uni- from the Army, he attended the University Eleventh Circuits, and U.S. District Courts versity of Maine School of Law increased by of Maine Portland, where he received his BA for the Districts of Maine, Colorado, Middle more than 60 percent over the previous year. in business. He then attended Maine Law. District of Florida, and Southern District of This compared with a 7.4 percent increase in After completing law school, he practiced law Florida. applications to law schools nationwide. at the Maine Pine Tree Council, and then served as a contracts administrator in the • Schuyler G. Steele (’83) died on The diverse entering class included stu- legal department at Hamilton Standard in March 8, 2010. He was born on June 16, dents from 20 states and 60 undergraduate Connecticut. After leaving Hamilton Stan- 1958. He earned a BA at the University of institutions. Applications in 2011 slipped dard he joined a law firm in Camden. Maine in history, with highest honors and slightly, consistent with national trends, but highest distinction. He received his law Maine Law continues to attract attention and • Amy Keck (’99) died on Feb. 12, degree at Maine Law in 1983. applicants nationwide and abroad. 2011, at Hospice House in Auburn. She was born on Sept. 4, 1974. She graduated from • David N. Weinstein (’71) died on Honorary Degree for Professor Rogoff Brunswick High School in 1992, Mount Dec. 21, 2009 after a lengthy battle with Holyoke College in 1996 and Maine Law The Université du Maine in Le Mans, brain cancer, in Bozeman, Mont., where he in 1999. She worked as an attorney at Pine had lived since 2008. He graduated from France, has awarded University of Maine Tree Legal Assistance in the Bangor and Middlebury College in 1968 and from School of Law Prof. Martin Rogoff with a Lewiston offices. She was the 2009 recipient Maine Law in 1971. Before retiring in 2008, Doctor Honoris Causa (honorary doctorate). of the Thomas P. Downing Award, which he practiced law in the private and public This is a well-deserved recognition of Prof. recognizes those who work tirelessly to make sectors in Vermont for nearly 40 years. Rogoff’s many years of work with French le- significant contributions to Maine’s low- gal institutions and cooperative programs with income citizens. Maine Law.

MAINE LAW MAGAZINE SPRING 2011 11 Dave Owen and Sarah Schindler are focused on real-world problem solving

{story by Rita Heimes/photo by René Minnis}

Maine Law Professors Dave Owen and Sarah Schindler at Portland’s East End Beach.

he University of Maine School of Law is surrounded by communities com- Tmitted to a healthy environment, clean A passion for air, fresh water and locally grown food. Thus, it is only fitting that two of the Law School’s youngest faculty members (“rising stars,” to quote Dean Peter Pitegoff) draw Environmental Law on real-world experience and examples while offering students a broad range of courses in envi- ronmental sustainability. Maine Law Professors Dave Owen and Sarah Schindler Professors Dave Owen and Sarah Schindler dedi- are focused on real-world problem solving. cate their teaching and scholarship to the inter- section of environmental, {story by Professor Rita Heimes / photo by René Minnis} natural resources, property and land-use law. Leveraging their recent experiences in law practice and their mutual interest in helping communities solve problems, their work ex- plores how cities and towns can promote eco- Prof. Schindler also uses her unique back- New approach to water planning nomic and commercial development while ground as a land-use attorney with Morrison When one of his students wrote a paper taking care of the environment. and Foerster in San Francisco to help her stu- on an innovative new approach to water qual- dents understand how property and land-use ity planning, Prof. Owen realized the student Bringing environmental experience decisions affect their daily lives. For instance, was on to something. Before joining the faculty in 2007, Prof. her land-use students were required to at- “He had written a smaller piece of a big- Owen practiced environmental, land-use tend planning commission hearings in small ger, interesting story that involved trying to and water law with Rossmann and Moore, a towns in Maine, where they encountered deal with water pollution and the impact of small law firm in San Francisco. A graduate debates about the very issues taught in Prof. development upon urban watersheds. I poked of Berkeley Law, Prof. Owen drew upon his Schindler’s class. around and discovered that the Long Creek prior career as a geologist to pursue his inter- “My students realized that not just as law- watershed community was developing some est in water quality and scarcity. yers, but as citizens, they can have an impact of the most innovative solutions to urban wa- “Water resource management involves a on the development process. They took from ter pollution anywhere in the country.” fascinating mix of law, science, history, and the class that land-use decisions are commu- The Long Creek watershed is located in politics,” he says. “It all gets intertwined in nity-building decisions in their purest sense.” South Portland, which is “Anywhere USA” in interesting and complex ways. Water law, which is my favorite subject to teach in law school, is one They are dedicated to the intersection of environmental, of the most intellectually natural resources, property and land-use law. stimulating and rich areas of the law.” “I’m teaching water law in a way no one else is,” Prof. Owen continues. Patrick Venne (’10) was so inspired by many respects. Its airport, hotels, “big box” “We do business-school-style case studies, based Prof. Schindler’s class that he launched his retail stores, roads, and parking lots sup- on real, complex, water-law scenarios, and stu- own land-use law practice in Portland. port the shopping and travel demands of the dents are encouraged to solve problems together.” “Prof. Schindler’s recent experience work- greater Portland urban region. But meeting His students appreciate that approach. ing for a big-city law firm gives her a fresh those demands comes with an environmental “Prof. Owen’s passion and experience in perspective on hot topics in land use law, cost. Long Creek, a small stream that winds the field of environmental law really moti- from classic eminent domain issues, to emerg- its way through the heart of this commercial vates his students to match his level of enthu- ing trends in land development like ‘new ur- development and into Casco Bay, is heavily siasm in the classroom every day,” says Peter banism’ and ‘smart growth’,” Venne says. “She polluted. Stormwater running off the many Glaser (’10). “The amount of preparation he is both inspirational and an immeasurably roads, roofs, and parking lots in the Long puts into his classes inspired me to work as valuable professional resource.” Creek watershed was bringing heavy loads of hard as he has, and I think that is a reflection Both professors have excelled in engaging salt, heat, metals, and other pollutants into of his energy and devotion to the school and students in real-world environmental issues, the stream, and Long Creek did not meet the students.” while conducting their own valuable research. state water quality standards. The problem,

“The problem-based approach that “Professor Schindler is in large part why Professor Owen uses when teaching his I made the decision to establish my own smaller seminars leads to a more thorough practice dedicated solely to land use issues understanding of the interplay between directly out of law school. I consider her one different stakeholders in environmental of the best professors I have ever worked disputes, and fosters a deep level of with – at Maine Law or anywhere.” discussion that is not always present in the – Patrick Venne (’10), Law Office case-based approach common in larger of Patrick J. Venne, Portland classes.” – David Kallin (’09), Associate Attorney, Drummond & Woodsum, Portland which scientists often refer to as “urban stream syndrome,” recurs across much of the American landscape. “There are hundreds, perhaps thousands, of urban watersheds in the United States that fall into the same circumstance,” says Prof. Owen. “It’s a local example of a national problem.” With no individual pipe or single source of pol- lution to focus regulatory attention on, it also is a difficult problem to solve. Prof. Owen acquired funding to study South Portland’s community-driven water quality ini- Maine Law’s tiative, and the student, Peter Glaser (’10), went on to serve as his research assistant. The initiative has an interesting history. environmental options While many communities had struggled to find legal mechanisms to address their polluted urban ver the last decade, a renewed commitment to environmen- streams, the Conservation Law Foundation, a Otal stewardship by corporate clients has led more law firms New England-based environmental group, had to specialize with practice areas called “green building,” “clean uncovered a little-known provision in the Clean tech” or even just “sustainability.” Water Act that required multiple property own- With the courses offered by Professors Dave Owen and Sarah ers contributing to the stream’s poor water qual- Schindler, as well as Professor Charles Norchi, Director of the ity to obtain Clean Water Act permits. Rather Marine Law Institute, Maine Law’s students are now more pre- than fight that requirement, and face a lawsuit pared than ever to succeed in these fields. that would take years to resolve, the City of Courses in administrative law, water law, environmental law, South Portland, along with local businesses, the land use, real estate transactions, property law, animal law, chamber of commerce, the state environmental natural resources and marine law are all taught by full-time protection agency and environmental advocacy faculty-scholars with practical experience in the field. Students groups, developed a “collective permit” to cover can explore many subjects and perspectives in preparation for the entire developed area threatening water qual- private or government practice, or consulting work. ity of the local urban stream. “The suite of courses and the environmental externships I had It was, as Prof. Owen observed, an example access to at Maine Law provided me with an immediately rel- of “good, smart people behaving well.” evant skill set,” says David Kallin (’09), an attorney at Drummond Prof. Owen’s first paper on the subject, “Ur- Woodsum in Portland. banization, Water Quality, and the Regulated Landscape,” which will be published this year in “Even in my first year of practice, I was able play a substantial the Colorado Law Review, tells the Long Creek role in the representation of a number of the land trusts, munici- story and considers some of the broader impli- palities and environmental non-profits that my firm represents. cations for urban, water-quality protection. He The tools I learned at Maine Law helped me shape my practice continues to follow the Long Creek initiative, of law around sustainability issues from the moment I began and is now working with a multi-disciplinary practicing.” team of researchers to consider urban, water- Another former student, Nicholas Lund (’10), is now a fellow quality issues across the state. with the National Sea Grant Law Center at the University of Mis- sissippi. A passionate environmentalist and outdoorsman, Lund Converting blight to beauty found that his interests in environmental and property law were Prof. Owen’s project was designed to impact more than satisfied at Maine Law. the way local communities take responsibility for “Adding professors on the front lines of their disciplines—not their own environmental and land-use decisions. only closely following and analyzing developments, but also He has many reasons and opportunities to share contributing to them—is an exciting achievement for the school,” ideas with Prof. Schindler, who approaches her he says. scholarship in a similar way. She, too, proposes “Because Maine is a state with a whole lot worth protecting,” local solutions to problems replicated nation- Lund adds, “incoming students expect Maine Law to have a wide. strong environmental law program. The school could not have Prof. Schindler’s desire to help cities improve made a better choice than Professor Dave Owen to lead our their land-use governance systems arose while she environmental law program.” was in private practice, representing commercial property developers. She loved the plans arrayed on her desk, the idea that in a short time some-

6 MAINE LAW MAGAZINE SPRING 2011 GIS, Maps and Regulatory Cooperation

rofessor Dave Owen is puzzled. When he researches articles on Penvironmental and land use law, he sees almost no mention of Geographic Information Systems. Yet land use planning is crucially tied to maps and geo-coded data. “Few people have really stopped to think about implications of a GIS-driven environmental planning and policy world for some of our legal debates,” Owen observes. “It really matters to urban stream protection, which involves linking land use planning with water quality concerns, and has implications for air quality, wildlife habitat protection, and other areas of environmental preservation or restoration.” A map can be a powerful tool to help planners visualize areas and express multiple layers of data in one visual image. As regu- lators work to integrate myriad environmental laws at local and national levels, Prof. Owen predicts, “mapping can help identify locations where development works with all their purposes and goals, and locations where it doesn’t work with any.” It can also help temper potential conflicts between local land use decisions and enforcement of federal environmental laws. “Mapping could give state and local land use planners the tools to talk to federal regulators about how to meet their various goals all at once,” says Prof. Owen, who intends to direct future research to GIS mapping issues and environmental planning.

thing new would be created, and the impact a ticular building-related environmental exter- the U.S., as retail giants like Circuit City and new development can have on a community’s nalities. Borders head into bankruptcy, and behemoth sense of place. For Prof. Schindler, “It’s about “In Las Vegas, there is a water shortage; Wal-Mart closes its older, smaller stores and the dirt.” in Manhattan, there is a heat island effect opens new superstores within a few miles of At the same time, Prof. Schindler was from the miles of pavement and black-topped the former ones. unsatisfied with helping her clients succeed roofs; in Maine we have issues with our heat- “In many communities, when these big without also giving back. ing systems,” she says. “If cities are going to boxes fail, they leave a hole in the social fabric “I would think about what we could do require green buildings, they should adopt of the community,” Prof. Schindler explains. to help the community in which we were locally tailored ordinances that are subject to “People are less likely to enjoy their neighbor- building. Communities have a lot to gain by becoming involved in development projects, by becoming aware of what’s going on around them.” Prof. Schindler observed local govern- ments interested in creating “green” building standards simply adopting the Leadership in Energy and Environmental Design (LEED) standards without tailoring them to local conditions. Those LEED standards were cre- ated by the U.S. Green Building Council, a “Professors Owen and Schindler integrate theory and non-profit organization comprising builders practice in the best sense.” – Dean Peter Pitegoff and industry groups. Prof. Schindler noted that the LEED standards were created as a voluntary marketing mechanism, and were not designed to act as sound municipal law. public, local review processes.” hood and care about it when it’s blighted. A In an article published in the Florida Law Prof. Schindler’s most recent work exam- single broken window will draw more broken Review, Prof. Schindler asserted that instead ines how town ordinances can (and should) windows.” of merely adopting these industry-generated work to alleviate the blight and community The solutions are elusive, as private lease standards, cities should create their own green degradation caused by abandoned “big box” agreements may prevent new tenants from building ordinances keyed to their own par- retail stores. The issue plagues cities all across competing with the abandoning one, or com-

MAINE LAW MAGAZINE SUMMER 2011 15 “Locavores” and the Law

rofessor Sarah Schindler has found a way to combine her love of and respect for animals with her passion for property law. PIn addition to teaching a course on Animal Law, Prof. Schindler is investigating the conflict between local zoning laws and “locavores” – people who want to leave a lighter impact, and eat primarily what is grown or raised near where they live. “In a lot of ways, food law and policy are inherently tied to the land and land use,” she says. “Consider how zoning ordinances relating to urban agriculture and the size and placement of vegetable gardens impact a person’s ability to grow her own food.” Other examples are zoning laws or neighborhood covenants that impact whether people can raise chickens in their backyards, or hang laundry out to dry. These are issues she hopes to pursue in her future scholarship.

