spring 2013
Perspectives the magazine for the university of minnesota law school
Mastering the Tax Maze in this issue High-profile field requires a global view LL.M. Program Fits Students’ Needs
Clinics Celebrate 100 Years
Theory at Work: Ruth Okediji
New Library Website on Mondale’s Senate Years
197898_Covers_4complete pdf.indd 2 5/3/13 9:59 AM DEAN BOARD OF ADVISORS David Wippman The Honorable Paul H. Anderson (’68) James L. Chosy (’89) ASSISTANT DEAN AND CHIEF OF STAFF Jennifer Ciresi (’07) Nora Klaphake William E. Drake (’66) DIRECTOR OF COMMUNICATIONS David M. Eldred (’02) Cynthia Huff Kristine S. Erickson (’72) D. Cameron Findlay SENIOR EDITOR AND WRITER Joseph M. Finley (’80) Corrine Charais Catharine F. Haukedahl (’79) COMMUNICATIONS ASSOCIATE Joan S. Humes (’90) Valerie Figlmiller Harvey F. Kaplan (’64) Jay Kim (’88) DIRECTOR OF ADVANCEMENT Lynn S. Krominga (’74) Michael Tompos David V. Lee (’70) DIRECTOR OF ALUMNI RELATIONS Jeannine L. Lee (’81) AND ANNUAL GIVING Marshall S. Lichty (’02) Dinah C. Zebot K. Thor Lundgren (’74) Rebecca Egge Moos (’77) CONTRIBUTING WRITERS Richard G. Morgan (’84) Michelle Barnes Perspectives is a general interest magazine published in the fall and Dennis L. T. Nguyen (’98) Tim Brady spring of the academic year for the University of Minnesota Law David B. Potter (’80) Martha Coventry School community of alumni, friends, and supporters. Letters to the Paula K. Richey (’76) James Dickson editor or any other communication regarding content should be sent Allison Ethen The Honorable James M. to Cynthia Huff ([email protected]), Director of Communications, Rebecca Furdek Rosenbaum (’69) University of Minnesota Law School, 229 19th Avenue South, N2 Kathy Graves Lisa A. Rotenberg (’85) Karen K. Hansen Amy C. Seidel (’98) The University of Minnesota shall provide equal access to and Katherine Hedin Joseph P. Sullivan (’67) opportunity in its programs, facilities, and employment without Cathy Madison Rachna B. Sullivan (’96) Todd Melby regard to race, color, creed, religion, national origin, gender, age, The Honorable John R. Tunheim (’80) Brittany Resch marital status, disability, public assistance status, veteran status, Fordam Wara (’03) sexual orientation, gender identity, or gender expression. COVER ILLUSTRATION Kevin Warren Stephen Webster © 2013 by University of Minnesota Law School PHOTOGRAPHERS Emmanuel Berrod Corrections and Clarifications Jayme Halbritter In Fall 2012 issue, Joe Trelevan was inadvertently omitted from Karen K. Hansen the list of photographers. He took the photo of the Pritzker family Tony Nelson on page 15. Bill Rapp Tim Rummelhoff In the “Unrestricted and Scholarship Giving” story on page 15, the Chad Williams sentence on Lynn Truesdell’s (’61) nonprofit service should read: “He is a past president of the Minnesota Defense Lawyers Association and DESIGNER a retired member of the American College of Trial Lawyers.” Carr Creatives The speaker on page 20 at the Gendering Conflict conference was CLINIC ANNIVERSARY INSERT misidentified. The photo shows Veronica Isala Eragu, Jennings Design: bamelang inc. Randolph Senior Fellow at the United States Institute of Peace. Photographs, University of Minnesota Law School Archives In Class Notes, page 57, the hours of Roshini Rajkumar’s Sunday program on 830 AM radio should read “12:00 to 3:00 p.m.”
197898_Covers_4complete pdf.indd 3 5/3/13 9:59 AM The Need for Good Counsel
n April, I had the honor of accompanying former Vice President Walter F. Mondale (’56) to Washington, D.C., for the Constitution Project’s observance of the 50th anniversary of the U.S. Supreme Court decision in Gideon v. Wainwright. The landmark case established the right of Idefendants to representation by counsel in state courts, and the Constitution Project recognized four key players for their roles in the case: Abe Krash, a member of the legal team headed by Abe Fortas, later Justice Abe Fortas, that represented Clarence Gideon; Bruce Jacob, who represented the state of Florida, where Gideon was charged; the late Anthony Lewis, a Pulitzer Prize winning journalist who examined the case in his 1964 Gideon’s Trumpet; and Mr. Mondale. For those who question the value of lawyers in our society, it is worth reflecting on what happened in the case. Early in June 1961, Clarence Earl Gideon was accused, on the flimsiest of evidence, of stealing some wine and a little cash from a pool hall. He was not an educated man. He had no money. He couldn’t afford a lawyer. So he asked the judge to appoint one. The judge responded, “Mr. Gideon, I am sorry, but I cannot appoint Counsel to represent you in this case. dean david wippman Under the laws of the State of Florida, the only time the Court can appoint Counsel to represent a Defendant is when that person is charged with a capital offense.” So Gideon was tried, alone, and sentenced to five years in prison. From prison, Gideon sent a handwritten petition for certiorari to the Supreme Court. His argument? It “just was not fair” that he had no lawyer at his trial. The court agreed to hear his case, and Fortas agreed to represent him. Gideon, who had no lawyer, suddenly had one of the best appellate lawyers in the country. But a major roadblock loomed. The Florida attorney general’s office sent letters to every state attorney general, requesting them to file amicus briefs supporting Florida’s position that Gideon had no right to counsel. Walter Mondale, then Minnesota’s attorney general, decided to do just the opposite. With help from Yale Kamisar, then a criminal law expert on the Law School faculty, Mondale organized an amicus brief on behalf of 22 states in support of Gideon. The Court sided with Gideon and Mondale. Gideon got a new trial, and this time, with a lawyer to represent him, he was acquitted. Because lawyers make a difference. And now, because of Clarence Gideon, and lawyers like Walter Mondale and Yale Kamisar, every criminal defendant gets a lawyer. Much has changed since Gideon’s trial. But one thing hasn’t changed: despite the decline in applications that all law schools are experiencing, the Law School continues to admit extraordinary students and to graduate lawyers who will make a difference. This is a historic year for the Law School. One milestone is the 100th anniversary of our clinic program (see insert on page 21). Established in 1913 through a partnership with the Legal Aid Society, the Law School’s clinic program was one of the first in the country. It is also one of the largest; with 24 clinics today, the Law School helps countless people who, like Clarence Gideon, could not otherwise afford the legal assistance they so desperately need. The second milestone is the Law School’s 125th anniversary. We are planning a series of events for this fall, including lectures and dinners, to commemorate our anniversary and acknowledge the importance of legal education today. We will be in touch as these events develop. Mr. Mondale is only one of our many distinguished alumni who have used their legal education to help others, at home and around the world. Our commitment to being leaders in legal education and preparing our students to keep pace with the changing marketplace, begun 125 years ago, continues today. With the support of the Law School community, it will extend well into the future.
David Wippman Dean and William S. Pattee Professor of Law
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197898_1-3_B.indd 1 4/25/13 2:34 PM Contents
16 Mastering the Tax Maze High-profile field requires a global view
By Cathy Madison Illustration by Stephen Webster
22 Theory at Work 24 Law Library Announces Ruth Okediji New research site devoted to Mondale’s senate years
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197898_1-3_B.indd 2 4/25/13 2:34 PM 1 Dean’s Perspective The Need for Good Counsel 4t A the Law School 4 Innovative Courses Draw Record Numbers to LL.M. Program 7 Sara Rosenbam: Deinard Memorial Lecture on Law & Medicine • Darrow 4 Collection Receives Innovation Award 8 2013 McGee Moot Court Competition Examines Fair Housing Act • Minnesota-Colombia Partnership Targets Human Rights Law 9 Summer CLE 10 Gifts to GENERATIONS 12 Staff News 13 Law School Clinics: Celebrating a Century of Service 14 Grant Funding Helps Students Travel to Uppsala • Race for Justice 15 Journal of International Law Symposium on the Future of Warfare
21 Special Insert: Clinics Celebrate 100 Years 23 Walter Mondale Honored for Supporting Justice 15
26 Faculty Perspective 26 Faculty Awards, Grants, and News 29 Faculty Trio Promotes Legal Uniformity Among States • Faculty Book Publications 30 Visiting and New Faculty • Faculty Works in Progress 31 Richard Frase: Benjamin N. Berger Professor of Criminal Law Reappointment Lecture 32 Antony Duff: Russell M. and Elizabeth M. Bennett Chair in Excellence CELEBRATING A CENTURY OF THE UNIVERSITY OF MINNESOTA Appointment Lecture • Legal History Workshops LAW SCHOOL 33 Faculty Profile: Judith T. Younger 21 CLINICS 34t S udent Perspective 34 Student Profiles 37 Federalist Society Has Strong Year of Open Debate 38 Student News and Awards 40 Student Events See page 13 for full details of clinic celebration activities. 41 TORT Travels Back to the Future Interest
42 Alumni Perspective 42 Alumni Profiles 44 Upcoming Events 45 Scholarship Dinner 41 46 Alumni News and Awards 49 Class Notes 51 Alumni Receptions 54 Summer Continuing Legal Education Seminars 55 Spring Alumni Weekend 56 Alumni and Friends Tributes • In Memoriam
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Innovative Courses Draw Record Numbers to LL.M. Program
Three distinctive new “Our LL.M. students, just like our J.D. because we are student-focused.” courses are raising the profile of the students, want professional experience. University of Minnesota Law School’s It’s not enough to just come to the A look at the American LL.M. program and providing lawyers U.S., engage in an academic endeavor, legal profession from around the globe a rare combi- and then return home. Our students Professor Herbert Kritzer is in his nation of practical skills and leader- want to leave with utility. We are second year of teaching an LL.M. ship training. The classes, combined making that happen with exposure course entitled The American Legal with a recently added business law to the American legal practice, with Profession. “This class introduces focus, significantly expanded recruit- unique skills-based courses, and with students to legal practice in the U.S. as ing, and an increasing international leadership training that they can opposed to just the law,” says Kritzer. emphasis throughout the Law School, directly apply to their own legal “It is unique nationwide in its focus.” have led to a doubling of the LL.M. careers back home.” In addition to covering the develop- class size over the past two years. This Hornsby adds that the Law ment and current structure of the year, 47 lawyers from 18 countries, a School’s LL.M. program has long profession and the range of practices Law School record, are participating been distinguished by its customiza- American lawyers engage in, the in the LL.M. program. tion for foreign lawyers. “We are course addresses specific topics such “Two years ago we did an inven- highly relational; students don’t come as issues confronted by women and tory of our teaching pedagogy in here for the weather! What they minorities and the challenge of the LL.M. program and saw a need find is a community that has their attracting clients. Through guest to expand our program holistically,” professional and academic goals at the speakers, shadowing of lawyers in says Khary Hornsby (’05), director of core of its mission. We’ve been able to different practice settings, and diverse International and Graduate Programs. seamlessly introduce new courses readings, Kritzer’s students are intro-
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197898_4-15_C.indd 4 5/3/13 9:54 AM 1 Prof. Neha Jain, Prof. Antony 4 Justice Alan Page (’78) with Duff, Zach Hoskins, and Visiting 3 Elizabeth Bennett with Dean Ugochukwu Ubbaonu (’13) 5 Minnesota Secretary of Research Scholar Sandra 2 Judge Margaret Chutich and David Wippman and Prof. (left) and Nick Thelemaque State Mark Ritchie at the Marshall at Prof. Richard Alan Haynes attend the Diver- Antony Duff at his Bennett (’13) (right) at the Diversity Minnesota Journal of Inter- Frase’s reappointment lecture sity on the Bench Networking Chair appointment lecture in on the Bench Networking national Law Symposium in reception Reception in March April Reception in March February At The Law School