mercial landlords may have difficulty filling ory and pragmatism that make their courses Dave Owen is Associate Professor at the Univer- the space with a similar retail giant and even uniquely enriching for students, who also ap- sity of Maine School of Law. Appointed in 2007, more difficulty renovating the vast, window- preciate their accessibility. Prof. Owen worked previously in private practice less space for multiple tenants. “Prof. Owen really cares about the sub- in San Francisco specializing in environmental, Big box developers and commercial ten- jects he teaches, and genuinely hopes to instill land use, and water law and, before his legal ca- ants may desire to be good citizens, but re- in others a level of fascination similar to his reer, as a geologist for an environmental consult- main beholden to the bottom line and at the own,” says Patrick Venne (’10). ing firm. He currently is lead researcher on an mercy of market forces. “And I consider Schindler one of the best interdisciplinary project examining water quality Local governments, Prof. Schindler be- professors I have ever worked with, at Maine impacts of urbanization and a faculty member lieves, are therefore obliged to make sound Law or anywhere. Any school would be more of Maine’s Sustainability Solutions Initiative. development decisions in the first place, and than lucky to count them both among their Prof. Owen earned his JD from University then deal proactively faculty. of California, Berkeley, School of Law (Boalt with vacant stores “Prof. Schindler Hall) and clerked for Judge Samuel Conti of the to turn blight into was always more than U.S. District Court for the Northern District of beauty. willing to discuss top- California. In an article she ics in or out of the Sarah Schindler is Associate Professor at the is writing on the sub- classroom, and Prof. University of Maine School of Law. Appointed ject, she examines Owen’s availability to in 2009, Prof. Schindler previously was a visit- when local govern- discuss matters out- ing faculty member at the University of Georgia ments should consid- side of the lecture hall School of Law and practiced in the area of land er adaptive re-use of is also unrivaled.” use and environmental law in San Francisco. the space, and when Maine Law’s ap- Her research focuses on emerging trends in pointment of two municipal land use law and sustainable develop- they should con- “In many communities, sider demolition and full-time professors ment. Prof. Schindler earned her JD summa reconstruction, or when these big boxes devoted to these is- cum laude from the University of Georgia School demolition and “re- fail, they leave a hole in sues reflects the of Law and clerked for Judge Will Garwood of the Fifth Circuit Court of Appeals. greening,” turning the the social fabric of the school’s commitment lot into a park or oth- to preparing students Rita Heimes is Clinical Professor at the Uni- er public open space community. for meaningful careers versity of Maine School of Law and Director of for people to gather. – Sarah Schindler in environmental the Center for Law & Innovation. Since 2001, “Cities have a law. It amplifies the she has played a lead role in building the Center huge opportunity to school’s robust role in for Law & Innovation and the Maine Patent build community if the wider community, Program as vibrant programs for public service, they’re smart about it. They can create new studying and enhancing local policy with an teaching, and research and as a state resource. open space, or build a public garden. Their opportunity for national impact. Prof. Heimes, who previously practiced law in choices can have a tremendous positive im- As Dean Pitegoff says, “Professors Owen Seattle, Boulder, and Portland, founded and pact on property values and the citizens’ sense and Schindler, along with colleagues in our oversees the Law School’s nationally recognized of place.” Marine Law Institute, inform and influence Intellectual Property Clinic. She earned her JD policy on a national and global level. Contrib- with honors from Drake University Law School A commitment to students uting locally and using Maine as a laboratory, and clerked for Judge Robert Beezer of the U.S. Both professors bring youthful energy, they integrate theory and practice in the best Court of Appeals for the Ninth Circuit. passion for their subjects, and a blend of the- sense.” ML

16 MAINE LAW MAGAZINE SUMMER 2011 Franco-American Legal Seminar professors and students at the Château de Rochambeau. (Photo courtesy of Amber Collins) Global reach

{By Professor Christopher Knott}

hy did 15 Maine Law students rect the program. Seminar participants (from students and professors Rogoff, Charles Nor- spend their spring break at Maine Law and the Faculté de Droit of the chi and Sarah Schindler traveled to France WFrance’s Senate, at the castle of Université du Maine, at Le Mans, in France) to meet their French counterparts. Stopping the Count of Rochambeau, at France’s old- set a topic each year and invite interested first in Paris for meetings with dignitaries est restaurant, Le Procope, and at many other students in each institution to enroll in a se- and tours of significant government sites, the historic and significant sites in France? These students, along with three faculty members and Maine Law partners in France, were participating in this year’s Maine Law is building worldwide connections for Franco-American Legal Seminar, just faculty and students. one example of Maine Law’s commit- ment to making connections around the world in order to prepare students for an increasingly global legal market. mester-long seminar culminating in scholarly group then traveled to Le Mans for several The Franco-American Legal Seminar, now papers drafted and presented by each student. days. There, students and faculty from both in its 16th year, is the brainchild of Prof. Mar- This year’s topic of study was “Environmental schools shared the results of their research. tin Rogoff, who first negotiated this scholarly Catastrophes: Prevention and Response.” Maine Law students and professors travel and student exchange and continues to di- In March, the 15 participating Maine Law to France every second year, with students

MAINE LAW MAGAZINE SUMMER 2011 17 from France visiting the U.S. in the off years. At the center of Maine Law’s Next year’s seminar, which will focus on law and religion, will include a visit to Washing- ton, D.C., before students meet in Maine for global outreach efforts: scholarly presentations. Many students de- scribe the seminar as the most valuable and enjoyable part of their studies. avid Cluchey is Professor of Law at the University Dof Maine School of Law. Appointed initially in 1979 Global commitment after six years of legal practice in Maine, he served as Exposing students to foreign legal systems, Associate Dean from 1987-1991 and from 2000-2004. Prof. exploring legal topics comparatively with Cluchey specializes in law and the economy and teaches peers from other nations, and simply travel- antitrust, economic regulation, business associations, ing to Europe for scholarly exchange, all dem- international trade law, and professional responsibility. He onstrate Maine Law’s commitment to global has a long-standing interest in the people, culture and engagement by its faculty and students. economy of Russia. He spent three months in Moscow in Along with the Franco-American Legal 1994 as a Fulbright Lecturer at the Finance Academy of Seminar, Maine Law’s foreign exchange pro- the Government of the Russian Federation, and he served as Director of the gram for students is one of the Law School’s ABA-accredited St. Petersburg Summer Law Program during five subsequent most popular offerings. Students compete each summers in St. Petersburg. He has traveled to Russia as a consultant to the term for a limited number of seats in partner U.S.A.I.D. Rule of Law program and to teach courses in American/Russian law schools around the world. In addition to Business and Trade Law. Prof. Cluchey is a graduate of Yale University, exchange agreements with two law schools received his Masters degree from the State University of New York at Albany, in France (at Le Mans and Cergy-Pointoise), and earned his J.D. at Harvard University. students can choose among law schools in Canada (Dalhousie, New Brunswick), Great Britain (Buckingham), Hong Kong (City Uni- harles Norchi is Professor of Law and Director of the Marine Law Institute at the University of Maine versity of Hong Kong), and Ireland (Galway). C Typically, a Maine Law student is in resi- School of Law. He teaches public international law and dence at a partner law school for one semester, oceans law. His current research focuses on law and living among the students there, taking a rep- nation-building, international boundary delimitation, resentative course load, and integrating with maritime security, and ocean and sovereign claims of the students and faculty in all aspects of law China. Prof. Norchi manages comparative marine law school life. This opportunity grows in popu- projects with the University of Nantes in France, the Centre larity every year, as returning students spread for Maritime and Transport Law of the City University of Hong Kong, and the International Maritime Law Institute in Malta. He is a Research Fellow at the Ash Center for Democratic Governance in the Kennedy School at Harvard, Chair-elect of the Admiralty and Maritime Law Section of the Association of American Law Schools, and a National Fellow of the Explorers Club. He earned an A.B. from Harvard College, a J.D. from Case Western Reserve University School of Law, and an LL.M. and a J.S.D from Yale Law School.

artin Rogoff is a Maine Law Foundation Professor Mat the University of Maine School of Law. Since joining the Maine Law faculty in 1972, he has taught and published extensively in the area of international law with particular attention to France. He founded and directs the annual French-American Legal Seminar, engaging students and faculty from both nations in an intensive exchange of ideas and meetings with leaders in the bench and bar in France and the United States, and played a lead role in establishing exchange programs with several universities in Europe. Professor Rogoff has been active in public policy at both the state and national levels. He graduated from Cornell University and Yale Law School, and earned a masters degree at the Maine Law student Laura Rideout (‘12) University of California at Berkeley. in Paris.

18 MAINE LAW MAGAZINE SUMMER 2011 the word about the value of the educational Summer often finds Prof. David Cluchey Norchi is also an expert on Afghanistan and and social experiences. in St. Petersburg, Russia, teaching interna- the Congo, and that expertise has resulted in A prime example of Maine Law’s efforts tional trade law. Three U.S. law schools jointly increased opportunities for students to engage has been its use of a multi-year grant from administer the St. Petersburg Summer Law in meaningful work internationally. the Government of France Partners Univer- Program, and Prof. Cluchey, who speaks Rus- sity Fund. This generous grant has allowed sian, has taught in and directed the program The future Maine Law to strengthen student and faculty on many occasions since 1995. A number of What’s next for Maine Law as it seeks to exchanges between Maine Law and its French Maine Law students have participated in the open up the world’s legal opportunities to its partners. The grant is focused on developing program, and this summer two Maine Law students? The School is deeply committed to a comparative marine law program, building students will join Prof. Cluchey in St. Peters- expanding its presence around the world. Build- upon one of Maine Law’s curricular and re- burg. Occasionally, Prof. Cluchey’s close con- ing upon past successes, and finding new ways search strengths. Even at the early stages of nections to the Summer Program and to the to create connections with lawyers, scholars and the lifetime of this grant, the Law School and Russian-American Legal Education Founda- students in other nations is a high priority. Al- its French counterparts have collaborated in tion, on whose board he sits, have resulted in a ready, Maine Law graduates study and practice a number of ways; conferences, faculty ex- Russian law student choosing to spend a year in many different countries. The School’s goal is changes, student work in a variety of settings, visiting Maine Law, which is slated to welcome to continue to create those opportunities, and to all designed to bear future fruit in the form of one such visitor in the 2011-12 academic year. prepare students to take their place as leaders in more formalized joint programs of study for the new global legal marketplace. students from the participating law schools. Maine Law is currently planning the es- The ultimate goal of Maine Law’s participa- tablishment of a post-professional LL.M. tion is to capitalize on the opportunities to es- program. Focused primarily on attracting tablish mutually supporting programs which foreign-trained lawyers to study for a year will benefit the Law School by increasing both at Maine Law, the LL.M. (Master of Laws) the depth and breadth of its global presence. program will strengthen ties with foreign law And new exchange programs will allow schools, law students and law faculties. Once Maine Law to offer more students this valu- the program has been fully approved by the able semester away. In return, partner law University of Maine System and the Ameri- schools send Maine a number of students ev- can Bar Association, Maine Law intends to ery year. These students add a great deal to offer the degree first to a small number of for- the life of the Law School, and many students eign-trained lawyers and students each year. have made lifelong friends and colleagues From left, Maine Law professors Sarah Schindler and Martin Rogoff, and Myriam The School is also working diligently to through these visits. Roussille, Professor of Law at the Université du increase the number and kind of global oppor- Maine (Le Mans, France), at the Gala Dinner tunities open to students. In the near future, Program leaders for this year’s Franco-American Legal Seminar, held in Rennes. Maine Law will have at least two additional At the heart of Maine Law’s global efforts student exchange agreements, with law schools are professors Martin Rogoff, David Cluchey In addition to obtaining and managing in Rennes and Nantes, France. As the practice and Charles Norchi. the French Partners University Fund grant, of law becomes increasingly global, Maine Law In addition to leading the Franco-Amer- Prof. Charles Norchi has led Maine Law’s will prepare its students to compete and to suc- ican Seminar each year, Prof. Rogoff has, efforts to forge closer ties with Asia. Prof. ceed anywhere in the world. Every year that for many years, been Maine Law’s leader in Norchi has served as a visiting faculty mem- passes, every successful exchange, every Maine international, comparative and foreign law. ber and on the advisory board of the City Law alum working in Africa, India or Switzer- Prof. Rogoff teaches a wide variety of courses, University of Hong Kong School of Law. A land, enriches the Maine Law experience for most of which focus on other legal systems, very popular student exchange program with each new class of students. ML other nations, or comparing approaches to that school is entering its third year, and stu- legal problems in different countries. In his dents have established lasting connections Prof. Chris Knott is Vice Dean and Director scholarship, too, Prof. Rogoff demonstrates with their counterparts in Hong Kong. This of the Garbrecht Law Library at the University his broad range, publishing in several differ- term, for the first time, Prof. Norchi is using of Maine School of Law. He joined Maine Law ent languages and in the leading legal journals Maine Law’s improved technological capa- in 2006 after serving as librarian and adjunct in the U.S., France and Italy. He has been the bilities to bridge physical distances by offer- professor at Columbia University Law School driving force behind many of Maine Law’s ex- ing a seminar to students in both law schools and the Georgetown University Law Center, changes and programs, and has forged close simultaneously. In practical terms, that means and he currently serves as President of the Law ties around the world. This year, Prof. Rogoff Maine Law students starting class quite early Librarians of New England. He previously en- is receiving a rare distinction. The Université in the day, and students in Hong Kong begin- gaged in the private practice of law with a focus du Maine is awarding him the Doctor Hono- ning class very late in the evening—in order in corporate transactions and commercial litiga- ris Causa (Honorary Doctorate) degree. His to take the time difference into account. By tion. Dean Knott is a graduate of the University efforts throughout his career have resulted all accounts, this joint examination of oceans of Iowa and the University of Michigan Law in many opportunities for study and work law issues has proven successful, and is but a School, and he earned his masters degree in li- around the world for Maine Law students. hint of closer collaborations to come. Prof. brary science from Indiana University.