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duced directly to the real-life Ameri- I found it especially interesting to when I was talking with a pregnant can legal profession and practice. hear lawyers talk about the impor- attorney about the short maternity “One of my goals is to disabuse tance of marketing and how they go leaves in this country. The realities students of the popular image of law about attracting clients.” of practice in the U.S. can be quite practice they may have from the Christian Andreasen, a student from different than in my country.” American media,” says Kritzer. He has Argentina who has been practicing This is exactly what Kritzer wants his students walk through several law for more than six years, chose the to happen through his course. “Part different types of legal settings: the Law School, in part, because of of my hope is that my students will large corporate firm, a personal courses such as Kritzer’s. “I compared see what really happens in practice. services firm focusing on personal programs and professors in several It’s not like they see on TV or in injury or divorce, an in-house counsel universities, and this program really the movies.” practice, and a government position. stood out,” says Andreasen. While he “If you are going to be interacting has had extensive contact with Preparation for leadership with lawyers from the U.S. or talking American lawyers in his work in Two years ago, Hornsby and Law to people in your country, the better Buenos Aires, he says it was helpful to School Career Counselor Vic you understand their practice world, learn about practice areas that don’t Massaglia began discussing what they the more successful you will be in exist in Argentina. “This exposure both were hearing from students and your relations with them,” he notes. will help me if I stay in the U.S., but potential employers: that leadership Jurgen van den Heuvel, an LL.M. if I go back to Argentina it will help training was an issue the Law School’s student from the Netherlands, me have a much greater sense of how LL.M. program needed to address. In recently completed Kritzer’s course. law is practiced here.” response, they developed Leadership “I felt like I saw the American legal Some students, such as Trine and the Law for LL.M. students, a profession in its entirety,” says van den Johnsen from Norway, who is course focused on exploring what it Heuvel. “Hearing the perspectives of pursuing her business LL.M., learned means for the lawyer to be a leader. practicing attorneys helped me surprising things simply through In their class, students are challenged understand much better how the pro- conversation with attorneys during to determine their professional fession is organized in this country. the shadowing days. “I was shocked strengths, to consider how individual cont >
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Guest speaker Minn. Supreme Court Justice Alan Page (’78) (center back) and instructor Vic Massaglia (far left) with LL.M. “leadership and the Law” class
< cont personality and cultural traits affect not just how to understand law. “I practical legal writing and research. group processes in legal settings, and have been in places in my country She asks LL.M. students to act as to explore how to adjust techniques where I am expected to be a leader real-life attorneys in the fictitious based upon cultural cues, especially in but I had not had formal training,” law firm of Lincoln, Adams and international settings. says Alyawer. “The class is helping us Washington. “Many of our LL.M. students are be leaders in the field of law, which is “We create a real-world environ- mid-career professionals who are very competitive, and helping us ment, with real-world legal writing working toward being global legal learn how to deal with different and negotiating expectations,” says practitioners,” says Hornsby. “They are types of people and about different Lundquist. “For example, instead of some of the highest-achieving people leadership styles required in specific an assignment, they get an email from in their countries but haven’t had situations.” their client to which they must much experience examining their EQ Hornsby and Massaglia’s syllabus respond.” In addition to the many or leadership abilities. Our students includes guest speakers who are legal writing expectations, students want to maximize their experience leaders in legal settings, Myers-Briggs also make an oral argument to a here. This class provides a rare assessments, readings tailored to the simulated court. opportunity for them to acquire skills topic of leadership and law, and “I work to make this class relevant, they need in the global marketplace.” interactions with the Law School’s with skills training that students can Massaglia says feedback over the Corporate Institute. Guest speakers take back to their work in their home last year has consistently indicated this year have included Justice Alan countries. I also strive to create an that the Leadership and the Law class Page (’78) of the Minnesota Supreme environment where my students can is transformative. “Most of our Court; Thomas Boardman, a partner ask questions about the language. students will say they came to the at Barnes & Thornburg LLP; and English is rarely their first language, Law School thinking leadership was Meredith McQuaid (’91), associate so legal writing in another language external but realized through this vice president and dean of Global can be particularly challenging.” course that leadership can be devel- Programs and Strategy Alliance at For van den Heuvel, this exposure oped. Research has demonstrated the University. to legal writing and research is vital. again and again that introducing our “English is not my native language, so students to emotional intelligence Writing for real-world learning to write professional letters, competencies impacts their ability to situations memos, and emails has been very persuade, advocate, influence, and Adjunct Professor Karen Lundquist educational. I had no exposure to that communicate.” has studied and taught extensively prior to coming to this program.” Ahmed Alyawer, a student from around the world. Now she is using Johnsen says the amount of Saudi Arabia, says the course has that experience in an innovative feedback Lundquist provides is partic- taught him about how to be a leader, LL.M. course that concentrates on ularly helpful. “She makes us write quite a bit but she also gives us lots of feedback. It’s really helpful to have this much direction and correction.” CALL for volunteers Lundquist, who has been teaching at the Law School for two years, says what she particularly values about this One of the strengths of the Law School’s LL.M. program is its network of LL.M. program is its customization. attorneys who are willing to serve as guest speakers or to be shadowed “We don’t throw our LL.M.s into a by a student. We welcome lawyers in any type of practice but particularly J.D. program. We tailor our teaching those in the corporate transactions arena, government settings, handling to the real needs of this population.” regulatory and compliance issues, and in-house counsel. B y Kathy Graves, a Interested volunteers should contact Professor Herbert Kritzer, Minneapolis-based writer [email protected], (612) 626-4035.
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197898_4-15_C.indd 6 5/3/13 9:54 AM at the law school Sara Rosenbaum’s Deinard Memorial Lecture Evaluates Affordable Care Act
In an interesting and said its ultimate success is far from conversational presentation, Sara certain and laid out five issues that Rosenbaum, Harold and Jane Hirsh will be critical to its future: Professor of Health Law and Policy at • will the states make peace with George Washington University, the ACA? At present, 270 separate shared her expertise on the chal- bills propose repeal of the law lenges facing the Patient Protection entirely or partially. and Affordable Care Act (ACA) on • will there be a national health Jan. 31, 2013, in the 10th Annual insurance marketplace? If the Deinard Memorial Lecture exchanges don’t form and work Professor Sara Rosenbaum, George Washington University, shares knowledge of ACA and public on Law & Medicine. properly, “we’ve got nothing,” policy experience at annual Deinard Memorial In “Slouching Toward Health she said. Lecture on Law & Medicine Reform: The Future of the Affordable • will health care providers Care Act” Rosenbaum, a guest of the embrace the coming changes? Joint Degree Program in Law, Health They must form organized & the Life Sciences and the Center provider communities to predict for Bioethics, discussed the ACA’s costs and slow spending growth In her commentary on Rosen- imperfections as well as its vital to make building a national health baum’s talk, Lynn Blewett, Ph.D., a necessity. insurance system affordable. professor in the University’s School As the ACA rolls across the • will big health care entitlement of Public Health, looked at distinct country, “it has the potential to pull programs undergo cuts that aspects of the ACA from the nation together into what will reduce subsidies for lower-income a Minnesota perspective. become the ‘new normal’—an people and hamper transforma- To see a video of Rosenbaum’s expectation that people will have tion of the health insurance talk, Blewett’s commentary, and health insurance, cradle to grave,” system? audience Q&A, go to lawvalue.umn. she said. “And that is a remarkable • will the chronic disease preven- edu/newsevents/lectures/deinard- thing.” tion efforts written into the ACA mem/slouchingtowardhealthreform/ Even though the ACA survived be successful and ultimately make home.htm. the Supreme Court verdict last year people more responsible for their in what was “probably the greatest own health? A health care system By Martha Coventry, communications Constitutional case many of us will cannot afford to bear all the manager, Consortium on Law and see in our lifetimes,” Rosenbaum burden of poor health. Values
Darrow Collection Receives Innovation Award
In January at the American Collection (darrow.law.umn.edu) is a state and federal cases that quote Historical Association’s annual rich and unique array of material or refer to him. meeting, the Law Library’s Clarence relating to the American jurist, This is the second 2012 award Darrow Digital Collection was including articles, photos, cases, and for the Clarence Darrow Digital awarded the 2012 Roy Rosenzweig narratives about his life and legal Collection. The American Prize for Innovation in Digital career. Personal letters written to Association of Law Libraries called History. The prize honors and and by Darrow to family members the site a “significant contribution supports publicly available media and prominent individuals of the to legal bibliographical literature” projects that have strong techno- time have been collected and and presented its Joseph Andrews logical and historical components. It digitized. Commentary is provided Bibliographical Award to Associate is co-sponsored by the American about a wide variety of political and Director for Library and Educational Historical Association and George social issues that were of importance Technology Michael Hannon. Mason University’s Center for to Darrow professionally and Hannon wrote the scholarly com- History and New Media and was personally. The site offers transcripts mentary that accompanies the created to honor the late Roy and information on Darrow’s famous letters and primary sources and Rosenzweig, a pioneer in the field and lesser-known trials and a free, worked with Educational of digital history and founding searchable, publicly accessible Technology Multimedia Specialist director of the Center. database of cases handled by Glen Anderson on developing The Clarence Darrow Digital Darrow’s firm as well as published the site.
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197898_4-15_C.indd 7 5/3/13 9:54 AM at the law school 2013 McGee Moot Court Competition Examines Fair Housing Act
Top honors went to Advocate honors: Molly Etkind for University School of Law Team 1. Michigan State University College of the preliminary rounds and Monique 2Ls in the Law School’s Civil Law in the 28th Annual William E. Patton for the overall competition. Rights Moot Court and additional McGee National Civil Rights Moot Stanley Lloyd of Brigham Young student volunteers assisted at the Court Competition held Feb. 21-23, University Law School, Aaron competition, and more than 180 2013, at the Law School. In this year’s Davidowitz of Washington University attorneys and judges volunteered to competition, 35 teams from 23 law School of Law St. Louis Team 1, and judge the briefs and oral arguments. schools across the nation considered Ashley Moore of the University of To thank the judges for their whether an urban renewal plan Oklahoma College of Law Team 2 volunteer service, the Law School favoring a high-priced housing received honorable mentions. offered the free continuing legal and development, and displacing low-in- Other teams advancing to the judicial education program “The Role come housing occupied largely by quarter-finals were Brigham Young of the Fair Housing Act in Shaping African American and Latino resi- University Law School, University of America’s Communities” on Feb. 15, dents, would constitute disparate Oklahoma College of Law Team 2, 2013. impact discrimination, and if so, Washington University in St. Louis The mission of the interscholastic whether it would violate the Fair School of Law Team 2, and Chicago- appellate moot court McGee Housing Act. Kent College of Law Team 2. Competition, sponsored by the Law Washington University School of Teams advancing to the Round of School, is to promote interest in civil Law in St. Louis Team 1 took second 16 were the University of South rights law and provide students an place, Cleveland Marshall College of Dakota School of Law, University of opportunity to develop the oral Law Team 1 took third and won Best Wisconsin Law School Teams 1 and 2, advocacy and writing skills that are Brief honors, and the University of University of Connecticut School of essential to being successful appellate Detroit Mercy School of Law Team 2 Law Team 2, Chicago-Kent College practitioners. took fourth. of Law Team 1, South Texas College Professor Carl M. Warren (’75) has Michigan State University College of Law Team 1, Ohio State University been the advisor and overall competi- of Law students won Best Oral Moritz College of Law, and Hamline tion supervisor for 21 years.
Minnesota-Colombia Partnership Targets Human Rights Law
a newly formed partner- ship between the University and Rights Library. The University of ship between four Colombian law four law schools in Medellin, Minnesota’s Human Rights schools and two colleges at the Colombia. Program is directed by Barbara Frey, University of Minnesota has set its Faculty in both colleges will who notes that in working with sights on some high goals: to conduct workshops and teach students and faculty from Medellin, promote international human rights courses in Medellin, and Medellin “We will certainly learn as much as and the rule of law by strengthen- law students and faculty will travel we will teach.” ing teaching, research, and clinical to Minnesota to learn about human The U.S. State Department is legal representation in these areas at rights law and practice, and to supporting Colombia’s efforts to the Colombian schools. cultivate mentor relationships with end threats to democracy and Last fall, the U.S. Agency for faculty and human rights profes- promote respect for human rights International Development sionals. and the rule of law. The USAID (USAID) and Higher Education for The Human Rights Center, administers the U.S. foreign Development (HED) issued a $1.25 housed at the Law School, pro- assistance program, providing million grant to the Human Rights motes a culture of human rights economic and humanitarian Center at the Law School and the around the world by assisting assistance in more than 80 coun- Human Rights Program in the human rights advocates, students, tries. HED works closely with University of Minnesota College of educators, and volunteers; network- USAID to organize the resources of Liberal Arts. The purpose of the ing; and providing critical tools, the higher education community in three-year grant is to create a such as the extensive legal resources addressing global development human rights law school partner- offered through its online Human challenges.
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197898_4-15_C.indd 9 5/3/13 9:54 AM GIFTS TO
he diverse priorities of the admire and live up to as beneficiaries ways the quality of life here in the Twin GENERATIONS campaign— of two influential and inspiring Cities.” Tscholarship support and student attorneys’ legacies. In addition to serving 34 years on the experience, curricular innovations board of the United Way, Borman and teaching, and unrestricted core Marvin Borman Memorial chaired the boards of Mount Sinai support—give donors multiple Scholarship Hospital, the Minneapolis Institute of opportunities to express their aslon Edelman Borman & Arts, and the University of Minnesota personal values, as well as their Brand LLP has made a gift to Foundation. He was president of Temple dreams for the Law School, through Mfund the Marvin Borman Israel and a founder and trustee of the their gifts. Memorial Scholarship in honor of Jeremiah Program. Students are at the center of it all. their colleague who died September To his colleagues, Borman represented “With the high cost of tuition these 12, 2012, at age 89. In a Star Tribune an exemplary life in the law through his days and the substantial loans that our obituary, writer James Walsh called impeccable integrity, superb legal skills, students, and students nationally, take Borman “a spirited, committed, and dedicated civic leadership. They in order to fund legal education, roll-up-your sleeves guy.” hope the Marvin Borman Memorial we’ve made it our single biggest During World War II Borman was a Scholarship benefits students who priority to raise money for student Marine Corps captain who served in understand that with a law degree comes scholarships,” explains Dean David campaigns in Saipan, Tinian, and responsibility to serve the community. Wippman. “We’re part of a land grant Okinawa. After he graduated from Holod says, “Whether pro bono services university, and accordingly we have Harvard Law School in 1949, he and his or non-legal community involvement, always had as part of our mission this wife, Betty, moved back to Minneapolis, as with Marvin, there are so many ways objective of being accessible and where he began working with then-solo to serve.” affordable, and the best way to do that practitioner Samuel Maslon. In 1956, is through scholarship support.” Borman, Maslon, and Hy Edelman (’28) John P. Sheehy Scholarship It’s especially beneficial to students created a partnership with a local arren and Nancy Dunn’s when donors’ generosity has a litigation firm, forming Maslon Kaplan endowment of the John P. multiplier effect, such as from the Edelman Joseph & Borman. WSheehy Scholarship honors University of Minnesota’s Fast Start 4 From the beginning, Borman and his their son-in-law, who died April 14, Impact program, as do new scholar- partners focused on community service 2012, at age 57. Their daughter ships established by the law firm of and championing the rights of all people. Kathleen Dunn Sheehy (’84) was Maslon Edelman Borman & Brand The partnership, now known as Maslon appointed a judge of Minnesota’s and by Warren and Nancy Dunn. For Edelman Borman & Brand LLP, has Fourth Judicial District Court on each newly endowed scholarship grown into one of the leading full- May 30, 2012. fund of a qualifying amount, Fast service firms in the Twin Cities. John Sheehy (’84) was remarkable Start 4 Impact pays four years of Although an Indiana native and a from the get-go. He argued a case annual awards to students. That puts University of Michigan undergraduate, before the U.S. Supreme Court when donors’ intentions to work immedi- Borman became a champion of all things he was a 27-year-old associate at ately, supporting students while the Minnesotan. “Marvin cared very much Meshbesher & Spence, where he endowments accumulate earnings in about the community,” recalls Doug went on to become a managing early years. Holod (’90), chair of Maslon’s gover- partner. The students whose Law School nance committee. “There are so many During 30 years of practicing civil attendance is made possible by the organizations where he devoted his time and criminal law, he never lost a civil new scholarships have much to and talents, really improving in gentle trial, and he won the largest personal
10 Perspectives spring 2013 law.umn.edu
197898_4-15_C.indd 10 5/3/13 9:54 AM GENERATIONS: The Campaign of the University of Minnesota Law School
For generations, the University of Minnesota Law School has taken pride in its long record of educating leaders who have gone on to represent the profession with distinction, serve in public office at the highest levels, and bring creative solutions to the world marvin borman john p. sheehy (’84) of private enterprise. Now more than ever, our governments, businesses, and communities need a new generation of such extraordinary leaders.
injury verdict in Minnesota his- achievements, the Dunns most The GENERATIONS campaign tory—$35.3 million. admired Sheehy’s litigation ability and will bolster the foundation of But for Sheehy, it wasn’t about the his passion for law and history. Their excellence in teaching, legal money. Professionally it was about preferences—that recipients have research, and scholarship for a getting injured people back into their overcome adversity and have financial new generation of exceptional homes with whatever support was need, persistence, and compassion— students. Key priorities for the required to make their lives as normal mirror Sheehy’s experience and Law campaign include: as possible. And personally it was about School attendance. They say, “This quiet generosity. He was known for opportunity for other students is • Scholarships and student tireless work as a volunteer advocate gratifying because it was in John’s support and for shaking hands with people nature to share.” • Strategic initiatives, curricular who needed a bit of help…and innovations, teaching, and the leaving a $100 bill behind. B y Karen K. Hansen, a Twin-Cities student experience Warren and Nancy Dunn recog- based freelance writer and clarinetist • Core support and unrestricted nized Sheehy’s remarkable qualities giving from the start. A few months after As of April 10, 2013, more than sophomores Kathleen and John met in $49 million has been committed a University American government to the GENERATIONS campaign and politics class, she brought him by alumni and friends of the home to Milwaukee to meet her If you already have made a planned gift Law School. This total rep- family. She recalls that virtually all he to the Law School, please let us know resents 70% of the campaign’s could talk about was how much he so we can thank you, plan for the future, goal of $70 million. wanted to be a lawyer and how much and count your generous gift toward he admired her father’s profession. the success of the GENERATIONS campaign. We are deeply grateful for the Warren Dunn, a graduate of support of everyone who has Creighton University School of Law, For assistance in exploring gift-planning contributed. If you, too, would was a long-time agent with the FBI options, please contact Director of Trusts & like to be a partner in support- and retired as president of Miller Estates Jane Godfrey (’91) at the University ing the Law School through the Brewing Co. in Milwaukee. of Minnesota Foundation ([email protected] GENERATIONS campaign, Kathleen says, “They loved him or 612-624–9454) or Michael Tompos at the Law please contact the Advance- from the first minute they met him— School ([email protected] or 612-625-8435). ment Office at 612-626-8539 or his passion, his vision for the future, www.law.umn.edu/generations. and his certainty that he could html. accomplish this goal despite the lack of financial resources for college or law school.” For the Dunns, establishing the scholarship is about achievement, money, and generosity. Of all his
law.umn.edu Perspectives spring 2013 11
197898_4-15_C.indd 11 5/3/13 9:54 AM at the law school staff news
New Staff Zack Sommer Scandinavian Studies at Gustavus joined the Law Adolphus College, including a year School on March Joelle Larson at Sweden’s Mora People’s College 25 as a principal joined the Office studying Swedish language and office and admin- of Advancement culture, then was an English teach- istrative assistant. as an alumni ing assistant for three years in The University of relations & annual Tsuruga City, Japan. Recently she Minnesota graduate completed his giving officer on completed an M.A. in educational B.A. in English and Gender Studies March 18, 2013, policy and administration at the and minor in Asian Literature and and is excited not only to work in University. She is a member of Languages in 2012, while working as higher-education advancement but NAFSA: Association of International a tutor and mentor in the America to return to Minneapolis, her home- Educators and the Minnesota branch Reads program and a J-Visa assistant town. Previously she was a litigation of the Society for Intercultural in International Student and Scholar associate with Butler Rubin Saltarelli Education Training and Research. Services at the University. He also has & Boyd in Chicago, focusing on written about video games for breach of contract matters. She Promotion PixelPerfectMag.com and recently completed her undergraduate degree was an imaging specialist in the at Macalester College and her J.D. at K atie Deno, who University’s Office ofA dmissions. the University of Michigan Law joined the Law School and volunteered in alumni and School in July Maren Stoddard student programs and fundraising 2012 as a faculty joined the Law initiatives at both institutions. At the administrative School in Law School, her experience will be assistant, was October 2012 put to use on student and recent- promoted in as international graduate engagement and fundrais- March 2013 to an executive programs ing programs, including the Partners accounts specialist in the Finance assistant, from at Work program. Department. Previously she worked her most recent position as a in the University’s Human Resources program coordinator with the K ate Snowdon Department. University. She completed a B.A. in began her duties
as the new
associate
director of
Admissions on
March 25, 2013.
She is responsible for managing the
Law School’s recruitment process
and also will manage the Minnesota
Law Pre-Law Scholars program, the
annual summer preparatory pro-
gram for aspiring law students.
Previously, as assistant director of
admissions for recruitment at the
University of St. Thomas School of Save the date
Law since 2009, she planned and Do you recognize any of these people? They are part worked at recruitment events of the Law School’s history: the faculty of 1980. Many nationwide and also assisted
students through the application people, organizations, and events have brought the
and admission processes. She holds Law School to where it is today, celebrating its 125th
a B.A. from Iowa State University year. Please plan to be with us on Friday, October 4,
and an M.A. from the University of 2013, when we commemorate this historic occasion.