MAINE LAW MAGAZINE SUMMER 2011 19 Measuring the cost of bankruptcy law

Professor Lois Lupica is studying the impact of changes made to bankruptcy law in 2005

{By Professor Jennifer Wriggins / photo by René Minnis}

University of Maine School of Law 2005 amendments, such as increased con- professor’s initial research on the sumer costs and decreased distributions to un- impact of 2005’s bankruptcy law secured creditors, may have been contrary to changes reveals a more expensive what was intended. Aconsumer bankruptcy system. Charting the 2005 Act’s impact According to the Congressional Record, the sweeping changes made to bankruptcy Prof. Lupica has been working since early law in 2005 were intended to improve bank- 2010 as the principal investigator on a national ruptcy law by “restoring personal responsibil- study, sponsored by the American Bankruptcy ity and integrity in the bankruptcy system and Institute Foundation and the National Con- ensur[ing] that the system is fair for both debt- ference of Bankruptcy Judges Endowment for ors and creditors.” Education, on the effects of the Bankruptcy However, these changes were made with- Abuse Prevention and Consumer Protection out consideration of empirical data about Act of 2005. The study, known as The National their likely effects on consumers. In fact, pre- Consumer Bankruptcy Costs Study, grew out liminary empirical research by Professor Lois of Prof. Lupica’s work as a Robert M. Zinman Maine Law Professor Lois Lupica. R. Lupica finds that the consequences of the Scholar-in-Residence at the American Bank-

20 MAINE LAW MAGAZINE SUMMER 2011 ruptcy Institute inWashington, D.C. in 2007. national visibility to propose and design the With the assistance of an economist/ national study of the effects of the legislation. statistician (Dr. Michael Donihue, Professor A leader on debtor-creditor issues of Economics at Colby College) and seven Maine Law second- and third-year students, Prof. Lupica has long been a national lead- Prof. Lupica has been coding and analyzing er on debtor-creditor issues. During her 17- the data gleaned from about 10,000 consumer year career at the University of Maine School bankruptcy cases. In addition, she has con- of Law, she has published numerous articles ducted more than a dozen focus groups, and examining different aspects of debtor-creditor administered survey instruments to consumer relationships. bankruptcy lawyers, trustees and judges, in or- Starting with her 1998 article in the Texas der to gather qualitative data that will aid in Law Review, which sounded one of the first making connections between various quanti- warnings of the risks inherent in asset secu- tative variables. ritization transactions, she has continued to Lupica’s study was described by the Ameri- focus her scholarly research on the important can Bankruptcy Institute as “the most exten- intersection of bankruptcy, complex financ- sive empirical measurement to date of the ad- ing techniques and consumer protection—all ditional burdens placed on consumer debtors courses that she teaches. by the 2005 amendments.” The final report is Her scholarly career has focused on the expected to be available in December 2011. effective regulation of complex markets with Before embarking upon the Na- a concentration on consumer pro- tional Consumer Bankruptcy Costs tection. Her most recent articles Study, Prof. Lupica conducted a Pi- have documented how her concerns lot Study of Consumer Bankruptcy about securitization and related is- Costs in 2009. The Pilot Study, us- sues came to fruition during the ing exacting statistical analysis and financial crisis of 2008-2009. She focusing on federal districts in six has also proposed solutions to help states, indicates that costs have risen ameliorate the worst of the damage. —especially attorney fees—while Dealing with the consequences payments to unsecured creditors of the financial crisis closer to home, in both Chapter 7 and Chapter 13 Prof. Lupica has provided trainings bankruptcy cases have actually de- and presentations for attorneys and creased since the enactment of the mediators through Maine Attorneys legislation. Savings Homes, which is a joint In considering the Pilot Study’s project of Pine Tree Legal Assistance findings Lupica noted, “I was not surprised and the Volunteer Lawyers Project. that it costs consumers more to file for bank- Prof. Lupica’s work is a perfect example ruptcy after the amendments, but I was sur- of how prescient, passionate scholarship and Professor prised at how much more. Given that con- teaching translate into service and public pol- sumer bankruptcy is a zero-sum game, the icy. Legal scholarship like hers has significant Lupica’s work policy question is whether having consumers practical and public policy dimensions. Her pay more to access bankruptcy system is the work will inform the continuing debate about is a perfect best use of their finite pool of assets.” financial regulation and consumer protection, In the past year, the Pilot Study findings particularly in the bankruptcy setting. ML example of have been presented to judicial and attorney audiences around the country. Prof. Lois Lupica is a Maine Law Founda- how prescient, When Congress considered the legislation tion Professor at the University of Maine School that eventually became the 2005 Bankruptcy of Law. Appointed in 1995, Prof. Lupica pre- passionate Act, Prof. Lupica was one of the leaders who viously worked in private practice in New York warned of the potential consequences of the City on domestic and international transactions scholarship new law. Central to her analysis was the fail- and developed a clinical program in affordable ure of Congress to legislate based on sufficient housing development at Seton Hall University and teaching data about the law’s impact on consumers. School of Law. She is a national expert in So, when the bankruptcy amendments bankruptcy law and policy and is currently translate into were passed in 2005, Prof. Lupica was per- principal investigator for a major study on the fectly positioned to evaluate the effects of the impact of the 2005 Bankruptcy Reform Act. service and new law. Her time as Resident Scholar at the Prof. Lupica earned her JD with high honors American Bankruptcy Institute gave her the from Boston University School of Law. public policy.

MAINE LAW MAGAZINE SUMMER 2011 21 At issue: Race & Law Professor Jennifer Wriggins‘ The Measure of Injury looks at the evolution of race and tort law in the United States

{By Elena Brandt / photo by René Minnis}

Prof. Jennifer Wriggins, the Sumner T. Bernstein Professor of Law and : What is an example of this “race-based discount” in torts? Associate Dean for Research at the University of Maine School of Law, Q specializes in Torts, Insurance Law, and Family Law. Upon receiving her JD, Prof. Wriggins served as Clerk to the Hon. Edward T. Gignoux, : One example is a case from about a century ago. Henry Griffin U.S. District Judge in Portland, Maine. Her book, “The Measure of Awas a black Pullman porter. Daniel Brady was the President Injury: Race, Gender, and Tort Law” (NYU Press 2010, co-authored of Brady Brass Company, and brother of Diamond Jim Brady, one with Professor Martha Chamallas of Ohio State of the richest financiers of University) was published in spring 2010. She the “gilded age” – white of has published articles in the areas of torts, insur- course. Brady accused Griffin ance, and family law, with a focus on race and of stealing his wallet and Grif- gender. She graduated magna cum laude with fin was put in jail, probably distinction in philosophy from Yale College and overnight. The theft charge cum laude from Harvard Law School. turned out to be false, and Griffin was set free. : Torts is a subject that includes Griffin then sued Brady Qpersonal injury law, products liability, for false imprisonment, and defamation and malpractice. What does it won a $2,500 verdict before a have to do with race? jury, in New York City, which would have been all-white : Given how law is steeped in history, since blacks weren’t allowed Aand given how U.S. history is steeped on juries at the time. This in race and racism, I think it is fair to say was about $52,000 in today’s that every law school subject has aspects that dollars. Then the trial judge, relate to race. Torts is no exception. African- Judge Dugro, told Griffin and Americans brought tort claims for personal his lawyer that the verdict was injuries in this country from the end of too high. The judge said in slavery on. open court: “[I]n one sense, a As tort plaintiffs, they had access to colored man is just as good as the legal system, which is surprising, given a white man, for the law says how racist law and social practices were he is, but he has not the same in different ways up until about 1950. amount of injury under all Virtually no legal scholars have written circumstances that a white man about this, although courts consistently would have . . . . In [NYC], the identified the race of the plaintiff bringing amount of evil that would flow a tort lawsuit if the plaintiff was not seen as white, up until the to the colored man from a charge like this would not be as great 1950s. However, black plaintiffs were not treated equally. A variety as it probably would be to a white man.” He slashed the award to of evidence shows that their claims were devalued on the basis of $300 and this was upheld on appeal. race. A “race-based discount” often was applied to their claims — in settlement, at trial, and on appeal. It is a complex story that is a : That’s one example, but it could be an isolated case. Are there part of our history. Qothers?

22 MAINE LAW MAGAZINE SUMMER 2011 : Sure. I have read hundreds of tort cases that have to do with who had written a very influential opinion allowing such tests. In Arace, and it is a complex picture. I tried to create a collec- my article, I had dissected his opinion and tried to show how very tive picture by reading all the appellate wrongful death cases from wrong it was. His letter to me said that my article had caused him Louisiana from 1865-1950 that discussed damages. This was a total to change his mind. He enclosed an opinion he wrote not allowing of 152 cases, 26 of which were brought by African-Americans. The those unconsented IQ tests any more. Many judges followed his average award for loss of a white family member was more than twice example and stopped allowing such tests. the average award for loss of a black family member – $8,245 for loss of a white family member; $3,559 for loss of a black family member. : What about now? The widespread perception, I think, is that Similarly, the median award for loss of a white family member was Qrace and gender are no longer such an issue. more than twice the median award for loss of a black family member. This and other material make me think there was a widespread race- based discount for African-Americans’ tort claims. : One way in which race and gender still matter in torts is that Arace-based and gender-based tables are routinely used to estimate : How did you become interested in the intersection of race and lost future earnings of tort plaintiffs in some situations. For example, Qtorts? when a person is seriously injured who does not have a specific earn- ings history – like a child for example : First, I got questions from – part of her tort damages may be lost Astudents in my Maine Law torts future earnings. Expert economists classes about race and tort law that will testify about lost earnings, and I could not answer without doing these have to be estimated, essentially research. The articles that I wanted to predicted. Such experts often turn to find so that I could give the informa- earnings tables from the Department of tion to my students did not exist! So, I Commerce or other sources which are researched and wrote the articles – and divided by race and gender. then, the book. The earnings tables show that men Another impetus came from overall earn more than women, and practicing law, which I did for 12 years that whites earn more than blacks. before becoming a law professor. I Experts will then match the race and represented many children in Massa- Maine Law Professor Jennifer Wriggins gender of the injured plaintiff to the chusetts who had been exposed to lead tables and use that as a basis to predict paint in lawsuits against their landlords, the lost future earnings of the injured at a law firm in Cambridge, Mass., Pressman & Kruskal. Massachu- plaintiff. I think this is using race and gender in court in a way that setts had a strict liability statute for lead paint poisoning. is unconstitutional, because it is using a race-based and gender-based Many if not most of the children were African-American, Hai- classification to affect an individual without any compelling reason. tian, or Latino/a. Several surprising things happened in those lawsuits It’s essentially a continuation of the race-based discount, in my that affected my scholarship. First, occasionally defense lawyers view. My co-author, Martha Chamallas, and I have been writing would explicitly bring up the race of the injured children, like this: about this for years. In Canada, there has been lots of discussion of “A jury would not award Haitian kids that much money.” This seems these issues and also some in Israel. like a race-based discount. Second, lead paint can cause cognitive injury; in sufficient quanti- : Has your criticism made a difference? ties lead exposure lowers the IQs of children. In the lawsuits, what Q happened was this: lawyers for landlords would often get permission from judges to test the IQ of the children’s mother and also perform : In one high-profile case, yes. There was a terrible accident in- psychological tests on her. They were arguing that the child’s low IQ Avolving the Staten Island Ferry in 2003, in which 11 people were was caused by the mother rather than by the illegal lead paint. This killed. New York City, which operated the ferry, was quite clearly was common, and was operating under the radar screen in pretrial negligent and violated its own safety regulations. Only one pilot had discovery. In virtually every instance, the mother was a member of a been on the bridge, contrary to the rules, and he passed out, lead- racial minority. ing to the crash. One passenger was James McMillan, an African- To me, this was an extraordinary intrusion into the mother’s American man. The accident caused him to be a quadriplegic. The privacy. After all, the mother was not suing for anything. I thought city, because it was clearly negligent, was liable for his future medical this probably would not happen if the mothers had been white; it expenses. So the issue of his life expectancy arose. The city offered tied in with a long history of racism in connection with IQ testing. life expectancy tables of African-American quadriplegics, arguing that Also, I thought this raised gender issues because the mothers were he would live a shorter time because he was black and male and that being blamed for the children’s IQ, while there wasn’t a similar focus therefore they owed him less. on the fathers. I wrote a law review article about this as soon as I got Federal District Judge Jack Weinstein of the Eastern District to Maine Law. It was published in the Boston University Law Review. of New York wrote an opinion citing my scholarship and that of One of my most thrilling moments as a scholar was a few years later Martha Chamallas, deciding that using the race-based tables was when I got a letter from a judge in Washington D.C., Stefan Graae, unconstitutional. We hope that the tide is turning. ML

MAINE LAW MAGAZINE SUMMER 2011 23 Juvenile Justice Clinic

Hands-on work that matters

From left to right: Matthew Peacock, Joseph Zamboni (standing), Meghan Ogren, Amber Collins (standing), Jeffrey Shafto, Michael Dixon (standing) and Elyse Apantaku (standing). Matthew, Joseph, Meghan, Amber and Michael are student attorneys (third-year students) in the Juvenile Justice Clinic. Jeffrey is a former Juvenile Justice student attorney who is working in Portland as a solo practitioner. Elyse is a second-year-student who is the clinic’s summer Juvenile Justice Policy intern.