Denver, where she was the manager 4, 2013 ctober Watch for more information in the coming months. of student affairs for the Sturm Photo courtesy of the University of Minnesota Law School
College of Law. O Archives
12 Perspectives spring 2013 law.umn.edu
197898_4-15_C.indd 12 5/3/13 9:55 AM at the law school
CLINICS CELEBRATE CENTENNIAL WITH DAY OF SERVICE
he University of Minnesota Law Clinic Program is cele- > SATURDAY, JUNE 8, 2013 brating its 100th anniversary! Part 1 of the clinics’ celebration is a free During the 1912-13 academic CLE program, “Serving Those Who Serve yearT students began working with the Us,” from 8:30 a.m. to noon at the Law Legal Aid Society to represent indigent School. It will focus on unique concerns clients in a variety of civil matters, and and common legal issues among veterans and will also o er training for attendees the Law School Clinic Program was who wish to participate in the second born. component of the clinic event. In recognition of this historic event Emeritus Clinical Professor Maury and in the spirit of service embodied Landsman will present the welcome, fol- by the clinic program, the Law School lowed by three presentations and Q&A clinics are sponsoring a two-part event. sessions. Scheduled speakers are Sara Together, the two o erings will pro- Sommarstrom (’05), Vetlaw Director for vide an opportunity to examine issues the Minnesota Assistance Council for Vet- that are important to those who have erans; Ana H. Voss, Assistant U.S. Attor- served our country—our veterans—as ney, District of Minnesota, and an adjunct well as an opportunity to serve them in professor teaching in the Civil Rights Enforcement Clinic at the Law School; return through a pro bono legal clinic. and Brock Hunter (’97), criminal defense Law School alumni and other legal attorney in private practice and a former professionals who support the clinic Recon Scout in the U.S. Army. program are encouraged to participate. > TUESDAY, JUNE 11, 2013 Part 2 of the anniversary observance is a free drop-in legal clinic, to be held at the VA Medical Center from 9:00 a.m. to 2:00 p.m. Those who attended the CLE training program will be eligible to sta the clinic and provide legal services to veterans. The drop-in clinic is sponsored by the Law School clinics in collaboration with the Minnesota Assistance Council for Veterans.
law.umn.edu Perspectives spring 2013 13
197898_4-15_C.indd 13 5/3/13 9:55 AM at the law school
Grant Funding Helps Students Travel to UPPSALA,
Sweden archway in uppsala
This spring a generous grant from late Swedish banker and industri- since 1983. Uppsala Professor Bertil the Marcus and Marianne Wallen- alist Dr. Tech. Marcus Wallenberg, Wiman (LL.M. ’83) is a visiting berg Foundation offered up to five supports scholarly research and ed- professor teaching European Union 1L and 2L Law School students a ucation, particularly projects in law, tax law at the Law School this spring. wonderful opportunity: travel fund- economics, humanities, and clinical And many Minnesotans have traveled ing for participation in the 2013-14 medicine related to technology. to Uppsala to study international, semester exchange program at The Uppsala University and comparative, and European commu- Sweden’s Uppsala University. The University of Minnesota law schools nity law and to meet students and Foundation, founded in 1963 by the have exchanged faculty and students faculty from all over Europe.
11th annual RACE FOR JUSTICE • April 14, 2013
C ongratulations to this year’s top overall male and female runners: Alex Kurt and Ann Steingraeber (’11). Top team honors went to Fredrikson & Byron runners Robert Boisvert (’85), James Brand, Robert Day, Leah Janus (’04), and Sjur Midness. The event raised nearly $10,000 for the Loan Repayment 1 Assistance Program (LRAP) of Minnesota, to subsidize education debts for low-paid public interest attorneys who serve the legal needs of low-income individuals statewide. Race organizers thank the 45 volunteers from Pellicano Endurance Coaching, the Black Law Students Association, Criminal Justice League, Federal Bar Association 2 student chapter, and elsewhere for their dedicated work. The 2013 race was made possible by the generous financial support of: 1 Braving the cold, 265 runners start off on the 5K Champion sponsors Dorsey & Whitney and Race for Justice; Alex Kurt (No. 1656) comes in first Pellicano Endurance Coaching; Advocate 2 Assistant Dean of Students Erin Keyes (’00) (green sponsors Fredrikson & Byron, Law Council, jacket) with volunteers from Pellicano Endurance Leonard Street & Deinard, Meagher & Geer, Coaching Minnesota Lavender Bar Association, Volunteers Amanda Ruiz (’13), RaShya Cunning- Minnesota Lawyers Mutual, Nilan Johnson 3 3 ham (’13), and Tammi Etheridge (’14) prepare for Lewis, and WestlawNext; and Patron sponsor registration Lexis-Nexis.
14 Perspectives spring 2013 law.umn.edu
197898_4-15_C.indd 14 5/3/13 9:55 AM at the law school
Prof. John Radsan, Gabor Rona, Alice Beauheim, Prof. Oren Gross, Dean David Wippman, Dr. Daphne Richemond-Barak, Prof. Ken Anderson, and Prof. Eric Jensen
journal of international law symposium ON the Future of Warfare
On February 5, the Minnesota Journal of International Law hosted its 2013 symposium, “The Future of Warfare: The Law of Tomorrow’s Battlefields.” Three panels of leading experts discussed the changes that robotics, computer technology, and privatization have brought to warfare. In his keynote address, Professor Eric Jensen (Bringham Young University Law School) spoke about Prof. Eric Jensen future technologies and the growing trend of non-state actors involved in the creation of law. Jensen’s discussion focused on the expansion of conflict into new areas outside of “breathable how state actors, and even corpora- air zones,” including the moon, tions, can guard against technological seabeds, and cyberspace. infiltration. Both panelists noted the Law School Dean David Wippman increasing danger that cyber attacks Alice Beauheim moderated the first panel, Robotics pose to state security and the non- on the Battlefield. Law School traditional nature of conflict in the Professor Oren Gross, Professor Ken age of technological warfare. They Anderson (American University offered suggestions on how to adapt hood that the Geneva conventions College of Law), and Professor John the laws of war to better address will apply to mercenaries’ actions. Radsan (William Mitchell College cyber attacks and hackers. The panel also questioned the ap- of Law) discussed the potential The final panel, moderated by plicability of international humanitar- implications of technology on the Law School Professor Richard Painter, ian law to private militaries. Rona battlefield and how international laws featured a discussion on the privatiza- stated, “There is simply no interna- of war should adapt to accommodate tion of military forces by Gabor Rona tional regulation to address these the future. of Human Rights First, Professor activities.” The second panel, moderated by Geoffrey Corn of South Texas Symposium articles will be Law School Professor Fred Morrison, College of Law, and Dr. Daphné published in the Symposium issue of included a discussion by Law School Richemond-Barak of Interdisciplinary the Minnesota Journal of International Professor David Weissbrodt and Ms. Center Herzliya. Panelists noted that Law and the panels will be available Alice Beauheim (Office of the although mercenaries (private military for viewing at www.minnjil.org. Director of National Intelligence, employees) are generally kept from on leave). The topic focused on the active combat, the more they are used By Michelle Barnes (’14), with growing risks of cyber warfare and by state actors, the greater the likli- Allison Ethen (’13)
law.umn.edu Perspectives spring 2013 15
197898_4-15_C.indd 15 5/3/13 9:55 AM Mastering the Tax Maze
16 Perspectives spring 2013 law.umn.edu
197898_16-25_B.indd 16 4/25/13 2:38 PM the T Mastering ax Maze
197898_16-25_B.indd 17 Photo Illustration: Stephen Webster A find tax a fascinating intersection ofdisparatedisciplines.fascinating intersection find taxa for mathandreading spreadsheets andregulations. They D day, taxes thegovernment,” are allaboutrunning affect every ofourlives.” majorpart getting divorced, having kids, abusiness, orstarting taxes S studiesintaxationatthe director ofgraduate worked withBigFour 500firms, andFortune served as businesses,” says Mark touching everything tosmall family from bigcorporations about taxes? doesn’t ministers—who presidents andprime care deeply the day. media proliferation, thatperch isgrowing more powerful by eeping power oftax Thanks torapidglobalization, threatened economies, and S accounting, MB or methodicallyassembled suchcareer-building blocks as with othertaxgeeks, whether they stumbled intotaxlaw multi-state tax. andacquisitions,mergers nonprofits, and andinternational taxation,focuses oncorporate includingtaxaspectsof at is apartner offered, sotaxitwas. patent law. That lefttaxandsecurities. More taxclasseswere lawfamily career paths. Noscienceaptitude, sothere went drama enough, sheeliminatedlitigation, law, criminal and family life that would be Pregnant withtwinsandfiguring the Law Twodecades ago ultimate ramificationsare much broader. “ where incometaxisking,especially inacountry the law andbusiness schools. “ chool ofManagement, andteachesbusiness taxationin w nd they like perching ontheprecipice ofchange. a globalview High-profile field requires By Cathy Madison e A “Tax policyisattheforefront ofallbusiness news, Tax, out, asitturned iswhatsheloves. Today C lthough we tendtothinkoftheseeffectsas individual, oncini says. “It’s aspecialtywidelyapplicable toalotof C S ommon laborers, chief executive officers, national chool A O nd iftoday’s law studentsdon’t, they should. S A ppenheimer C he has found that she shares certain basics basics he hasfoundthatsheshares certain , andLL.M. degrees. areer S “ from bigcorporations to smallfamily businesses.” —Mark ellner (’81), ataxadviser whohas C T ,
ax polic G enter, gazing atjobpostings. W ina W hether you’re gettingmarried, olff & D e C y isat theforefront ofallbusiness news, touching everything oncini (’93) stood in oncini (’93)stoodin D A onnelly, where she ll have anaffinity A t the end of the t theendof C arlson arlson D e C oncini oncini says. taxmy first “But Ifellintointernational week at ics, politics, accounting, andlaw allbaked intoone,” Hobbs services practiceleaderatPricewaterhouse services has taken places.” metolotsoffascinating me.river, Igotin an innertubefloatingdown the andit tax,” sheadds. “I didn’t planwhere my career would take to matchthatinany way, shape, orform, anywhere elsein governments, andprojecting taxreceipts. “It would behard legislative taxproposals, negotiatingtaxtreaties with foreign assistant secretary, shewas responsible forIR across andaround thecountry globe,” sherecalls. federal taxadvisertotheNational advisor totheBush- to chairthe early inhercareer, longbefore becomingthefirst woman Treasury, where thepotentialforinfluence was enormous. tax classes. explore herpassion—whatmadebusinesses tick—by taking pointedoutthatshecould mentor atacocktailparty major, sheeven questionedgoingtolaw schooluntila dreams nevercelebrity crossed hermind. needed somework done. The rest, asthey say, ishistory.” inbusinessdegree taxationfrom the accounting, passedthe Hobbs majored ineconomicsasanundergrad, thentook practiceinMc services tax.”who understand firms, government, allneedmore people andcorporations areas oflaw, andit’s growing. Law firms, public accounting E fortaxpolicyat theU.assistant secretary A with conomic rthur rthur “I went intotaxbecauseitwas anarea thathadeconom- Now deputytax leaderand regulations“I was thatappliedtobusinesses writing Pamela F. Jonathan Hobbs(’03), tax director intheinternational S he stillmarvels athow much responsibility sheheld D e A C ndersen, meandsaidhe grabbed whenapartner oncini. “It’s avery dynamicarea oflaw,” hesays. O G O A rowth and Tax Reform. lson followed thatadvice, eventually becoming B lson (’80)grew uponafarm, where tax A ’s taxsection, assenioreconomic serving law.umn.edu law.umn.edu C heney campaign, andactingasa G C S ellner (’81) P ladrey’s Minneapolis office, agrees A exam, amaster’s andearned W ashington nationaltax Perspectives C Perspectives ommission on ommission on
C arlson S A .
C political science politicalscience D spring 2013 17 S oopers, fall 2012 epartment of of epartment S publications, chool. O A 17 lson lson
s s 4/25/13 2:38 PM cont > mastering the tax maze
< cont
Gina DeConcini (’93) mark sellner (’81)
watches tax policy’s impact on business from a different may have payroll disputes in Germany or need to ship their perspective. “When you deal with tax in government, product out of a port in China. It used to be a specialized you’re once removed from its direct effect. In the private niche, but now all tax people have to understand the basic sector, it’s personal,” she says, explaining that private sector structure of international tax planning.” insights are essential to providing sound advice to govern- “Any time a company goes global, tax becomes a
“It used to be a specialized niche, but now all tax people have to understand the basic structure of international tax planning.” —Gina DeConcini (’93)
ment. And given the growth of global business operations higher-profile issue, based both on the substantial reporting and investment, the government’s tax administration job is requirements for a cross-border enterprise and the signifi- growing ever tougher. cant financial investment it takes to do business outside the U.S.,” adds Hobbs. A multinational company needs to Business beyond borders hedge those risks. Tax practice was once a specialized, niche-oriented, Companies also must consider the worldwide state of the back-room, domestic affair, even for a multinational economy: everyone is broke. Because countries seeking company such as Cargill, which now employs 142,000 additional revenue streams collect taxes wherever they can, people in 65 countries, says Patrice Halbach (’80), who avoiding double taxation on the same income is the top retired four years ago as Cargill’s vice president of tax and challenge for any internationally active U.S. company. customs. It used to be that corporate tax folks kept their “Ninety-five percent of our work is in some way mitigat- heads down, dealing only with each other, while tax ing that risk,” Hobbs says. authorities in various countries monitored their jurisdic- International compliance is also an emerging issue. “The
tions with little idea of what was happening elsewhere. But economic meltdown has led many governments to examine Gina DeConcini - Photo courtesy of Oppenheimer Wolff & Donnelly LLP all that has changed completely. their relationships with countries on the ‘gray list,’ those “By the early ’90s, it became obvious that we needed a that hold themselves out as havens for people who don’t more integrated and unified approach, but it was still very want to disclose their financial dealings,” says Stuart Gibson U.S.-centric. All the decisions were made here,” Halbach (’76). “Germany, the U.K., and the U.S. are going after says. She set out to create a true international tax function, countries like Switzerland, Liechtenstein, Hong Kong, and ensuring that more than 200 tax professionals from around Singapore.” the world were communicating frequently and operating As senior litigation counsel for the Tax Division, U.S. holistically from the same business plan and objectives. Such Department of Justice, until his retirement in January, an approach has proved extremely valuable in a world Gibson successfully sued UBS, Switzerland’s largest bank, to where crossing borders has become the norm. reveal information about U.S. taxpayers’ secret accounts. He With tax authorities now communicating regularly, a also secured a court order requiring KPMG to disclose new global perspective has emerged, and the need for information about developing, marketing, and implement- companies of all sizes—not just multinationals—to develop ing abusive tax shelters and reveal identities of those who global tax strategies has become imperative. No longer are took advantage of them—“wealthy Americans who should the Big Four accounting firms handling all this work; now have known better.” even mid-sized companies are taking it on. The years Gibson spent with the IRS and the Tax “Even a little manufacturing company in Fridley has Division taught him much about human nature. “I learned relationships in India or China,” says DeConcini. “They early on that tax shelters are like a garden hose: You plug a
18 Perspectives spring 2013 law.umn.edu
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Jonathan hobbs (’03) pamela f. olson (’80)
leak in one place, and another leak springs up someplace for taking advantage of tax rules,” says DeConcini, explain- else. When you shut down one tax shelter, someone comes ing that media focus on “good” and “bad” taxpayers is up with another that’s even more outrageous. It’s an relatively new. “When the economy is struggling, you have evolutionary process.” to look to underlying policy. When anybody who is Litigating on behalf of the United States has provided benefiting from that policy is held up as somehow harming more challenge and reward than he could have imagined. the rest of us, issues arise that never before would have “No one came to watch our trials,” he says, “but it was an made it into mainstream media.” opportunity to have a real impact on tax policy and Halbach became aware of the issue the first day she compliance.” walked into family-owned, privately held Cargill. “If you besmirched the Cargill name, you besmirched the family. Seizing the spotlight This was first and foremost in our minds when we did tax Tax strategy used to be an insider’s game, with those planning, always.” Increasingly, when companies seek steeped in its complexities handling day-to-day decisions as competitive advantage, tax is at the forefront. Yet in an well as setting corporate direction. Today’s squeeze on instant tweeting world, one misstep can irreparably sully a profits and emphasis on transparency, however, have moved brand. “How far you push the envelope is a real issue,” it up the escalator, into management’s top echelons. Halbach says. “You have to be able to discern that line “Corporate tax is definitely of interest in the C-suite, and between smart tax planning and edging over into gray it’s on the front page of the newspaper,” Olson says. “It has areas.” become much more complicated domestically, and even more so when you layer on the cross-border interaction. It’s F orecast for change very difficult to advise a client without working on a Business going global is the most remarkable change Olson collaborative basis. Tax is so complicated that no one person has noted in three decades of experience. “Cross-border can master it.” ownership, trade, and investment means that the tax code Tax experts used to be like doctors making house calls, had to change fairly dramatically to keep up with what was bestowing their knowledge on clients when asked. Now going on in the world,” she says. “We’re lagging further they’re more like quarterbacks, charged with ensuring that behind all the time, and on several occasions over the last all business transactions pass tax muster. “They have to bring few years, I’ve despaired over what we can do on a global in specialists and build a team, and that team is likely to be basis to keep up…And then we have the U.S. Congress, led by a lawyer,” says Sellner. which can’t move to save its soul. I do worry about that.” Although large companies have always lobbied for Technology is another example of rapid change outpac- self-serving tax policy, general awareness of how taxes ing tax policy. Hobbs cites U.S. tax rules that address impact operations was not widespread. Rarely have we seen income-sourcing of “shrink-wrapped” software. political activism across the board like we’re seeing today, Interpreting these rules for updated delivery systems such as DeConcini points out. Recently in the Minnesota legisla- web-hosting or Internet downloads, especially across ture, for example, hundreds of people showed up to lobby borders, is significantly more challenging than “when it’s against the proposed sales tax on services. “And it wasn’t packaged in Seattle and shipped to Minnesota for someone just tax people in the room.” to buy in a store.” Savvy corporations have long, and legally, parked their He, too, laments the current legislative quagmire. profits offshore, where tax rates are lower. But news that Competing rationales, such as the need for revenue versus General Electric paid no federal taxes in 2010 launched a social equity and other agendas—using taxes as incentives
Jonathan Hobbs - Photo courtesy of McGladrey LLP LLP of McGladrey courtesy Hobbs - Photo Jonathan political firestorm. to buy or build in America, for example—further stymie “It was one of the first times a company was criticized efforts for change. “But overall, as we get further and
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< cont
patrice halbach (’80) stuart gibson (’76)
further in debt, policy will be skewed by the growing career involve transaction taxes, which today comprise one proportional need for revenue. The math is unmistakable,” of the biggest elements of competitiveness in business. “If Hobbs says. A possible reform is the territorial system used you’d asked me about transaction taxes in law school, I by most other countries, which taxes income only where it wouldn’t have had a clue,” she laughs. Up until about 10 is earned. No longer taxed on worldwide income, U.S. years ago, no one paid attention to them in an integrated, companies could stimulate the economy by repatriating centralized way, she adds, because it was impossible to get a earnings currently parked offshore to defer taxes. But he handle on the liability they represented. That is true no isn’t holding his breath. longer. Olson, who has advocated tirelessly for simplification— Halbach believes that consumption taxes will become rolling retirement savings or life savings (education, health, more important to companies doing business internation- etc.) into single, user-friendly, portable accounts, for ally, in ways that she finds difficult to imagine. “The example—says it’s difficult to persuade legislators to give continuing ability for tax authorities to trade information is more than lip service to such ideas. going to change the landscape,” she says. That had started “We’re going broke as a country. Our spending and tax happening in a big way when she left Cargill, “and it’s only collecting are completely out of whack. But I’m skeptical going to accelerate. There’s no place to hide.”
“The continuing ability for tax authorities to trade information is going to change the landscape.” —Patrice Halbach (’80)
that we’ll reach consensus to cut spending as much as we Gone, too, are the days when someone like herself, a need to,” she says. That means finding other revenue liberal arts major hired for her intellect and analytical skills sources, such as a consumption tax like the value-added tax rather than her knowledge of the tax code, will manage to used in other countries. “We have to do something to cut stay afloat in the swirling sea of tax policy. Her non-tradi- the income tax burden and collect taxes in a more efficient tional approach often proved valuable because it helped her way, and at some point we might actually end up consider- see issues from a different perspective than her tax-steeped ing this. It’s sort of inevitable, and the sooner we get on colleagues, yet she recognizes that she probably wouldn’t be with it, the better.” hired today. Trying to measure income is inherently complex, Olson Halbach advises law students seeking careers in this adds. New financial instruments, new ways of doing dynamic field to establish a solid foundation that includes business, and new economic interests will emerge on the essential building blocks like securities law, corporate law, heels of any major changes, making tax law ever gnarlier. and the many other areas where tax intersects. Take every “It’s hideously complicated,” Halbach agrees. “Something tax course you can, and consider getting an LL.M., she is seriously wrong when you have the best minds in your counsels students. company doing nothing but figuring out ways to comply That advice might apply to most law students, in fact. As with the tax laws and being sure you don’t pay inappropri- Halbach insists, “I don’t think anybody can ignore tax any ate amounts of tax. There are better places to allocate more.” resources.” While most Americans focus on income taxes, Halbach Cathy Madison is a freelance writer/editor based in the notes, the most remarkable changes she has seen in her Twin Cities
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197898_16-25_B.indd 20 4/25/13 2:38 PM CELEBRATING A CENTURY OF THE UNIVERSITY OF MINNESOTA LAW SCHOOL CLINICS
See page 13 for full details of clinic celebration activities.
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197898_16-25_B.indd 21 4/25/13 2:38 PM Theory atWork
This is part of an ongoing series highlighting professors’ community work at state, national, and international levels. For all the differences in the issues they tackle, these citizens have much in common. They trace the roots of their current service to early educational and professional experiences. They thrive on putting expertise and passion to work on causes they believe in. They bring fresh perspectives back to students in hopes of inspiring them to put their own scholarship into practice.
If you’re sighted, there’s never been more ways versions of popular and literary works from making their to get your hands on a book. Stores, online retailers, and way around the globe. They also block sharing of textbooks. libraries will sell or loan you a title to read on paper, iPad, And that, says Okediji, is a tragic waste of human potential. Kindle, Nook, or mobile phone. But if you’re one of the “Imagine the challenge for a non-sighted person in Africa world’s 285 million blind or visually impaired people, your or Asia, where it’s not just about getting Harry Potter or options are much more limited. Even in rich countries, about Shakespeare. It’s about having books to go to school,” she says. 95% of books are simply unavailable in accessible, digital A U.N. agency focused on the issue, the World formats or braille; in poor countries, that figure nears 99%. Intellectual Property Organization (WIPO), is on the “It’s a massive problem,” says Dan Pescod, vice chair of cusp of creating an exception for blind and visually the World Blind Union’s Right to Read campaign. The lack of reading materials in accessible formats is so severe “The international intellectual property system was that activists like Pescod refer to it as a “book famine.” created for the protection of authors and the rights One way to feed those who hunger for books in a holders. Never have we had an international copyright language they can understand and a format they can read is agreement that creates a mandatory exception to to reform international copyright law. Enter Ruth Okediji, a Law School professor specializing in international intellectual those rights. It may seem like a small thing, but in the property, copyright, and trademarks. For nearly a decade, area of intellectual property, it’s a sea change.” she has been working with advocates from the blind and visually impaired communities to legalize cross-border impaired people in international copyright law. WIPO sharing of accessible books. representatives are due to meet in Marrakesh, Morocco, “The world is very difficult for non-sighted people,” in June to conclude a treaty that would institute this Okediji says. “A treaty would help change that.” change in international law. While downloading a novel in India or Ghana from a “The international intellectual property system was U.S.-based Web site rich in accessible books would be a created for the protection of authors and the rights holders,” breeze, a strong headwind prevents that from happening. Okediji says. “Never have we had an international That simple act is often illegal since there’s no international copyright agreement that creates a mandatory exception to copyright exception for blind and visually impaired people. those rights. It may seem like a small thing, but in the area So accessible versions of a book are often produced of intellectual property, it’s a sea change.” multiple times in the same language. For example, the Okediji, whose father emigrated to the United enormous popularity of J.K. Rowling’s Harry Potter States from Nigeria, is representing that country in the and the Chamber of Secrets prompted groups in several negotiations as the lead expert. Nigeria has always played English-speaking countries to create 13 reproductions a key role in the multilateral engagements of the African of the novel: 8 audio and 5 braille. Group the world over. This often means that in Geneva “That is crazy,” says Chris Friend, former chair of the Okediji plays an instrumental role in helping to articulate World Blind Union’s Right to Read campaign. And it’s the negotiating positions of the 56 nations that comprise expensive. Each individually mastered version may cost the African Group. $5,000 to produce, he says. According to Pescod, Okediji is a knowledgeable insider, Current non-sharing standards don’t just prevent accessible a fierce negotiator, and infectiously personable. “She’s a
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197898_16-25_B.indd 22 4/25/13 2:38 PM Theory AT WORK
force of nature,” Pescod says. “She has a passion for this issue—full stop. For her, it’s a simple question of equality and rights.” Although Okediji has published widely and won multiple honors, she says that advocating for blind and visually impaired people is among her most important activities. “It’s the place where all of the things that have fueled my research, teaching, and scholarship have come together perfectly.” Once a new international treaty is signed, millions of readers will be able to download accessible books from websites with robust libraries, such as the U.S.-based nonprofit Bookshare, which boasts more than 179,000 titles. Access to a similar site based in Madrid will mean the instant availability of Spanish-language books to blind and visually impaired people in Latin countries and South America. The result is a widespread and meaningful impact on the lives of people. Says Okediji, “It’s about finding ways for people to be fully human, and it’s about protecting their sense of dignity.”