{By Professor Christopher Northrop / photos by René Minnis}

he University of Maine School of Law’s Law committed the resources to build this and sometimes divided, learning and practic- Juvenile Justice Clinic offers students, clinical program, which is focused on com- ing as I did at the clinic prepared me for flu- Tdifficult, high-stakes work that pro- bining juvenile defense practice with policy ency in both worlds.” vides valuable hands-on lessons and forms the development. Clinic students represent children charged genesis of policy work. The purpose of the Juvenile Justice Clinic with criminal activity in Maine’s juvenile In 2006, the University of Maine School is to teach our student attorneys to provide the courts. of Law responded to challenges set forth in an highest quality representation for their clients Each semester five student-attorneys take on assessment by the American Bar Association in the delinquency system, while working for the responsibility of trying to make their clients’ that detailed statewide problems of access to systemic change. lives safer and more successful by addressing the counsel and quality of representation in de- underlying causes of the alleged conduct. It is Learning in the trenches linquency cases. (The assessment, “Maine: An difficult work, but our students always exceed Assessment of Access to Counsel and Quality And the program has proven successful in every expectation of the courts and the families. of Representation in Delinquency Proceed- providing participating students with invalu- The lessons learned and the problems observed ings,” was published in 2003.) able hands-on experience and a firm under- in the trenches of delinquency court form the Professors Deirdre Smith and James Burke standing of the delinquency system. genesis of our policy work. “In my time at the Juvenile Justice Clinic decided to expand Maine Law’s clinical offer- Tackling policy issues ings to include a program dedicated to im- I was able to work on policy and directly rep- proving representation of children. The result: resent children,” says Rebecca Headen (’07). A few examples of the policy issues the Maine Law’s Juvenile Justice Clinic. “Now that I work primarily in policy, I realize clinic takes on each semester include dis- With generous help from the Sam L. Co- how important that experience was – in a legal proportionate minority contact with law en- hen Foundation, the Maine Bar Foundation, universe where the people who practice and forcement and the ongoing legal problems many alumni and other supporters, Maine the people who strategize are often detached encountered by homeless youth.

24 MAINE LAW MAGAZINE SUMMER 2011 Once students identify a problem area, clients’ expressed interests, the desire to advo- prosecutors’ offices, Attorney General’s office, the next step for them is to look for partners cate for a child’s best interests is strong. In or- State Forensic Service, and Maine Commission in the community. For example, to help serve der to help make sure that juveniles, especially on Indigent Legal Services. He hopes to see this Portland’s significant population of home- those in the most unfortunate circumstances, legislation signed into law by graduation. less youth, students reached out to Preble have a “best interest” voice in court, Dixon Street and Pine Tree Legal Assistance to cre- helped form a group of volunteer guardian ad Making it a career ate the “Street Law” program, through which litems. He worked with the Child Protective/ Although many clinic alumni go into clinic students provide legal advice every Juvenile Justice section of the Maine State Bar private practice, quite a few have decided to other Wednesday on a drop-in basis at Preble Association to identify volunteers, and he is continue their work in the policy world and Street’s Teen Center. currently serving as a guardian ad litems on public interest law. Clinic graduates over the Some issues can be addressed with a quick two delinquency cases. last four years have landed jobs at the National consult; other teenagers with more complex Juvenile Defender Center, ACLU of North problems wind up as full-representation cli- Carolina, Rights Working Group (Washing- ents. For our work with disproportionate mi- ton D.C.), Disability Rights Center of Maine, nority contact issues, students partnered with Maine Equal Justice Project, KIDS Legal, the Muskie School of Public Service. Maine Justice Advisory Group and the Maine Now in the fifth year of the partner- Legislature. ship, and students have helped Muskie staff This fall I had one of the great thrills of design and publish a comprehensive assess- my professional life at the Juvenile Defender ment, “Disproportionate Minority Contact Leadership Summit in Washington D.C. This in Maine: DMC Assessment and Identifica- annual event is an invitation only summit tion,” University of Southern Maine Muskie where grizzled veterans (like me) get to present School of Public Service, 2009. to the nation’s most dedicated and promising The assessment defines disproportionate young lawyers advocating for children. I was minority contact problems and potential so- delighted to see two of my former students in lutions. attendance. Clinic students continue to work toward “The rewards I have reaped from my time further assessment, as well as the implemen- as a student attorney at the Juvenile Justice tation of potential solutions to this difficult Clinic are many and richly layered,” says Car- issue. oline Wilshusen (’07), a former student who And, once again, the experience has been was at the event, along with Rebecca Headen valuable for Maine Law students: “My work “I experienced how critical a zealous advocate to address and eradicate racial discrimination Clinical Professor Christopher Northrop. is in the life of a child in that it empowers a within the juvenile justice system in Maine child, and enables the court to hear the child’s gave me a deep appreciation of how posi- story. I understand how critical these elements tive social change happens – it is incremental Another significantly underserved group of are to the goals of the juvenile code in order to and demands perseverance – but it is possible adolescents are those who, due to cognitive dis- craft a result that serves the child and society as through collaboration and hard work,” says abilities, mental health issues and/or immaturity, a whole. The Juvenile Justice Clinic provided Robyn Merrill (’08). “My time at the clinic cannot understand the delinquency process or a foundation of information and experiential inspired me to continue working toward sys- assist in their own defense. With the explosion learning that continues to inform my practice tematic change, instilling a belief that the sys- of quality research about adolescent brain devel- with each child I serve.” ML tem can be improved to work better for all opment in the last decade, the issue of juvenile people.” competency has emerged across the country. Christopher Northrop is Clinical Professor As in many states, Maine’s Juvenile Code at the University of Maine School of Law. He A child’s best interest does not directly address this problem. The was appointed initially in 2006, and founded The clinic added two more policy projects Criminal Law Advisory Committee is in the and directs the Juvenile Justice Clinic. Profes- this academic year. Mike Dixon (’11) noticed a process of drafting legislation to close this gap. sor Northrop is President of the New England crisis of conscience in many attorneys defend- Joe Zamboni (’11) has joined the working Juvenile Defender Center (housed at the Law ing juveniles. Although good defense work re- group responsible for assisting the committee. School) and a nationally recognized expert in lies on defenders zealously representing their He is working with leaders from the defense bar, juvenile justice.

“In my time at the Juvenile Justice Clinic I was able to work on policy and directly represent children. Now that I work primarily in policy, I realize how important that experience was – in a legal universe where the people who practice and the people who strategize are often detached and sometimes divided, learning and practicing as I did at the clinic prepared me for fluency in both worlds.” – Rebecca Headen (’07)

MAINE LAW MAGAZINE SUMMER 2011 25 FACULTY ACCOMPLISHMENTS

Prof. David Prof. Rita Heimes, Cluchey published Director of the Center “The University of a review of the book, for Law & Innovation, Maine School of Climate Finance: spoke in November on Regulatory and Funding Intellectual Property Law has emerged Strategies for Climate Rights at the Invention Change and Global to Venture Conference at nationally as a Development (Richard the University of Maine. center of intellectual B. Stewart et al., eds, Prof. Heimes’ article, NYU Press 2009) “Ocean Management excellence and entitled “Seeking a Unified Field of Climate & Planning in the United States: From expertise, thanks Finance,” in the Ocean and Coastal Law Competition to Cooperation,” based Journal (2010). on presentations she made in 2010 at to robust research, the University of Nantes in France, will publication, teaching, Prof. Christine appear in the journal Annuaire de Droit Galbraith’s article, Maritime et Oceanique in 2011. Prof. and service by our “Access Denied: Improper Heimes published “Ocean Planning and professors.” Use of the Computer the Gulf of Maine: Exploring Bi-National Fraud and Abuse Act Policy Options” in Vol. 15 of the Ocean – Peter Pitegoff, Dean to Control Information and Coastal Law Journal, co-authored on Publicly Accessible with Prof. Lucia Fanning of Dalhousie Internet Websites,” University. Prof. Heimes chaired a panel was listed in October in November on intellectual property on the Social Science clinics and pro bono legal services at the Research Network’s Top Ten download list Intellectual Property Empowerment Summit for Intellectual Property: eJournal. As of hosted by the Intellectual Property and October, the article had been downloaded Social Justice Institute of Howard Law 247 times. The article originally was School. Prof. Heimes and the Center for published in 63 Md. L. Rev. 320 (2004). Law and Innovation hosted a sold-out conference on data privacy and security Prof. Malick issues (Data Security and Management in Ghachem’s book, Global Commerce) in Portland in August. The Old Order and the Featured speakers included law school Haitian Revolution alum and adjunct professor Trevor Hughes, will be published by Magistrate Judge John Facciola, and Cambridge University Woods Abbott, counsel to Raytheon Corp. Press in 2011. He The event signaled the launch of the law published “Of ‘Scalpels’ school’s collaboration with the International and ‘Sledgehammers’: Association of Privacy Professionals to offer Religious Liberty and educational content and training in privacy the Policing of Muslim Charities in Britain law to students, businesses, and the local and America Since 9/11” in the UCLA legal community. Journal of Islamic and Near Eastern Law. He delivered the keynote speech, “Race, Reentry, Prof. Lois R. and Immigration” at a conference entitled Lupica has continued Corrections, Community, and Reentry, her work as principal co-sponsored by the Law School, the investigator on a NAACP Portland, the Maine Department national study of the of Corrections, and the Crime and Justice consumer bankruptcy Institute at Community Resources for Justice system sponsored by the in Portland in October, 2010. His article, American Bankruptcy “Prosecuting Torture: The Prudential Ethics Institute (ABI). She of Slavery in Eighteenth-Century Haiti,” has published “The Costs of been accepted for publication in the Law and BAPCPA (the Bankruptcy Abuse Prevention History Review. and Consumer Protection Act of 2005): The Pilot Study” in the ABI Law Review, Volume 18 (2010). (See the story on Page 20 to learn more.) She was the keynote speaker

26 MAINE LAW MAGAZINE SUMMER 2011 FACULTY ACCOMPLISHMENTS at the ABI Detroit Consumer Bankruptcy Prof. Charles Prof. Dave Owen’s new article, Conference in November on “The Costs Norchi, Director of “Critical Habitat and the Challenge of of BAPCPA-Empirical Evidence of How the Marine Law Institute, Regulating Small Harms,” will be published the Bankruptcy System is Working.” In presented in Hong in the Florida Law January, she spoke on “The New Consumer Kong at the Second Review in fall, 2011. His Bankruptcy System” as the keynote speaker Annual Conference on article, “Urbanization, at the ABI Northeast Consumer Bankruptcy the New Haven School Water Quality, and the Conference in Boston. She spoke on a panel of Jurisprudence co- Regulated Landscape,” on the topic of “Seismic Shifting: Bankruptcy sponsored by the City which is forthcoming in in a Time of Change,” with the Hon. James University of Hong Colorado Law Review, B. Haines, U.S. Bankruptcy Judge, at a Kong School of Law and Yale Law School was selected from a conference of the Maine State Bar Association on “International Agreements and the competitive field for in Augusta in September. She presented New Haven School: Territorial Disputes the environmental law “The Impact of BAPCPA on High Volume and Colonial Boundary Instruments,” in panel for the Stanford/ Consumer Bankruptcy Practice” before the November. He lectured on Afghanistan to Yale Junior Faculty Exchange, which took American Consumer Bankruptcy College in the 45th Infantry Brigade Combat Team place in New Haven in June, 2010. Prof. Las Vegas in September. She presented “Data in the program, “Leader Development and Owen had an article accepted in the peer- from the Costs of BAPCPA Study: The Best Education for Sustainable Peace” held at the reviewed inaugural issue of the Watershed and the Worst of BAPCA” at the National Naval Post-Graduate School in Monterey, Science Bulletin. The article, “Collaboration, Conference of Bankruptcy Judges Annual Calif. in November. He spoke on “Customary Residual Designation Authority, and Meeting in New Orleans in October. Law and the Formal Legal System” at the Rule Collective Permitting: A Case Study of Long of Law in Afghanistan: Whose Law, Whose Creek,” was co-authored with Curtis Bohlen, Prof. Jeffrey Authority? Conference at Boston University in Zach Henderson, Christopher Kilton, and Maine published the September. He spoke on “Afghanistan: Decline Peter Glaser (’10). Prof. Owen presented Second Edition of his and Renewal?” at the World Affairs Council of “The Curious Case of Critical Habitat” book, The Fundamentals Maine in September. He presented a paper, and “Urbanization, Water Quality, and of Federal Taxation, “World Order and Failed States: Strategy the Regulated Landscape” at Vermont Law Carolina Academic Press and the Common Interest,” at a conference School in October, 2010. 2010. Prof. Maine’s at the U.S. Naval War College in Newport, article, “The History R.I. in July. He presented “Sovereign and Dean Peter of Intellectual Property Maritime Claims in the East Asia Sea” at the Pitegoff, with Law Taxation: Promoting History and Asia: Policy Insights and Legal School Board of Visitors Innovation and Other Intellectual Property Perspectives Conference in September at the Chair Dan Boxer, Goals” was accepted for publication in the Center for Strategic and International Studies published an article on Southern Methodist University - Dedman in Washington D.C. He spoke in October June 20, 2010 in the School of Law Review. His article, “Equity on “Appraising Dokdo: Collective Memory Maine Sunday Telegram and Efficiency in Intellectual Property and Boundary Claims” and chaired a panel, on the front page of the Taxation,” co-authored with Prof. Xuan- “Values and Leadership,” at the Annual Policy Insight section, entitled, Thao Nguyen, was published in the Brooklyn Sciences Institute at Yale Law School. “Big Business: Losing Law Review in December 2010. Prof. Maine the fight to do right,” on the importance published a supplement to his treatise Clinical Prof. of corporate ethics. (www.pressherald. Intellectual Property Taxation: Transaction Chris Northrop com/opinion/big-business_2010-06-20. and Litigation (BNA BOOKS) in late 2010. presented “Holding the html.) Dean Pitegoff and Boxer are co- His article “The Fundamentals of Wealth Juvenile Justice System chairs of the law school’s Governance and Transfer Tax Planning: 2011 and Beyond,” Responsible to Youth of Ethics Symposium Series. Boxer is an co-authored with Prof. John A. Miller, has Color” at the Juvenile adjunct professor at the law school and been accepted for publication in the Idaho Defender Leadership former chief administrative officer for Law Review. His article “The Unequal Tax Summit in Washington, Fairchild Semiconductor. Dean Pitegoff, Treatment of Intellectual Property” has been D.C. in October. This with Meghan Higgins, the 2010 Linda accepted for publication in Tax Notes, a presentation included Smith Dyer Law Fellow at the Maine leading magazine on tax policy, commentary, discussion of the work that clinic students at Women’s Policy Center (Maine Law Class and news. He presented his article, “Equity the law school have done over the past four of 2012), published an opinion piece on and Efficiency in Intellectual Property years on the project on Disproportionate June 24, 2010 in the Portland Press Herald, Taxation,” at the 10th Annual Intellectual Minority Contact that he is working on entitled “Supreme Court justice’s job so Property Scholars Conference, hosted by the with the Muskie School of Public Policy. He important, everyone should care.” (www. Berkeley Center for Law & Technology in served on the faculty for the Mississippi Youth pressherald.com/opinion/supreme-court- Berkeley, Calif., in August, and at the John Defender Conference and helped develop the justices-job-so-important-everyone-should- Marshall Law School in Chicago in October. curriculum for that conference in September. care_2010-06-24.html).