Prof. ruth Okediji at WIPO’s Standing By Todd Melby, a freelance writer and radio producer Committee on Copyright and Related Rights, 25th session, Feb. 2013, Geneva based in Minneapolis © WIPO 2013. Photo: Emmanuel Berrod Photo: © WIPO 2013.
Walter F. Mondale (’56) Honored for Supporting Justice
At its sixth annual Constitutional Champions gala in Those honored at the Constitutional Champions event April 2013, the Constitution Project observed the 50th were Abe Krash, who was assigned to represent Gideon; anniversary of the landmark U.S. Supreme Court Bruce Jacob, who represented the state of Florida; and decision in Gideon v. Wainwright, establishing the right Mondale, who as Minnesota Attorney General organized of defendants in state courts to have a lawyer. Three the signing of an amicus brief by 22 additional state attorneys with a special connection to the case were attorneys general in support of Gideon’s right to honored at the event, among them Walter F. Mondale counsel. (’56), who was accompanied to the commemoration at the Jones Day law firm in Washington, D.C., by Dean Also honored was the late Anthony Lewis, a Pulitzer David Wippman. Prize winning journalist who in 1964 published Gideon’s Trumpet, an examination of the case. Gideon v. Wainwright began with the 1961 arrest of Clarence Earl Gideon on suspicion of burglary. Unable to The Constitution Project was established in 1997 out of afford an attorney at his court appearance, Gideon was concern over the proliferation of proposals to amend told that under Florida law, he could have court-ap- the Constitution. It brings together policy experts and pointed counsel only if charged with a capital offense. legal practitioners to foster consensus-based solutions He acted as his own defense counsel, was found guilty, to difficult constitutional challenges and has gained a and was sentenced to five years in prison. From prison national reputation for its bipartisan approach. he appealed to the U.S. Supreme Court, arguing viola- tion of his Constitutional rights.
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197898_16-25_B.indd 23 4/25/13 2:38 PM Lwa Library Announces New Research Site Devoted to Mondale’s Senate Years
Walter Mondale, Senate Leaders Lecture Series, Sept. 4, 2002 U.S. Senate Historical Office
“My Senate years were the happiest of my public career. I found my sweet spot here. I loved working with friends and colleagues, and I loved learning new things. I loved watching my colleagues do their stuff.” —Walter Mondale, Senate Leaders Lecture Series, Sept. 4, 2002
The University of Minnesota Law Library clause of the Constitution is demonstrated over and over is pleased to present Walter F. Mondale: Spokesman for Reform again. The clause is a simple sentence, directing the presi- and Justice in the U.S. Senate, a website devoted to the dent to “take Care that the Laws be faithfully executed.” As senatorial career of Walter Mondale (’56). The Law Library Walter Mondale explains in his book The Good Fight, it is a created this site to provide access to the extensive body of phrase that has been a touchstone throughout his career: information on Senator Mondale’s work in shaping crucial legislation from 1964-76. Senator Mondale’s work is Our founders understood that a decent society, a society that documented in full text access to selected proceedings and can endure and prosper, needs leaders who transcend the politics debates on the floor of the Senate as recorded in the of the moment and pursue the nation’s long-term aspirations. Congressional Record. The site—developed and designed by Barbara Berdahl, These leaders will take care of the Constitution, understanding Assistant Librarian, under the direction of Katherine Hedin, that they are only custodians of an ideal–stewards with a debt and built by Glen Anderson, Multimedia Specialist—is to their forbearers and a duty to their heirs. They will take care divided into 13 major sections. Each begins with an of their fellow citizens–especially the poor and disenfranchised– overview of Senator Mondale’s work in a particular area. understanding that a society is stronger when everyone contrib- Senator Mondale’s eloquence and steadfast loyalty to utes. They will take care of our children, understanding that a fairness, justice, and openness in government are showcased in excerpts from his speeches and writings, followed by full wise society invests in the things that help its next generation text access to his work on the floor of the Senate. Each succeed. section concludes with a list of hearings in which Senator Mondale took part, as well as a list of the prints and reports The Mondale site is a rich source of research for of the committees on which he served. scholars and graduate students in the areas of legal history, The site covers Senator Mondale’s key legislative battles, political science, and American history. The site includes including those for fair housing, civil rights, children and extensive primary source material of value to scholars education, the alleviation of poverty, and increased oversight researching American political history from 1964-76. It of the FBI and the CIA. His commitment to the “take care” drills down deeply into the work of Congress during this
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197898_16-25_B.indd 24 4/25/13 2:38 PM Ambassador Mondale and Joan Mondale with President Bill Clinton and Hillary Rodham Clinton, 1994 University of Minnesota Law Library Archives
Senator Mondale visiting American troops in Vietnam, 1966 University of Minnesota Law Library Archives
Senator mondale watching President Johnson sign the Civil Rights Bill, April 11, 1968 U.S. News & World Report magazine collection, Prints & Photographs Division, Library of Congress
time period, illuminating the work of Senator Mondale as The site includes photographs of Walter Mondale held well as other key members of Congress and shedding light in the Riesenfeld Rare Books Research Center at the on the passage of several important laws in our nation’s University of Minnesota Law Library, the Minnesota His- history. torical Society, the Library of Congress, and the National Scholars focusing on Minnesota history during the Archives. Many of these photographs are part of a permanent 20th century will find the site valuable. In exploring the exhibit in the Riesenfeld Center devoted to the career of contributions of Mondale to our nation’s history, the site Walter Mondale. This site is part of the Law Library’s provides extensive documentation of Minnesota’s impact ongoing efforts to develop digital collections that enhance on the national stage as well as, of course, Mondale’s access to the Library’s rich and deep resources. We invite you impact on Minnesota. The site is also valuable to students to visit the site at mondale.law.umn.edu. in upper division or honors courses, particularly those in classes requiring the use and interpretation of primary source By Katherine Hedin, Curator of Rare Books and Special material. Collections
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Faculty Awards, Grants, and News
Dale Wahl, the first Stephen Carpenter’s woman on Cribari taught book Flagrant Minnesota’s for the Navy- Conduct: The Story Supreme Court, Marine Corps of Lawrence v. was partially Court of Texas was named included in the Criminal Appeals one of the “100 documentary in August 2012, Notable Books of 2012” by the “Girl From Birch Creek,” released in and in the fall he taught in the editors of the New York Times Book November 2012. The 70-minute film University of Notre Dame Law Review and also selected for Exem- on Wahl’s life and influence was School’s London Summer Law plary Legal Writing in 2012 and written and directed by Emily Haddad Program, which he co-directs, and inclusion in its 2013 Almanac & (’77), and co-produced by Haddad and served as interim director of the Reader by the board of advisers of The John Kaul through their company, entire program. In February he taught Green Bag. In March the book was Lightshed Productions. The film is a and mentored students as “Laurentian chosen as a finalist in the non-fiction presentation of the Washington County in Residence” at the invitation of his category from among 687 submis- (Minn.) Historical Society, funded in undergraduate alma mater, St. sions to the 25th annual Lambda part by the Minnesota Historical Lawrence University. In May he’s Literary Awards. Winners will be Society. Cooper is currently teaching teaching admitting digital evidence at announced June 3, 2013. Introduction to American Law at the North Dakota Judicial Institute, Uppsala University, which Law School and in June he returns to London for Laura Cooper’s videotaped 1994 faculty have taught for over 25 years, to the summer program. His poem “No interview of former Justice Rosalie E. students from 5 countries. Man’s Land” was published in War
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197898_26-33.indd 26 4/23/13 9:32 AM 1 Peggy Hunt, Brigitte Frase, 2 Prof. Carol Chomsky and 4 Profs. Robert Stein (’61), and Profs. Brett McDonnell and Judge Toddrick Barnette (’92), 3 Jeff Paulsen, Sharon Reich Richard Frase, and Fred 5 Profs. Greg Shaffer, Susanna Bert Kritzer at reception a panelist on Diversity on the Paulsen, and Prof. Mark Morrison at Prof. Frase’s Blumenthal, Claire Hill, and following Prof. Richard Frase’s Bench for Diversity Week in Kappelhoff at Prof. Frase’s reappointment lecture Brian Bix at Prof. Antony Duff’s reappointment lecture in April March lecture reception reception in April appointment lecture in April Student Perspective
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Poems and received a commendation to sociolegal phenomena. Her research questions to pose to the U.S. delega- in the 2012 Pendle (England) War on the role of law in promotion and tion during its appearance before the Poetry competition. regulation of medicine, science, and Committee in October 2013. Among biotechnology includes study of the issues that the report recommends Richard S. Frase supply, demand, and access to be addressed: measures to prevent received the 2012 organ transplantation and assisted abuse with small arms and light Equal Justice reproductive technology. weapons, federal and state cooperation Award in to prevent human rights violations Research from Jennifer Green with reasonable gun regulations, the Council on and Barbara firearm use in cases of domestic Crime and Justice Frey, Director of violence, police brutality and excessive for his work on sentencing policy, the University’s force with firearms, and measures to state sentencing guidelines, punish- Human Rights prevent transfer of small arms and light ment theory, race and sentencing, Program, submit- weapons across U.S. borders. and many related topics. The award ted a report on Among the report’s recommendations recognizes research to identify critical gun violence in are universal background checks, criminal justice issues and trends. the United States stronger enforcement of laws prohib- to the U.N. iting gun ownership, elimination of Human Rights loopholes allowing gun purchases Michele Committee early online and at gun shows, and enact- Goodwin was this year. The ment of a ban on assault weapons and elected to a U.S. record is due ammunition. three-year term for review by the Committee as part on the Board of of the periodic compliance account Stephen Meili, Trustees for the under the International Covenant on who is on Law and Society Civil and Political Rights. The report, sabbatical at the Association, an interdisciplinary, also worked on by students in the University of international organization that focuses Human Rights Litigation and Interna- Oxford research-
on empirical research in areas related tional Advocacy Clinic, suggests ing the impact of cont >
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< cont international human rights treaties on December, sary as a naturalized U.S. citizen next U.K. asylum jurisprudence and following year, Sokol is one of more than 200 practice, presented his research at publication of his Latino/Latina law professors teaching Oxford’s Refugee Studies Centre and editorial in the at U.S. law schools and says, “It is a at its Centre on Migration, Policy and Dec. 19, 2012, great honor to serve in this capacity Society. Among his findings: Human New York Times and build bridges among law profes- rights treaties have been increasingly online edition sors, students, and practitioners.” beneficial over the past decade to entitled “The N.R.A. Protection asylum-seekers in the United Racket.” He wrote that the influence Barbara Young Kingdom but less so in Canada, and a of “political protection rackets” Welke was positive impact depends on incorpora- organized by extremist fringe groups named a tion into domestic law. His U.K. already was apparent during his term Distinguished research is part of a larger study also as chief White House ethics lawyer McKnight including Australia, New Zealand, and (2005-07), and it has increased since University the United States, supported by grants then. “The most blatant protection Professor, an from the National Science Foundation racket is orchestrated by the National honor that goes to tenured mid- and the Robina Foundation. Rifle Association,” he wrote, noting career faculty whose careers have that Republican politicians must free developed and advanced at the Myron Orfield themselves from “dependence on big University of Minnesota and whose and Thomas money from groups like the N.R.A.” accomplishments have brought Luce, director and the influence they wield. prestige to Minnesota. She was and research selected for her interdisciplinary director of the Francis Shen research on the relationships of law Institute on received a 2013 and economy, and legal selfhood and Metropolitan Multicultural citizenship, from the nation’s found- Opportunity, Research Award ing through the 20th century. “Her released “Open from the work,” reads the McKnight Professor Enrollment University’s introduction on the University and Racial Institute for Provost’s site, “has provided a crucial Segregation in Diversity, Equity, and Advocacy foundation for understanding the the Twin Cities: (IDEA) for his project “Race, Gender, relationship between power and 2000-2010.” The and the Sorting of Guilty Minds.” abundance on the one hand and study of the Metro area’s 69 school The project, which builds on a security and the character of Ameri- districts provides evidence that collaborative study (86 N.Y.U. L. Rev. can democracy on the other.” Minnesota’s Open Enrollment 1306 [2011]) of the ability to Recipients hold the title Distin- program increases racial segregation distinguish between categories of guished McKnight Professor for as in area schools. mental states defined in the Model long as they remain at the University. Penal Code, will investigate the Hari Osofsky effects of defendant race and gender Susan Wolf was was selected for on the attribution of mens rea in the invited by the the 2013-14 criminal law. IDEA supports faculty Israeli Ministry Fesler-Lampert and community scholars in interdisci- of Health and Chair in Urban plinary, innovative study that addresses the European and Regional social issues. Research Area Affairs to pursue Network for her project, “Fostering Suburban D. Daniel Research on Rare Diseases to speak Climate Change Efforts in the Twin Sokol, a visiting at the “Ethical Aspects of Exome and Cities.” The appointment is adminis- professor for Whole Genome Sequencing Studies” tered by the Humphrey School of 2012-13 from the workshop in Tel Aviv. Her lecture Public Affairs’ Center for Urban and University of addressed the question of whether Regional Affairs and provides a year Florida Levin to offer any incidental findings and of financial support to University College of Law, individual research results that are faculty members doing Minnesota- has been appointed the inaugural of potential health importance back related research on these topics. chair of the newly approved Law to research participants. She has led a Professors Committee of the series of research projects sponsored Richard Painter was a guest on Hispanic National Bar Association. by the National Institutes of Health CNN’s “Anderson Cooper 360” and An immigrant to the United States and the Robert Wood Johnson MSNBC’s “The Last Word” in who will celebrate his 20th anniver- Foundation focusing on this issue.