MAINE LAW MAGAZINE SUMMER 2011 27 FACULTY ACCOMPLISHMENTS

Prof. Martin Prof. Deirdre M. Prof. Jennifer Rogoff received an Smith, Director of the Wriggins made a Honorary Doctorate Cumberland Legal Aid presentation on her book, from the Universitè Clinic, will publish her The Measure of Injury: du Maine in Le Mans, new article, “Diagnosing Race, Gender, and Tort France in 2011. Liability: The Legal Law (NYU Press 2010), His book, French History of Posttraumatic co-authored with Martha Constitutional Law: Stress Disorder,” in the Chamallas, in January to Cases and Materials Temple Law Review in the State-Federal Judicial (Carolina Academic fall, 2011. She recently Council in Augusta. Prof. Press 2011) was published in December, completed the 2010-2011 Supplement to the Wriggins delivered Maine Law’s annual 2010. He published an article “La théorie book, Psychiatric & Psychological Evidence, Constitution Day lecture, “Constitutional du droit et l’histoire du droit aux États- (3d), by Daniel W. Shuman (Thomson Law and Tort Law: Injury, Race, and Equal Unis: Une conciliation?” in 51 Archives Reuters). Protection,” in September. The lecture has de philosophie du droit 420-441 (2010). been published in Vol. 63 of the Maine Law His article in Italian on conflict of laws, PROF. THOMAS Review. Prof. Wriggins gave a presentation “L’approccio delle Corti statunitensi alla WARD’S book entitled “Including Race in the First-Year scelta della legge applicabile” was published Intellectual Property in Torts Curriculum” at the Association of in the journal Diritto e Politiche dell’Unione Commerce, 2010-2011 American Law Schools’ Mid-Year Workshop Europea. His article in Italian on the 2008 ed. was published by on “Post-Racial Civil Rights Law, Politics U.S. presidential election, “Riflessioni sul West in 2011. The book and Legal Education: New and Old Color sistema elettorale presidenziale statunitense explores the intersection Lines in the Age of Obama,” in New York e sull’elezione presidenziale del 4 novembre of commercial law and City in June. Prof. Wriggins was part of an 2008” appeared in a collection of essays intellectual property law Author-Meets-Reader Panel at the Annual entitled Law presidenze Obama nel by analyzing four main Meeting of the Law & Society Association in sistema constutionale statunitense: novita e areas. Prof. Ward examines intellectual property Chicago in May that discussed The Measure riconferma published by the journal Ressegna as a commercial asset. Next, he evaluates of Injury. di diritto pubblico europeo. He published intellectual property as collateral, and how a review of the book, Maritime Boundary intellectual property law can pose artificial Prof. Mel Zarr Disputes, Settlement Processes and the Law of impediments to efficient debt financing for continued his work on the Sea (Seoung-Yong Hong and Jon Van technology-based enterprises. Then, he covers the Maine Supreme Dyke, eds., Leiden & Boston, Martinus the complexities of foreclosure and creditor Judicial Court’s Advisory Nijhoff Publishers. 2009) entitled “An realization on intellectual property. Finally, he Committee on the Rules Overview of Existing Maritime Boundary considers bankruptcy issues and their affect on of Criminal Procedure. Disputes and Recommendations for their intellectual property assets. In summer 2010, they Settlement” in the 2010 Ocean and Coastal drafted and reviewed Law Journal. Prof. Nancy rules and amendments Wanderer has been to accommodate the Prof. Sarah instrumental in guiding increasing unification of criminal dockets Schindler’s new the revisions of the in District and Superior courts of Maine. article, “The Future of Uniform Maine Citations, Prof. Zarr has served on this committee Abandoned Big Box 2010 Edition, which are for the past 35 years. He also served as a Stores: Legal Solutions now entirely online and member of the Maine Legislature’s Criminal to the Legacies of Poor posted at the following Law Advisory Commission, which reviews Planning Decisions,” site on the Maine Law pending bills, offers amendments to conform has been accepted by the Review website: mainelaw. to the basic structure and purposes of the Colorado Law Review. maine.edu/academics/maine-law-review/ Criminal Code and engages in special She also finished a policy uniform-maine-citation.html. Attorneys projects at the legislature’s request. They have paper, “Encouraging Private Investment Charles Leadbetter, Michael Seitzinger, and been engaging in a systematic review of the in Energy Efficiency,” for the Center for Justice Donald Alexander also were involved Criminal History Record Information Act. Energy and Environmental Law at the in this project. University of Connecticut School of Law, in January, 2011.

28 MAINE LAW MAGAZINE SUMMER 2011 University of Maine School of Law Annual Philanthropy Report 2009-2010 Alumni University of Maine School of Law Foundation Honors Board of Directors Three esteemed Maine Law alumni received well- Officers Peter J. DeTroy III ’72 Pasquale F. Maiorino ’73 Partner, Norman Hanson Of Counsel, Trafton deserved honors from their David J. Evans ’78’ & DeTroy & Matzen alma mater this year. The Law President Portland, ME Auburn, ME School faculty selected David Partner, Clifford Chance Washington, DC Ben Devine, ‘87 Craig H. Nelson ’69 Evans, (’78), partner at the Great Island Development Senior Partner, Doyle law firm Clifford Chance and Jean M. Deighan ’76 Group & Nelson President of the University of Vice-President President, Deighan Associates Boston, MA Augusta, ME Maine School of Law Foun- Bangor, ME Hon. Caroline D. Glassman Kenneth S. Spirer dation, as recipient of the L. Michael R. Currie ’80 Retired Associate Justice, Retired, Portland, ME Kinvin Wroth Distinguished Treasurer Maine Supreme Judicial Court Paula D. Silsby ’76 Alumnus Award. Managing Director, Portland, ME Retired, Portland, ME The Maine Law Alumni HM Payson & Co. John W. Gulliver Ira J. Waldman ’76 Association presented Portland, ME Partner, Pierce Atwood Partner, Cox, Castle Rosalyne Bernstein (’86), Peter C. McKenney ’77 Portland, ME & Nicholson philanthropist and community Secretary Steven A. Hammond ’77 Los Angeles, CA leader, with its Distinguished Retired, Partner, Hughes Hubbard Ex Officio Service Award. Cumberland Center, ME & Reed Peter Pitegoff The Women’s Law As- New York, NY Directors Dean, University of Maine sociation of the University of Eleanor M. Baker ’78 David B. Hawkes ’69 School of Law Maine School of Law pre- Owner and Consultant, Principal, Baker Newman Elena Brandt sented its 2010 Outstanding Triplehawk, Inc. & Noyes Director of Development & Alumna Award to Alice Clifford Winter Harbor, ME Portland, ME Alumni Relations (’88), Assistant District Attorney Rosalyne Bernstein ’86 James A. Houle ’81 University of Maine for Penobscot and Piscataquis Retired, Portland, ME Partner, Bernstein Shur School of Law Counties in Maine and an Portland, ME James M. Bowie ’77 Cornelia S. Fuchs ’90 expert in domestic violence Partner, Thompson & Bowie Robert A. Laskoff ’70 President, University of Maine prosecutions. Portland, ME Senior Partner, Laskoff Law Alumni Association & Associates Martha Casey ‘82 Lewiston, ME Partner, O’Neill Athy & Casey Washington DC

We want to hear University of Maine Law Alumni Association from you Board of Directors Share your news about Officers Directors Ex Officio new jobs, honors & awards Cornelia Fuchs ’90 Sarah E. Ashby ‘02 Peter Pitegoff and milestones in upcoming President Andrew J. Bernstein ‘80 Dean Maine Law Publications Kelly Hoffman ’08 Frank H. Bishop, Jr. ‘06 Prof. Melvyn Zarr To share your news, Vice President Faculty Representative Sarah McCready Boston ‘03 please contact Mary Roy, Bruce McGlauflin ’96 Elena Brandt J. Bradford Coffey ‘92 Assistant Director of Devel- Treasurer Director of Development & Peter J. DeTroy III ’72 opment and Alumni Rela- M. Thomas Trenholm ’08 Alumni Relations tions, by e-mail at mroy@ Secretary Domna Giatas ‘88 Mary Roy usm.maine.edu; or by phone Paul J. Greene ‘07 Assistant Director of Develop- at (207) 228-8411. You can Beth Harris Hoffman ‘08 ment & Alumni Relations also log on to the Maine Law Steven G. Saunders ‘92 Tina Claypoole Alumni Community at www. Wil Smith ‘06 Financial Manager mainelawalum.org and click Victoria Silver ‘12 Ilse Teeters-Trumpy ‘06 on “My Class Notes,” located President, SBA at the top of the home page. Christine C. Vito ‘93

30 MAINE LAW MAGAZINE SUMMER 2011 University of Maine School of Law and Maine Law Foundation Funds Selected Speakers (2010-2011) Generous supporters of Maine Law helped make Endowed Funds the following presentations possible at Maine Law. American College of Trial Lawyers Libra Professorship Fund Julius “Jack” Getman. Sept. 13, 2010. Renowned labor law scholar (ACTL) Trial Advocacy Fund Gov. James B. Longley Memorial and activist and the Earl E. Sheffield Regents Chair Professor of Law Kenneth and Marjorie C. Baird Scholarship Fund at the University of Texas at Austin Law School. Memorial Scholarship Macdonald Family Scholarship Jennifer B. Wriggins. Sept. 17, 2010. The Sumner T. Bernstein Dudley Baldwin Book Fund Fund Professor of Law at the University of Maine School of Law Laurie L. Balmuth Scholarship Merle W. Loper Fund for —Constitution Day Lecture. Fund International Programs Jeffrey A. Thaler. Sept. 22, 2010. Environmental Law Expert and Israel and Sumner Bernstein Maine Law Foundation shareholder at Bernstein Shur in Portland. Memorial Scholarship Fund Professorship Fund Stephanie Showalter & Melissa Trosclair Daigle. Sept. 27, 2010. Sumner T. Bernstein Professorship Maine Law Foundation Director of the National Sea Grant Law Center, and Legal Director at of Law Scholarship Fund the Louisiana Sea Grant Center, respectively. Bernstein District Court Maine State Bar Legal Education USPTO Director David Kappos. Oct. 8, 2010. U.S. Undersecretary Fellowship Fund & Trust Fund of Commerce for Intellectual Property and Director of the U.S. Patent William Bingham Scholarship Vincent L. McKusick Diversity and Trademark Office. Fund Fellowship Dr. Christina Hoff Sommers. Oct. 18, 2010. Resident Scholar at Bride Family Fund for Business, David Santee Miller Memorial the American Enterprise Institute for Public Policy Research. Entrepreneurship and the Law Scholarship Fund Governor . Oct. 20, 2010. Former two-term Governor of Class of 1971 Memorial New Hampshire Scholarship Fund Maine and an attorney at Bernstein Shur Government Solutions. Scholarship Fund Osher Scholarship Fund Laura Underkuffler. Oct. 22, 2010. J. DuPratt White Professor of Class of 1973/Glassman Faculty Pierce Atwood Scholarship Fund Law at Cornell and the Distinguished Edward S. Godfrey Visiting Research Scholar Fund Professor at Maine Law in Fall 2010. Justice Harold J. Rubin Class of 1976/David D. Gregory Scholarship Fund Stephen Oleskey. Oct. 26, 2010. Boston-based partner in the Library Acquisition Fund international law firm WilmerHale, and 18th Annual Frank M. Coffin Justice Abraham M. Rudman Lecturer on Law and Public Service. Class of 1979/David D. Gregory Scholarship Fund Scholarship Fund Professors Odile Delfor & Valerie Bore Eveno. Oct. 27, 2010. Shur Frinsko Award for Municipal Environmental and public law professors at Nantes University in France. Frank M. and Ruth Coffin Fund Law and Local Governance for Law and Public Service Dr. Harris Gleckman. Nov. 1, 2010. Consultant to the United Nations Charles W. Smith Memorial Fund Philip M. Dusini Scholarship and a project director for the Institute for Environmental Security. Fund Levi M. Stewart Fund Greg LeRoy. Nov. 16, 2010. Founder and executive director of Good Elliott Family Scholarship Fund TD Banknorth Scholarship Fund Jobs First, which promotes corporate and government accountability in economic development. Richard H. Fay Memorial Thompson Fund Scholarship Fund Lewis V. Vafiades Scholarship Fund David Ray. Feb. 9, 2011. Shareholder at Bernstein Shur and chair of the firm’s Construction Group. Donald L. Garbrecht Law Library Verrill Dana Public Service Endowment Fund Fellowship Megan Hannan. Feb. 16, 2011. Public Affairs Director for Maine for Planned Parenthood of Northern New England. Justice Harry P. Glassman Justice Elmer H. Violette Fund for Memorial Scholarship Fund International Programs Dana Totman. March 15, 2011. President and CEO of Avesta Housing. Edward S. Godfrey Fund Violette/Lombard Scholarship Panel Discussion: Egypt in Transition. March 28, 2011. Maine Law Fund hosted a World Affairs Council panel discussion on Egypt in Transition: Morris and Sylvia Greenberg What does it mean for the Arab World and for US Policy? Panelists: Dr. Daniel E. Wathen Writing Prize Scholarship Fund Selma Botman, President of the University of Southern Maine, Mahmud Charles A. Harvey Jr. Fellowship Wernick Legal Writing Prize Faksh, Professor in the Department of Political Science at the University of Arlana K. and Pierce B. Hasler Betsy and Peter Wiley Scholarship Southern Maine, Charles Dunbar, retired US Ambassador, and Kathleen Memorial Fund Fund Kinawy Sutherland, researcher on Egyptian society. Horace S. Libby Memorial Fund Woodcock Family Scholarship Fund David Littell. April 1, 2011. Former Commissioner of the Maine Department of Environmental Protection and current Chairman of the Maine Public Utilities Commission. Non-Endowed Funds Tim Sandefur. April 6, 2011. Adjunct scholar at the Cato Institute and a Principle Attorney at the Pacific Legal Foundation in Alumni Association Scholarship Gignoux Special Collection Library Sacramento. Fund Fund David Shaw. April 13, 2011. Managing partner at Black Point Group. Richard H. Armstrong Scholarship Edward T. Gignoux Memorial Fund Eric Biber. May 9, 2011. Environmental law expert and professor at Henry N. Berry III Law Student Edward S. Godfrey Loan Fund the University of California at Berkeley Boalt Hall School of Law. Loan Fund Merle W. Loper Loan Fund Cynthia Mabry. May 15, 2011. Professor at Howard University Cumberland Bar Association Norwood Loan Fund School of Law, and an expert in family law. Fellowship Maine Public Interest Fellowship Judge D. Brock Hornby. May 21, 2011. Federal judge in the United George P. Davenport Loan Fund Fund States District Court for the District of Maine, delivered the keynote address at this year’s University of Maine School of Law Graduation. Mary Smith Dyer Fellowship Fund Simmons Emergency Loan Fund

MAINE LAW MAGAZINE SUMMER 2011 31 2009-2010 Annual Fund

The sustained and growing support of the Annual Fund from our Alumni and Friends allows us to provide scholarship aid, summer fellowships, clinical programs and vibrant student life at the Law School. In 2009-2010, more than $487,000 was raised by 790 donors for the Annual Fund.

Support for the Law School, 2009-2010 Total Giving (Capital Gifts, Annual Fund Gifts and Program Grants): $487,094

Annual Fund Annual Fund Donors Results for Fiscal Year Ending June 30, 2010:: Annual Fund Goal $365,000 Annual Fund Raised $487,094 Alumni Total Number of Donors 790 Average Gift $545 Foundations and Corporations Law Firms and Other Organizations

Friends Total Giving Total Giving by Donor Categories Results for Fiscal Year Ending June 30, 2010: Donors % Giving % Alumni 609 77 $150,373 31 Law Firms and Other Organizations Friends 128 16 $40,554 08 Foundations & Corps 12 02 $79,532 16 Alumni Law Firms & Other 41 05 $216,635 45 Organizations Friends Totals 790 $ 487,094 Foundations and Corporations

This report delineates gifts and pledges received between July 1, 2009 and June 30, 2010. Any gifts or pledges received after June 30, 2010 will be included in the 2010-11 Philanthropy Report. Every effort has been made to ensure the accuracy of this report. We regret any errors or omissions and request that you contact Maine Law’s Development and Alumni Relations office at 207-780-4342 or at [email protected] with any changes so that we can correct our records.

32 MAINE LAW MAGAZINE SUMMER 2011 Support 790 donors contributed more than $480,000 to the University of Maine School of Law in 2009-2010.

Thank You 2009-2010 Donors On behalf of all Chairman’s Club Drummond Woodsum & Prof. Christopher Northrop of our students $10,000 and above MacMahon Francis J. O’Toole ’70 at Maine David J. Evans ’78 Dean Peter Pitegoff and Ann French American Cultural Thomas W. Hennen ’73 Casady Exchange Law who Law Office of Joe Bornstein, Joe Unum Matching Gifts Program Maine Bar Foundation Bornstein and Deborah Aronson Hon. John K. Veroneau ’89 benefit from Maine Civil Legal Services Fund Bornstein ’81 Pierce Atwood LLP Hon. John R. McKernan Jr. ’74 Dean’s Club annual gifts TD Charitable Foundation Amy N. Moore Ira J. Waldman ’76 $1,000 – $1,999 and grants, Eleanor M. Baker ’78 we thank Barrister’s Club Corrections to the 2008- Ronald S. Battocchi ’74 and Mary $4,000 – $9,999 2009 Annual Report: T. Bell ’74 you. Your Rosalyne Bernstein ’86 Dollie E. Ash • Beth Bernstein Schneider Stearns J. Bryant Jr. ’68 leadership, Laurie L. Balmuth ’80 and Michael Schneider Parke Burmeister ’10 Berman & Simmons PA in should have been listed in James W. Case ’74 commitment memory of Charles A. Harvey Jr. the Dean’s Club, not in the Martha L. Casey ’82 Bernstein Shur and financial Third Decade Club. Cloutier Conley & Duffett PA Campaign for Justice Maddy G. Corson support helped Steven A. Hammond ’77 • The Elliott Family Charles L. Cragin ’70 Hollings Center for International Scholarship Fund was Jean M. Deighan ’76 and Glen L. us continue to Dialogue inadvertently omitted from Porter ’78 Robert A. Laskoff ’70 the list of Endowed Funds provide access Peter J. DeTroy III ’72 and Mary of the University of Maine R. Roy to educational Solicitor’s Club School of Law and Maine Robert S. Frank in memory of $2,000 – $3,999 Law Foundation. Charles A. Harvey Jr. opportunities Aroostook County Bar Association • The Macdonald Family Barbara E. Gauditz ’87 for our current Boeing Matching Gift Program Scholarship Fund was Hon. Caroline D. Glassman James M. Bowie ’77 and Sarah inadvertently omitted from Francis M. Jackson ’77 and future Downs Bowie ’77 the list of Endowed Funds Deborah A. Keefe ’77 and John E. Daniel Boxer of the University of Maine Sedgewick ’77 students. Covington & Burling LLP School of Law and Maine Prof. Colleen A. Khoury and Paul F. Driscoll ’81 and Hon. Beth Law Foundation. David Karraker Dobson ’80 Margaret Cushing Lavoie ’87

MAINE LAW MAGAZINE SUMMER 2011 33 Mark G. Lavoie ’78 in memory of John A. Hobson ’83 Dorothy M. Wentworth ’94 Oncology in memory of Charles Charles A. Harvey Jr. Geoffrey H. Hole ’72 Prof. Melvyn Zarr A. Harvey Jr. Annmarie Levins ’83 J. Trevor Hughes ’95 Gerard V. Zarrilli Steven R. Gerlach ’06 Kevin G. Libby ’79 Rendle A. Jones ’67 Barry Zimmerman ’70 Germani Martemucci Riggle & Maine State Bar Association Charles J. Kean III ’76 Hill Michael K. Martin ’89 Jeffrey Knuckles Challenge Club Nicholas M. Gess ’81 John A. McCauley ’87 Norman S. Kominsky ’94 $250 – $499 Laurie A. Gibson ’84 Peter C. McKenney ’77 Donald M. Kreis ’93 Mr. and Mrs. Edward Gignoux Jr. Microsoft Corporation Lambert Coffin Leonard Agneta Phyllis G. Givertz ’74 Carol L. Mitchell ’88 Catherine A. Lee Thomas G. Ainsworth ’74 and Hon. Peter J. Goranites ’73 Craig H. Nelson ’69 Anne Lucey ’91 Kathryn Monahan Hon. Ellen Gorman Robert V. O’Brien Jr. ’79 Robert F. Macdonald Sr. ’69 Ainsworth ’76 Ronald J. Graff ’87 Anne E. O’Donovan ’91 and Prof. Jeffrey A. Maine John B. Andrews ’71 Michael S. Haenn ’79 Dennis J. O’Donovan ’91 Patrick C. Maxcy ’99 Anonymous Jonathan S. Handelman ’05 Gregory W. Powell ’80 Gerard S. McAuliffe ’71 Louise Arkel ’94 William H. Hanson ’82 Heidi M. Pushard ’10 Elek Miller ’10 Krista E. Atwater ’01 William P. Hardy ’73 Roger A. Putnam Monaghan Leahy LLP David B. Auclair ’84 Erik J. Heels ’95 Hon. Paul L. Rudman Thomas A. Mullen James P. Aucoin ’91 Stephen Hessert ’77 Beth Bernstein Schneider and Tina H. Nadeau ’10 Ritchie E. Berger ’81 Joseph M. Hochadel ’74 Michael Schneider in memory Robert A. Nagy ’72 Ellen S. Best ’81 Hon. D. Brock Hornby and of Sumner T. Bernstein and in Norman Hanson & DeTroy LLC Robert J. Bocko ’85 Helaine C. Hornby honor of Rosalyne Bernstein Petruccelli Martin & Deborah A. Buccina ’81 Martha W. Howell ’74 Deborah Shaw ’91 Haddow LLP Paul S. Bulger ’85 J.B. Brown & Sons Kathryn E. Shorr ’10 Jonathan S. Piper ’76 M. Thomasine Burke ’90 Jackson & MacNichol Ryan K. Stafford ’94 Preti Flaherty Hon. Michael P. Cantara ’81 Dina A. Jellison ’92 and John J. Jay F. Theise ’70 Peter H. Priest ’80 Everett B. Carson ’77 Wall III ’92 Gary F. Thorne ’73 Michelle Bushey Jensen ’93 Mrs. Marian Vafiades Bruce M. Jervis ’77 Vafiades Brountas & Kelly Remmel & Zimmerman Kominsky LLP Frank S. Kipp ’74 in memory of Kurt E. Vragel Jr. ’73 Charles A. Harvey Jr. Peter M. Weatherbee ’68 Edward W. Klein ’79 Ms. Cerita Wilson in memory of Thomas R. Kolb Stuart Wilson Laskoff & Associates Hon. John A. Woodcock Jr. ’76 Thomas G. Leahy ’74 and Kathryn Longley-Leahy ’82 Third Decade Club Thomas A. Loureiro ’97 $500 – $999 Macy’s Inc. Matching Gifts Program Michael C. Augustini ’95 and Pasquale F. Maiorino ’73 Hope Hall Augustini ’94 John P. Maley ’68 Brett D. Baber ’85 Barbara J. Mantegani ’80 Monica M. Bigley ’91 and Andrew Nancy C. McBrady ’07 L. Black ’94 Marcia Metcalf ’92 Daniel Billings ’03 Elaine M. Michaud ’93 Hon. George N. Bowden ’74 Paul H. Mills ’77 Michael Burian ’10 Carolyn DeGrinney Mitchell ’96 Anne M. Carney ’90 and Daniel J. Mitchell ’96 David A. Chase II ’88 Hon. John H. Pursel ’70 Edgar S. Catlin III ’81 Clifford J. Moore Jr. ’84 James Christianson ’10 Robert B. Ravenelle ’87 Christian T. Chandler ’89 Robert A. Moore ’74 Janis Cohen ’80 Kathryn A. Reid ’92 Philip M. Coffin III ’81 and Susan Joy Moore ’07 Robert H. Conkling ’96 Peter J. Richard Jr. ’10 E. Peck ’81 Stephen W. Moriarty ’78 Neal C. Corson ’79 Prof. Alison Rieser Hon. Roland A. Cole ’68 Peter L. Murray in memory of Michael R. Currie ’80 Robinson Kriger & McCallum J. Michael Conley III ’70 Charles A. Harvey Jr. Edward David M.D. ’87 Heather B. Sanborn ’07 Eugene C. Coughlin III ’70 Timothy H. Norton ’88 Edward F. Day Jr. ’73 Jacqueline Sartoris ’10 Anne H. Cressey ’88 Gary J. Norton ’74 Bernard M. Devine Jr. ’87 Susan M. Schultz ’89 Ronald J. Cullenberg ’71 Marc C. Owen ’73 Arthur R. Dingley D.O. ’79 Prof. Deirdre M. Smith ’94 Geoffrey K. Cummings ’82 Prof. Dennis M. Patterson Hon. Wayne R. Douglas ’79 Kenneth S. Spirer and Joan Richard L. Currier ’80 Richard M. Peirce ’71 Diane Dusini ’87 Leitzer M.D. Donnelly S. Douglas ’78 Susan A. Pereira ’97 Joseph A. Farrell ’89 Joanne B. Steneck ’87 R. Terrance Duddy ’80 Prof. Gerald F. Petruccelli Friedman Gaythwaite Wolf & James S. Stolley Jr. ’93 Patricia McDonough Dunn ’76 Roy T. Pierce ’92 Leavitt in memory of Charles A. Louise K. Thomas ’77 Mary Lou Dyer ’80 Hon. Paul T. Pierson ’72 Harvey Jr. Thompson & Bowie LLP Rebecca H. Farnum ’77 Ruth E. Plagenhoef ’80 John W. Gulliver Thomson Reuters Gregory L. Foster ’73 Anne Bowen Poulin ’73 Kristin A. Gustafson ’87 Christine C. Vito Ph.D. ’93 Douglas P. Franklin ’71 Michael J. Quinn ’88 David B. Hawkes ’69 Arlyn H. Weeks ’81 Friends and Colleagues at AGH Patricia Reynolds Regan ’83