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197898_26-33.indd 28 4/23/13 9:33 AM faculty perspective
Faculty Trio Promotes Legal Uniformity Among States
The uniqueness of each state is one of America’s glories, but it also can be a legal challenge. Three Law School faculty members have been involved recently in writing proposed legislation to standardize and update laws, in hopes that state legislatures will adopt them for a more unified system. In 2012 only a handful of uniform acts were approved for states’ Kevin Reitz Brian H. Bix consideration by the Uniform Law Commission (ULC), a body of more than 350 legal experts appointed by of manufactured homes the same legal their states to draft and promote protections as other homeowners. enactment of uniform laws. Among The Uniform Premarital and the acts approved were the Uniform Marital Agreements Act clarifies and Manufactured Housing Act, for standardizes an array of legal agree- which Professor Ann M. Burkhart ments between spouses or persons served as the drafting committee’s planning to become spouses. Legal Reporter, and the Uniform standards for regulating and enforcing Premarital and Marital Agreements agreements, and their application in Act, for which Professor Brian H. premarital versus marital situations,
Bix served as Reporter. vary widely among states, creating Ann M. Burkhart The Uniform Manufactured conflicts as couples move between Housing Act improves state titling laws states. The proposed act treats for manufactured houses (commonly premarital agreements and marital theory on criminal law have changed called mobile homes), enabling owners agreements under the same set of significantly. to classify them as real property principles and requirements and Professor Kevin Reitz serves as regardless of location. The proposed establishes a uniform approach Reporter for the first-ever revision of act includes a simple process for across state lines. the Code’s provisions on sentencing converting homes currently classified Since the American Law Institute and corrections. More than half of as personal property. Adoption would (ALI) developed the Model Penal the immense project, about 600 make home financing more affordable Code to unify state criminal law pages, has been completed and and available and would offer owners statutes 50 years ago, attitudes and approved by the ALI.
Faculty Book Publications May 2012-May 2013 Brian Bix, Contract Law: Rules, Theory, and Context (Cambridge U. Press, 2012) (Cambridge Introductions to Philosophy and Law series)
Tom Cotter, Comparative Patent Remedies: A Legal and Economic Analysis (Oxford U. Press, 2013)
Barry Feld, Kids, Cops, and Confessions: Inside the Interrogation Room (NYU Press, 2013)
Richard Frase, Just Sentencing: Principles and Procedures for a Workable System (Oxford U. Press, 2013)
Michael Hannon, Digital Evidence: Computer Forensics and Legal Issues Arising from Computer Investigations (William S. Hein & Co., 2012)
Hari Osofsky, Climate Change Law and Policy (Aspen, 2012) (with Lesley McAllister) (Aspen Elective series)
For additional faculty-published and -edited casebooks, chapters, and articles, go to www.law.umn.edu/faculty/recent-publications.html.
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197898_26-33.indd 29 4/23/13 9:33 AM faculty perspective visiting and new faculty
Visiting Faculty NEW Faculty America. She is also a member of the Yale Cultural Cognition Project. Kieran McCartan, senior lecturer in June Carbone, an expert in family law, Among the honors Carbone has criminology and deputy director of the assisted reproduction, and law, medicine received are the 2009-10 Daniel L. Criminal Justice Unit at the University and bioethics, joins the Law School Brenner Faculty Publishing Award from of the West of England, Bristol, was in faculty in late June 2013 as the inaugural UMKC School of Law, the 2002 SCU residence April 1-28, 2013, as a visiting holder of the Robina Chair in Law, Award for Recent Achievement in scholar at the Robina Institute of Science and Technology. She has been Scholarship over the previous five years, Criminal Law and Criminal Justice. the Edward A. Smith/Missouri Chair of and the 2002 SCU Law School Award He has studied the origins and causes Law, the Constitution and Society at the for Distinguished Scholarship. of sexual offending, particularly child University of Missouri at Kansas City Carbone received her J.D. from the sexual abuse and pedophilia, and (UMKC) since 2007. Yale Law School and her A.B. from the societal responses to sexual offenders. Previously she was an associate Woodrow Wilson School for Public and His current research employs multidis- professor and a professor at Santa Clara International Affairs at Princeton ciplinary discussions, international University (SCU) School of Law, University. perspectives, peace building, and social beginning in 1987. She served as psychology to examine relocation, associate dean for faculty development reintegration, and management of from 2000-06 and as the Presidential sexual offenders in the community. Professor of Ethics and the Common faculty works At Minnesota, he participated in Good from 2001-03, an appointment “Community Engagement Around that supports ethics research at the in progress Sexual Offending: Understandings and University’s Markkula Center for Responses,” the first of the new Applied Ethics. She also was a director >>> Robina in Conversation series for of summer study programs in january 2013 scholars and community members. Singapore, Sydney, and Hong Kong. He also conducted focus groups to Carbone has been a visiting scholar 24 Professor Eleanor Brown ascertain local residents’ understanding at Stanford University’s Institute for George Washington University of criminal justice responses to child Research on Women and Gender and Law School The Blacks Who “Got Their 40 sexual abusers and attitudes on reinte- at George Washington University Acres”: A Theory of West Indian gration and rehabilitation, and spoke School of Law; taught at George Migrant Asset Acquisition with local criminal justice officials Mason University School of Law; and about child protection and sex offender served as a trial attorney in the Civil 31 Professor Jane Kirtley management. Division, Federal Programs Branch of University of Minnesota Law School The Robina Visiting Scholars the U.S. Department of Justice. Is the Public Value Test Consistent program focuses on helping younger She has written prolifically on law With the First Amendment? scholars pursue research projects that and the family, marriage, divorce, and connect with the Institute’s work and domestic obligations, including changes >> purposes. Visiting Scholars have access brought about by the biotechnology February 2013 to the Institute’s administrative revolution. Her most recent book, 7 Professor Richard Painter resources to help with development of co-authored with Naomi Cahn, University of Minnesota Law their projects and to Institute members Red Families v. Blue Families: Legal School and other scholars in the Law School Polarization and the Creation of Culture Selective Disclosure of Nonpublic and University departments for (Oxford U. Press, 2010), explores the Information by Government and feedback and discussion. effects of diverging values and norms in What Can be Done About It
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197898_26-33.indd 30 4/23/13 9:33 AM faculty perspective Prof. Richard Frase Presents Benjamin N. Berger Professor of Criminal Law Reappointment Lecture
Professor Richard S. and judicial discretion (which Frase, the Law School’s Benjamin N. provides flexibility and efficiency). Berger Professor of Criminal Law Frase described a hybrid sentencing since 1991, delivered his reappoint- model that accommodates these ment lecture, “A Sentencing System considerations. It is based on the That Works: Hybrid Principles and theory of limiting retributivism: The Proven Procedures,” on April 2, 2013. offender’s blameworthiness sets upper He has authored or co-authored 8 and lower limits on punishment, with books and more than 70 articles and specific sentences determined by essays on criminal justice topics. crime-control goals and other In his lecture, Frase said that any case-specific considerations. The workable and sustainable sentencing model’s procedures were inspired by system must accommodate several guideline systems in Minnesota and competing purposes, including several other states that structure System (Oxford U. Press, 2013) with retribution (just deserts), crime sentencing decisions while permitting the goal of moving all sentencing control (through deterrence, incapaci- reasoned departures, thus balancing systems forward. tation, rehabilitation, and moral competing values. The principles and The Benjamin N. Berger Chair in education), racial neutrality, and procedures of the proposed sentenc- Criminal Law was established restorative justice (holding offenders ing model have also been endorsed through the generosity of Benjamin accountable, providing compensation by many sentencing theorists and in Berger, prominent Minneapolis for victims and the community, and model sentencing standards and businessman and humanitarian, and seeking reconciliation). A viable codes. Frase cautioned that while his wife Mildred, who believed that sentencing system must also strike a there is no perfect system, there is continuous, systematic examination balance between the competing room for improvement in even the of all aspects of crime is a tangible values of mandatory rules (which best. He wrote Just Sentencing: means of reducing the level of crime provide uniformity and predictability) Principles and Procedures for a Workable in America.
Lectures on works in progress at the Law School and other institutions are held on Thursdays from 12:15-1:15 p.m. in Room 385. They are open to the public but require an RSVP to Tom Boyle at 612-625-7868 or [email protected].