34 MAINE LAW MAGAZINE SUMMER 2011 Richardson Whitman Large & Hon. G. Arthur Brennan Prof. Orlando E. Delogu Thomas R. Gibbon ’74 in memory Badger John W. Bride ’64 Mary A. Denison ’01 of Dean Emeritus Chris Ruge ’01 in memory of Robert S. Briggs ’73 David A. DiMuzio ’73 Edward S. Godfrey Stuart Wilson Hon. William S. Brodrick ’72 Dennis M. Doiron ’90 Donna M. Gingerella ’84 Hon. Ronald D. Russell ’72 David A. Bronson ’74 Douglas Denham Buccina Robert Girvan III ’10 Hon. James S. Russell ’78 Nathan Brown ’10 & Ernst Sharon Gwinn Gobat ’98 Michael V. Saxl ’98 Mary Kay Browne ’91 Jeremy Dowell ’10 Donna J. Godish in memory of Mary L. Schendel ’76 Nathaniel Bryans ’08 Thomas R. Downing ’78 and Charles A. Harvey Jr. Ronald W. Schneider Jr. ’96 Virgilia W. Bryant ’00 Margaret R. Downing ’78 Jonathan L. Goldberg ’97 Lei Shi ’98 Brenda M. Buchanan ’90 Robert G. Driscoll ’76 Russell J. Goldsmith ’90 Hon. Paula D. Silsby ’76 Prof. E. James Burke Stephen F. Dubord ’73 Seth Goodall ’05 and LeAnn Hon. Warren M. Silver Natalie L. Burns ’87 Hon. James P. Dunleavy ’68 Greenleaf ’05 Skelton Taintor & Abbott Kelly Busby ’05 Jane Campana Earley ’74 Vicki J. Gordan ’80 Chadbourn H. Smith ’70 Elizabeth R. Butler ’79 Robert L. Eddy Jr. ’69 Paul R. Gosselin ’76 Terry N. Snow ’73 Rita N. Calamari ’80 Hon. E. Paul Eggert ’78 Martha A. Grant ’81 Sonnenschein Nath & Hon. Susan W. Calkins ’70 Kris J. Eimicke ’06 Katherine Greason ’79 Rosenthal LLP James M. Callahan ’85 Richard W. Elliott ’65 Stephanie Green ’10 Hon. Marilyn E. Stavros ’80 Matthew E. Campbell ’91 Frederick C. Emery Jr. Greenhut Galleries of Maine Inc. Graydon G. Stevens ’77 Chelsey Carrier ’10 Elliott L. Epstein ’78 in memory of Charles Joan Sturmthal ’86 Ian M. Catlett ’00 Ronald A. Epstein ’77 and Eileen A. Harvey Jr. F. Mark Terison ’78 Paula Caughey ’90 M.L. Epstein ’78 Henry W. Griffin ’91 and James E. Tierney ’74 Alexandra E. Caulfield ’91 Genevieve Watson Faherty ’04 Elizabeth Eddy Griffin ‘92 Norman G. Trask ’88 Paul W. Chaiken ’74 Fairchild Semiconductor Gordon F. Grimes Vincent P. Veroneau ’06 Joceline D. Champagne ’99 Corporation Darya Haag ’10 Bing Wang ’94 in honor of Peter L. Chandler ’76 Deborah A. Fauver ’90 Harold C. Hamilton II ’76 and Christine Wang Michael Chiaparas ’79 Edward F. Feibel ’82 Hon. Margaret J. Kravchuk ’76 Hon. Daniel E. Wathen ’65 Robert and Dagmar Hamilton Prof. Jennifer Wriggins John L. Hammond ’75 Yiping Yang ’92 in memory of Evan M. Hansen ’84 Merle Loper Andrew Hastings ’10 Reid Hayton-Hull ’10 Century Club Charles C. Hedrick ’98 $100 – $249 Prof. Rita Heimes Andrew Helman ’10 Sherry L. Abbott ’04 Peter C. Herbst ’73 Steven W. Abbott ’91 David L. Herzer Jr. ’92 and Dana Albertson’s Inc. Gillespie Herzer ’00 Jill P. Allen ’89 Melissa A. Hewey ’87 Hon. & Mrs. Thomas H. Allen Michael H. Hill ’88 Michael G. Anderson ’10 Heidi Hoefler ’97 John A. Anderson ’93 Paul D. Hoffman ’93 Charles S. Andrews ’69 Mary L. Holm ’84 Miles F. Archer ’00 and Jennifer A. Donald S. Hornblower ’91 Archer ’00 James A. Houle ’81 Elizabeth A. Armstrong ’86 Paula House ’88 Jordan Arthur ’10 Prof. H. Cabanne Howard John E. Baker ’79 William H. Howison ’75 Courtney Barnett ’10 Sherry F. Huber Marya Baron ’10 Alisa Christopher ’10 Hon. Joseph H. Field ’76 Richard A. Hull III ’74 John R. Bass II ’78 Eve Hlavaty Cimmet ’81 Geoffrey M. FitzGerald ’85 Susan E. Hunter ’76 John Bean ’03 Monica A. Ciolfi ’86 Martin J. Foley ’78 Jonathan B. Huntington ’87 and Vickie Caron Bell ’91 Jeffery J. Clark ’80 Edmund R. Folsom ’84 and Anne LaCombe Huntington ’86 Timothy P. Benoit ’85 Roger A. Clement Jr. ’91 and Amy Lauren C. Folsom ’84 Hon. Joseph M. Jabar Sr. ’71 Henri A. Benoit II ’85 Tchao ’93 Jeanne A. Foy ’90 and William B. John James ’84 Margaret A. Bensinger ’84 Prof. David P. Cluchey Scarpelli ’91 Neil D. Jamieson Jr. ’88 Roger F. Blake ’59 Joanne F. Cole ’81 Alfred C. Frawley III ’76 Margaret T. Jeffery ’92 Sarah McCready Boston ’03 Joseph W. Corrigan ’00 Cornelia Fuchs ’90 Rupert J. Jennings III ’80 Rachel L. Bouchard ’96 James L. Costello ’91 M. Elizabeth Gallie ’87 Norine C. Jewell ’87 Andre D. Bouffard ’86 Robert L. Couturier ’70 Ariel Gamble ’10 Robert E. P. Jones ’91 Timothy H. Boulette ’99 Theodore S. Coxe Jr. ’92 Nell-Garwood M. Garvey ’06 Robert A. Jutras ’88 Joel F. Bowie ’72 Kevin T. Crilly ’88 John P. Gause ’95 Steven H. Kang ’06 Dylan Robert Boyd ’10 Curtis Thaxter Daniel Gayer ’10 and Sarah Janet K. Kantz ’91 Elizabeth L. Boynton ’74 Hon. Howard H. Dana Jr. Gayer ’08 Marikate E. Kelley ’89 Hon. Carl O. Bradford ’62 Martha L. Day ’96 Kristina Gefvert ’10 Hon. E. Mary Kelly Elena Brandt Armanda Beal Day ’96 Shaun M. Gehan ’02 John N. Kelly Richard F. Breen Jr. ’67 Dorcas H. Deans ’82 Sidney H. Geller ’63 Hon. MaryGay Kennedy ’80 Christina Valar Breen ’91 John P. DeGrinney ’95 Domna Giatas ’88 Katherine A. Kerkam ’06

MAINE LAW MAGAZINE SUMMER 2011 35 Phillip M. Kilmister ’63 Orla C. O’Callaghan ’96 Steven R. Smith ’81 Barbara Reid Alexander ’76 Karen G. Kingsley ’79 Joseph M. O’Connor ’90 Brenda C. Smith-Weiss ’84 Michelle Allott ’89 Kyle Kirby ’10 Charles W. Olcott ’03 Joshua E. Spooner ’00 John D. Alsop Jr. ’78 Prof. Christopher Knott Mary Saunders Oneglia ’03 Kristin St. Peter ’00 Anonymous Katherine R. Knox ’04 and Jess B. Heidi S. Osborn ’83 Heather Staples ’10 Prof. Angela Crossman Arey ’05 Knox ’04 Harold C. Pachios Timothy Steigelman ’10 Sarah E. Ashby ’02 James S. Kriger ’63 Pearce & Dow LLC Daniel J. Stevens ’88 Gene Auty ’88 Kristina Kurlanski ’10 John D. Pelletier ’85 William T. Stewart ’74 Timothy J. Bailey ’99 William O. LaCasse ’83 Mark Peltier ’10 Maryellen Sullivan ’94 Madge Baker ’75 David J. Lakari ’84 Robert C. Perkins ’77 Nathan S. Szanton ’90 Bank of America Matching Gifts Leonard W. Langer ’78 Rachael K. Pierce ’05 Edmond Tang ’90 Program Wendell G. Large Russell B. Pierce Jr. ’91 Gina Tangney Capt. James W. Bass ’06 John G. Lemoine ’88 David C. Pierson ’93 Annee H. Tara ’73 Hannah L. Bass ’06 Patricia A. Lerwick M.D. ’90 John J. Polak Jr. ’81 Paul R. Tardif ’93 Krisna M. Basu ’92 and Joshua D. Alan J. Levenson ’59 James D. Poliquin ’81 and Beth Carol Taylor Krell ’92 David J. Levesque ’97 Anne Poliquin ’82 Jeffrey A. Thaler and Karen Gretchen M. Bath ’81 Hon. Jon D. Levy Thomas J. Poulin ’88 Massey Jonathan S.R. Beal Joseph Lewis ’10 Thomas E. Powers ’84 Alan Thorndike ’76 Heidi A. Bean ’89 Jonathan Liberman ’10 Hon. Keith A. Powers ’73 Sarah Allison Thornton ’76 in Lisa Fitzgibbon Bendetson ’94 and Susan H. Livingston ’88 Roger P. Prince ’85 memory of Charles A. Harvey Jr. Eric Bendetson ’94 Bruce R. Livingston ’72 Nathaniel S. Putnam ’95 and Kevin J. Tierney ’76 David R. Beneman ’85 Carrie M. Logan ’07 Virginia Kozak Putnam ’91 Michael B. Trainor ’79 Louise A. Berlin ’95 Richard A. Lord ’65 Jane Surran Pyne ’85 Michael Thomas Trenholm ’08 Donald A. Bertsch Nicholas Lund ’10 Shawn Quinn ’10 Hon. Ralph L. Tucker Jr. ’74 Frank H. Bishop Jr. ’07 Prof. Lois Lupica Leslie Raber ’10 Darby C. Urey ’99 Christopher A. Blier ’07 Malcolm L. Lyons ’70 Joshua Randlett ’10 Hon. Vendean V. Vafiades ’85 Michael R. Bosse ’96 Andrew B. MacLean ’91 Alistair Y. Raymond ’06 Michael F. Vaillancourt ’00 Daniel W. Boutin ’80 Ignatius MacLellan ’85 Margaret B. Reid ’10 Richard E. Valentino ’60 Thomas C. Bradley ’92 Carter H. Manny III Samuel R. Reid III ’82 Verrill Dana LLP Sylvia F. Brewster ’88 John P. March Jr. ’92 Roberts & Shirley Kathryn L. Vezina ’90 Christopher M. Bride ’01 Thomas S. Marjerison ’93 Hon. John V. Romei ’75 Nicole Vinal Robert C. Brooks ’91 and Michele Carol A. Martel ’92 James Ross ’10 Matthew J. Walker ’01 Dorsey Brooks ’93 Simone D. Masse ’84 Roderick R. Rovzar ’73 Heather Seasonwein Walker ’01 Andrew Brown ’76 Cdr. Kent W. Mathews ’71 Samuel K. Rudman Professor Nancy A. Wanderer ’90 Dr. Jill L. Bubier ’78 and George Vicki M. Mathews ’93 Ellsworth T. Rundlett III ’73 Joseph A. Wannemacher ’77 W. Stone III ’78 Timothy P. McCormack ’01 Geoffrey A. Rushlau ’79 Warren Currier & Buchanan Sonia Buck ’05 Darcie N. McElwee ’98 Thomas A. Russell ’79 LLC PA Paul W. Cadigan ’90 and Marcia Bruce A. McGlauflin ’96 Donna M. Ryan ’88 Mrs. Helen Wasserman G. Cadigan Hon. Vincent L. McKusick and Frederick S. Samp ’75 and Brian W. Weber ’07 Jason S. Campbell ’05 Nancy G. McKusick Cushing Pagon Samp ’77 Delwyn E. Webster ’10 Julie Carp ’08 Elizabeth McLaughlin ’93 Andrew R. Sarapas ’98 Peter B. Webster Catherine L. Claypoole Patricia B. McNamara ’92 Joanne S. Sataloff ’77 John H. Weigold III ’96 Hon. Robert W. Clifford William H. Meanix Jr. ’79 Steven G. Saunders ’92 J. Julie Welch Alice E. Clifford ’88 and Terence Samuel H. Merrill ’75 George C. Schelling ’79 David West ’10 M. Harrigan ’88 William Milasauskis ’10 Hon. Louis Scolnik John M. Whalen ’71 James F. Cloutier ’79 Connie Fern Miller ’75 Severson Hand & Nelson PA John G. Wheatley ’07 Mark A. Cloutier ’81 Charles E. Miller ’79 Charles M. Sexton ’76 in memory Sharon M. Wheeler ’98 Susan B. Cole ’79 S. Peter Mills III ’73 and Hon. of Charles A. Harvey Jr. Chad Wilcox ’10 Gerard P. Conley Jr. ’79 Nancy Mills ’82 Jeffrey Shafto ’10 Lynn Wilcox William H. Coogan Ph.D. ’88 and Barry K. Mills Melinda P. Shain ’98 Elyse Wilkinson ’10 Kim Matthews ’75 Mills & Mills LLP Justin G. Sharaf ’65 Mark J. Winter ’98 Clifford B. Corson ’86 Ann H. Mohnkern ’79 Barbara G. Shaw ’94 Gary C. Wood ’75 Carmen L. Coulombe Peter Monahan ’92 Heidi Shealy ’92 Amanda Wood ’01 Dan Coyne ’05 and Stephanie David C. Morse ’10 Bruce N. Shibles ’87 John A. Woodcock III ’06 Williams ’05 N. Joel Moser ’10 Richard A. Shinay ’80 Elizabeth C. Woodcock ’88 Philip D. Cross ’86 Lawrence J. Mullen ’81 David H. Shove ’82 Hon. Patricia G. Worth ’79 Denis T. Culley ’03 Erin Murphy ’10 Adam Shub ’10 Wright & Mills PA Alicia F. Curtis ’06 Hon. Ann M. Murray ’82 Hon. Herbert T. Silsby II Jean D. Wulff ’93 Xing Dai 94 and Shanshan Murray Plumb & Murray David S. Silsby ’58 Christopher A. Wyskiel ’80 Zhou ’93 Tracy Nale ’10 David Sinclair ’10 John H. Zane ’93 Thaddeus V. Day ’97 Jeffrey A. Nathanson ’87 Hon. George Z. Singal Nancy C. Ziegler ’80 and Hon. Thomas G. Diebold ’92 Mary and Kenneth Nelson Paula N. Singer ’78 Kermit V. Lipez Morse W. Doane ’97 Leonard and Merle Nelson John W. Sitarz ’72 Amanda J. Doherty ’08 C.J. Marie Newman ’10 Wilbur Smith ’06 Advocate’s Club Carmen M. Dorsey ’89 Hon. John C. Nivison II ’85 Elizabeth H. Smith ’10 Up to $100 Martica Sawin Douglas ’77 Northeast Utilities Frances Dee Smith James A. Dowd II ’97 Murrough H. O’Brien ’75 Elting H. Smith Jr. ’87 Beth N. Ahearn ’88 Andre Duchette ’05

36 MAINE LAW MAGAZINE SUMMER 2011 Neale A. Duffett ’80 Kimball R. McMullin ’74 William R. Dunn ’79 Matthew T. Mehalic ’07 Thomas A. Dyhrberg ’83 Patrick J. Mellor ’98 and Rebekah David J. Ekelund Jr. ’00 J. Smith ’98 Robert L. Ellis Jr. ’86 Philip G. Mohlar ’90 Lauren H. Epstein ’04 Moncure & Barnicle John C. Everett Jr. ’76 Richard G. Moon Peter C. Felmly ’03 Sarah S. Murdough ’94 Debra Ferguson ’85 Katherine M. Murray ’00 Julia A. Finn ’90 and A. Robert Hon. Robert E. Murray Jr. ’88 Ruesch ’90 Steven D. Najarian ’90 Mark J. Fischler ’97 Edward Jeffrey Newcombe ’93 Mary M. L. H. Flint ’80 Charles L. Nickerson Martha E. Freeman ’80 Mary Frances O’Brien ’03 N. Paul Gauvreau ’75 Melissa Reynolds O’Dea ’96 Leonard Giambalvo Laura M. O’Hanlon ’92 Kenneth F. Ginder ’91 and Claire Michael J. O’Toole ’85 Adami Ginder ’91 James H. Ouimette ’77 Matthew S. Goldfarb in honor of Professor David Owen Hon. J Brock Hornby Keith R. Patterson ’92 Gifts in Memory Mary K. Gonya Brennan ’71 Brice C. Paul ’98 Mary Jane Good ’99 Roger O. Pederson ’98 of Hon. Frank M. Coffin Michael H. Griffin ’73 Edmund M. Pitts Katherine Griffin ’08 Harvey Prager ’94 Margaret S. Groban Katherine M. Ralston ’89 and 2007-08 Law Clerks of Hon. Joseph M. Levesque Jon Haddow ’90 Matthew Ralston Kermit V. Lipez David J. Halperin Frederic C. Rand ’01 and Loveitts Field Home Owners Floyd L. Harding Katharine I. Rand ’03 Jonathan and Nancy Aldrich Association Lorna J. Harmuth ’91 Caroline V. Rider ’74 Hon. Donald G. Alexander Maine State Bar Association Mary Bradley Hawkes ’92 and Joel B. Russ ’74 and Barbara Reid Blaine R. Hawkes ’92 Felicity A. Ryan ’07 Maine Trial Judges ’ Matthew C. Hayden ’01 Karla Black Salomao ’02 Alexander 76 Association Frank G. Helman Mary M. Sauer ’94 Douglas Baird Hon. and Mrs. Vincent L. Eric R. Herlan ’87 Prof. Sarah Schindler Michael S. Hirshberg ’69 Science and Art Inc. Nicole M. Bouvier McKusick David E. Hirtle ’07 Henry I. Shanoski ’98 (made in the name of Mr. and Mrs. Donald E. Kenneth T. Hoffman ’78 Kirk G. Siegel ’97 her aunt Mignonne B. Nicoll Kelly Hoffman ’08 and Elizabeth David P. Silk ’85 Bouvier, Judge Coffin’s Harris Hoffman ’08 Joshua Silver ’05 administrative assistant) Norman Hanson & Jennifer Holmes-Griffin ’99 Gregory H. Smith ’73 DeTroy LLC Muriel W. Britton Naomi H. Honeth ’80 Kenneth E. Snitger ’71 Mr. and Mrs. Robert Philip P. Houle ’70 Hon. ’85 Hon. William S. Brownell M. O’Neil David S. Humphries Sr. ’67 Jon C. Stanley ’95 ’71 Stephen P. Hyde ’77 Jennifer S. Sternick ’90 Penobscot County Bar David Kallin ’09 Peter H. Stewart ’80 David C. Burkey Zembsch Association James N. Katsiaficas ’84 and Telecom Pioneers of America in Clerks of Hon. Frank M. Donna M. Katsiaficas ’84 memory of Charles A. Harvey Jr. Arlene C. Pomeroy Coffin Katherine Kayatta ’09 Jason Robert Tiballi ’96 Hon. Justin L. Quackenbush Mary N. Kellett ’92 Karin R. Tilberg ’84 Mr. and Mrs. Richard F. Thomas R. Kelly ’92 Marshall J. Tinkle Coughlin Edward Raftery Arthur J. Lamothe ’87 Laura E. Tobin ’92 Barbara V. Randall Elizabeth LaPierre ’09 Jill Kaplan Tupper ’94 Catherine Farrell Pamela Knowles Lawrason Thomas G. Van Houten Mr. & Mrs. Stanley L. Eileen M. Reynolds Bruce A. Libby ’64 Anne W. Van Lonkhuyzen ’73 Freeman Jr. Barbara F. Riegelhaupt Bradley M. Lown ’85 Patrick Venne ’10 William N. Lund ’80 Lise R. Wagner ’93 Hon. Ruth Bader Ginsburg Esther M. Schleifer Lisa C. Lunn ’88 Alexander J. Wall ’06 John C. Gundersdorf Rev. Ann Robb Smith Faye E. Luppi ’85 Molly Watson ’09 M. Katherine Lynch ’02 Laura K. Welles ’04 Virginia D. Hayden Hon. Deanell R. Tacha Kyle T. MacDonald ’09 Lisa Whittier ’05 Merton Henry Gina Tangney Jonathan T. Mann ’94 K. Isaac Wilhelm ’04 Nancy Savage Marcus ’91 Judith A. Fletcher Woodbury ’80 Professor Colleen A. Khoury Mr. Cameron Tucker Daniel W. Marra ’02 Karen L. Wright ’00 and David Karraker Patricia M. Mathers ’98 Julia Wyman ’07 Professor L. Kinvin Wroth Justina A. McGettigan ’91 F. Richard York ’53 Ralph I. Lancaster Jr. Paul M. Zimmerman Allison McLaughlin ’06 Thad B. Zmistowski ’89 Jeffrey S. Lazarus Lisa M. McMullin ’75 and

MAINE LAW MAGAZINE SPRING 2011 37 Class of 2010 Graduation Gift

he University of Maine School of Law graduating class of 2010 Tdemonstrated impressive leadership. Fifty-five individuals (67 percent) pledged a total of $18,175 to be paid to the law school over the next three years, which set a record for the highest participation rate ever by a Maine Law graduating class. Most of these pledges are to support our vision for a new law building, one of Maine Law’s priorities in the years ahead. All of these pledges bolster the law school’s Annual Fund effort and reflect the strength of its extended community. We gratefully acknowledge the following individuals of the graduating class of 2010 for their support and generosity.

Michael G. Anderson Jeremy Dowell Joseph Lewis Mark Peltier David Sinclair Jordan Arthur Ariel Gamble Jonathan Liberman Heidi M. Pushard Elizabeth H. Smith Courtney Barnett Daniel Gayer Nicholas Lund Shawn Quinn Heather Staples Marya Baron Kristina Gefvert William Milasauskis Leslie Raber Timothy Steigelman Dylan Robert Boyd Stephanie Green Elek Miller Joshua Randlett Patrick Venne Nathan Brown Darya Haag David C. Morse Margaret B. Reid Delwyn E. Webster Michael Burian Andrew Hastings N. Joel Moser James Ross David West Parke Burmeister Reid Hayton-Hull Erin Murphy Jacqueline Sartoris Chad Wilcox Chelsey Carrier Andrew Helman Tina H. Nadeau Jeffrey Shafto Elyse Wilkinson James Christianson Kyle Kirby Tracy Nale Kathryn E. Shorr Alisa Christopher Kristina Kurlanski CJ Marie Newman Adam Shub

Gifts in Memory of Dorothy Rubin

Betty J. Bailey Dr. & Mrs. Edward M. Mr. and Mrs. Richard Roger A. Putnam Hon. George Z. Singal Mr. and Mrs. Alfred W. Friedman A. Levy Mr. and Mrs. James Pauline J. Thibodeau Blatter Dr. & Mrs. Stuart G. Leonard and Merle Riecks Constance P. Webster Gilbert Nelson Daniel Boxer Ruben-Fortier & Whole Foods Market Mrs. Frances S. Chaiken Mrs. Daphne H. Arlene C. Pomeroy LaCourse Agency Northeast Region Glassman Hon. Thomas E. Mr. and Mrs. Harvey E. Mr. and Mrs. Curt Delahanty II ’70 Jane C. Krone Prawer Shoyer

38 MAINE LAW MAGAZINE SUMMER 2011 The3 Faces of Philanthropy Annual Fund Capital Gifts Legacy Gifts Annual Giving sustains priority Gifts to build the Law School Bequests and other planned gifts to programs at the Law School. permanent endowments and the University of Maine School of improve the School’s physical Law Foundation build perpetual The annual fund provides crucial plant. endowments to sustain the Law support for student scholarships, School’s excellence. summer fellowships, esteemed The Law School Foundation’s lecturers, and other vibrant ongoing major gifts program Legacy Gifts are a valuable programs at the Law School. is building assets to strengthen complement to the Annual Fund student success, curricular and and Capital Gifts, and have the program innovation, faculty potential for transformative excellence, technology and impact. facilities.

To make a gift to the Annual Fund, go to www.mainelawalum.org, call 207-780-4342, or send your gift to Maine Law Annual Fund, 246 Deering Avenue, Portland, ME 04102. For more information on Capital or Legacy Gifts, please call Elena Brandt, Director of Development and Alumni Relations, at 207-780-4521. She also can be reached at [email protected]

MAINE LAW MAGAZINE SUMMER 2011 39 Non-Profit Org. U.S. Postage PAID Portland, ME 246 Deering Ave. Permit No. 127 Portland, Maine 04102-2898 ADDRESS SERVICE REQUESTED

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