February 2013 (continued) for an Optional Disclosure-based 11 Professor Michele Goodwin Regime for Regulating Insider University of Minnesota Law 14 Professor Gregory Shaffer Trading School University of Minnesota Law Fetal Protection Laws: Moral School 14 Professor Paul Vaaler Panic & The New Constitutional Transnational Legal Orders University of Minnesota Carlson School of Management Battlefront 21 Professor Melissa Wasserman Minority Rules: Credible State 18 Professor Elizabeth Emens University of Illinois College of Ownership and Investment Risk Columbia Law School Law Around the World Compulsory Sexuality Do Agencies Delay Costly Obligations? An Empirical Analysis 28 Professor William Forbath 25 Professor Russell Korobkin of the PTO’s Examination Priorities University of Texas School UCLA School of Law of Law Relative Value Health Insurance: 28 Professor Camille Gear Rich The Constitution of Opportunity A Behavioral Law and Economics University of Southern California Solution to the Medical Care Cost Gould School of Law >>> Crisis Innocence Interrupted: APRIL 2013 Reconstructing Fatherhood in the >>> Shadow of Child Molestation 4 Professor Kieran McCartan >>> University of the West of England may 2013 march 2013 (Visiting Professor) 2 Professor Laura Heymann From a Lack of Engagement and William & Mary Law School 7 Professor Thomas Lambert Mistrust to Partnership? Public University of Minnesota Law Rights, Remedies, and the Doctrine School Attitudes to the Disclosure of Sex of Election Decision Theory and the Case Offender Information
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Prof. Antony Duff Delivers Russell M. and Elizabeth M. Bennett Chair in Excellence Appointment Lecture
philosophy of punishment, and his The second model focuses on the research and publications have distinction between tort law and renewed interest in the fields. criminal law, both of which are Duff began his lecture by explain- concerned with wrongs. Duff ing different conceptions of tort law. discussed how their aims differ and Some theorists believe that tort law is how we should decide which wrongs about allocating the costs of harm: It belong to tort law only, and which shifts the costs from the plaintiff to properly belong to criminal law. the person who caused the harm, The University of Minnesota whereas criminal law is concerned Foundation created the Russell M. with condemning and punishing and Elizabeth M. Bennett Chair wrongdoing. On another model, in Excellence to recognize Russell however, tort law is concerned with and Elizabeth Bennett for their On April 9, 2013, Professor correcting wrongs, or with providing extraordinary volunteer service to Antony Duff presented “Torts and civil recourse for those who have the University and to honor Russell Crimes, Harms and Wrongs,” the been wronged. for serving as chair of two highly Russell M. and Elizabeth M. Bennett The first model, Duff said, raises successful University capital cam- Chair in Excellence Appointment the question, What is the purpose paigns. Both earned undergraduate Lecture. Duff joined the Law School of monetary damages? Successful degrees at the University, and Russell, faculty as a tenured professor in 2010 plaintiffs typically obtain monetary who passed away in 2010, graduated and is also a professor emeritus in the damages to pay or compensate for the in the Law School Class of 1952. The University of Stirling, Scotland, cost of harm. But how do monetary Russell and Elizabeth Bennett chair is Department of Philosophy, which he damages constitute an appropriate designed to support a scholar who headed for three terms. He is recog- remedy for a wrong, especially when has an interdisciplinary focus and nized internationally for his expertise damages are paid by the insurance demonstrates excellence in teaching, in criminal law theory and the company, not the defendant? advising, and research.
legal history workshops Workshops are held Fridays from 10:10 a.m.-12:10 p.m. in Room 15 of Mondale Hall and are open to the public. To receive the paper in advance of the lecture, email Prof. Barbara Young Welke at [email protected].
>>> 8 P rofessor Ellen Herman >>> february 2013 Department of History, april 2013 University of Oregon 22 Professor Binyamin Blum 5 Professor Lucy Salyer Autism: Between Rights and Risks Hebrew University of Jerusalem Department of History, Faculty of Law 15 F ahad Ahmad Bishara University of New Hampshire Forensic Technology in the Age Prize Fellow in Economics, History The Forgotten Right of of Empire: Expert Testimony in and Politics, Joint Center for Expatriation: Allegiance and Mandate Palestine During the History and Economics, Harvard Sovereignty in Modern America University 1930s 26 Professor Christopher Tomlins For Allah, Mammon, and Empire: University of California Irvine Law and Plantation Society in >>> School of Law Early–19th century Muscat and march 2013 Jerusalem, Jerusalem: Zanzibar 1 Professor Christine Desan The Turner Rebellion Harvard Law School 29 Professor William E. Forbath Re-theorizing Money: The Struggle University of Texas at Austin Over the Modern Imagination School of Law Jews, Law and Identity Politics
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197898_26-33.indd 32 4/23/13 9:33 AM faculty perspective Faculty Profile
Judith T. Younger Joseph E. Wargo Anoka County Bar Association Professor of Family Law
Judith T. Younger became a professor of law in 1985, focusing on property and family topics, and was named the Joseph E. Wargo Professor in 1991. In 2010 she received the Stanley V. Kinyon Chaired Teacher of the Year award, an honor that recognizes excellence in teaching and counseling.
“Who wants to wash the blackboard? New York’s first woman law I need volunteers,” Prof. Judith T. school dean before resigning in Younger calls from the podium, protest over financial finagling, a flashing a beguiling grin at those bold move that landed her on the who’ve arrived early for class. Several New York Times’ front page. When 1L students jump up to scrub while her husband also resigned from his one peeks out at me from behind firm, then dean Robert Stein enticed his shining Apple. “She’s a character,” both to abandon their coast and he confides. teach at the Law School. Indeed. Today’s property cases “Some of the best things in life involve chimney sweeps, bailees, are accidental,” Younger chuckles. brooches, and bad conduct, finder- “I’d never been in Minnesota. It keeper stories Younger relishes telling. was very cold but sunny. You could were, they never said thank you.” But she demands more than polite look outside and think you were Not that all is perfect. Fondly note-taking and nodding affirmation. on a beach.” Besides, the Midwest recalling a boss who attacked her fact “Do what you like to do—pick holes offered more “real life,” fewer lines, memos with scissors, excising every in what I say!” she badgers. “You do and less traffic. unnecessary word, she despairs over like to do that, don’t you? Of course Although raised with paternalistic deficient basic skills and students who you do. It’s going to be your job, in values, she is deeply interested in lack the “rabid willingness to edit. most cases.” such feminist issues as equal pay for They reach into the laundry bag of Since arriving in Minnesota as a equal work. Portraits of strong words, grab a handful, and throw visiting professor in 1984, Younger has women, from Billie Jean King and them down on the page,” she says. commanded classrooms with audacity Colette to Georgia O’Keeffe and “Language is the lawyer’s main tool, and affection, harrumph and humor. Eleanor Roosevelt, panel her office. written and oral.” The daughter of public school In 2007, her students requested She enriches the culture. To jolly teachers, she and her late husband, a reproductive rights class. “How could her students out of their first-year Irving Younger, whom she met at the I teach such a course, I asked them. I’d crankiness, she occasionally asks Bronx High School of Science, have to get it through the education “cookie questions”; those who email competed fiercely at New York policy committee, make up the correct answers get to snack from the University Law School, where they curriculum, shepherd the resources. large bag she wheels to class. She also shared books and aspirations. Her There was no appropriate casebook….” has been faculty advisor to the career included litigating with a Wall She shakes her head, recalling. But Theatre of the Relatively Talentless Street firm and partnering her own together they created one of few such for 11 years—“a great job, because firm before motherhood pointed her classes in the country. The topic is hot, they never ask for advice and I never toward academia. Despite her intimi- and teaching is her passion. give any.” She sings (badly), dances, dating initiation—teaching NYU “It’s rewarding because of the and confesses to script sabotage, evening classes to working professionals illusion I have that I have a hand in wherein “I change the lines because who understood wills and trusts better the future of the profession, for good I don’t think they’re funny.” than she did—she had found her gift: or bad,” she says, reaching for an index Younger has no plans to shed the “The first time I taught, I thought I card jammed under a thumbtack on spotlight or retire any time soon. should pay for the privilege.” her office bulletin board. A favorite That grin appears again: “Why in She helped found Hofstra Law student has recorded heartfelt thanks, the world would I stop?” School in 1970 and also taught at in ink. “My capacity to influence my Cornell and American University as students is extremely satisfying. Clients By Cathy Madison, a freelance writer/ well as Syracuse, where she became were never grateful, and even if they editor based in the Twin Cities
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Student Profiles
“It was a wake-up call for me,” he Girmachew did his Darfur research says. The experience changed the at the University of Oslo while course of his life. As he continued to studying for a Ph.D. He also studied fight for workers, Girmachew realized other human rights topics, including the need for greater expertise. So he Ethiopia’s experiences in the late applied for admission to the Univer- 1970s when the military government sity of Oslo in Norway. After earning murdered thousands of people. The an M.A. in African Union and human outcome of that research was a rights law in 2001, he returned home co-edited book, The Ethiopian Red to Ethiopia to teach law at Addis Terror Trials: Transitional Justice Chal- Ababa University. lenged (Boydell & Brewer Ltd., 2009). A couple of years later, government After completing his Ph.D. in 2008, troops in neighboring Sudan began Girmachew returned to Addis Ababa Girmachew Alemu Aneme killing civilians in the Darfur region, University and soon opened the 2012–13 HUMPHREY FELLOW prompting Girmachew to begin Center for Human Rights in its Before graduating from Addis Ababa investigating the African Union’s School of Governance Studies. The University in 1997, Girmachew responsibilities in times of humanitar- Center’s legal aid program represents Alemu Aneme rarely left Ethiopia’s ian crises. The result was a 315-page poor people in three Ethiopian cities. capital. But then the newly minted book, A Study of the African Union’s “I want to use the law as a tool for lawyer began representing coffee, Right of Intervention Against Genocide, social change,” Girmachew says. sugar, and tea laborers. As he drove Crimes Against Humanity and War The human rights activist arrived around the countryside to visit Crimes (Wolf Legal, 2011). at the Law School for a Humphrey plantations, he witnessed the suffering “We’re all human beings,” he says. Fellowship hoping to improve his of workers. “I want to avoid a repetition.” leadership skills, and he has through
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197898_34-41_B.indd 34 4/25/13 2:46 PM 2 NOLA participants 1Ls 4 LL.M. students and staff at 1 3Ls Ruth Langworthy, Jay Sydney Goodhand, Crystal Tsai, the Minnesota Timberwolves Creagh, and Brian Burke at Ariel Pittner, Dylan Quinn, and 3 2L TORT performers Drew basketball game against the Students Leadership Founda- Nathan Louwagie at Café du Bredeson, Sean Smestad, Phil Oklahoma City Thunder on tions Program Monde, New Orleans Black, and David Pascoe March 29 Student Perspective
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such activities as mediation training at Al-Mulhim is committed to Minnesota’s Conflict Resolution moving forward. Before coming to Center. “I never understood the power Minnesota, he’d landed a teaching job of training before this,” Girmachew at King Faisal University in Al-Hassa, says. “I feel more empowered.” a city of about 1.7 million people. Empowered enough to imagine When the upbeat 27-year-old returns, himself as president of Addis Ababa he hopes to open a human rights University? Girmachew chuckles. center at the college. “There’s a huge “Maybe someday,” he says. “But women’s rights movement in Saudi in the meantime, I will be a better Arabia right now,” he says. professor, a better leader, and a Al-Mulhim is part of a large Saudi better human being.” family. His grandfather had four wives from three different countries—Saudi Mohammed Al-Mulhim Law School’s stellar reputation and Arabia, United Arab Emirates, and LL.M. CLASS OF 2013 suggested he apply. But first, India. In his immediate family, Everything seemed set in Mohammed Al-Mulhim needed to improve Al-Mulhim is one of seven children, Al-Mulhim’s life. He’d graduated from his English, so he enrolled in the including four sisters. college with an Islamic law degree, University’s English as a Second He practically glows when speaking earned a master’s in Islamic legal Language program before beginning of his sisters, one of whom arranged a policy, and been appointed an his LL.M. studies. date for him—a common Saudi administrative judge in Riyadh, Saudi Now, with a firm grasp of English, cultural practice—with the woman Arabia, the country of his birth. But Al-Mulhim is digging into his legal who later became his wife. “If you something stirred within him. “I felt courses. He’s most passionate about don’t have a sister, you are not a lucky I was missing something,” he says. “I international human rights and has man,” he says. Luck continues to shine was not myself.” loaded up on three such classes so far, on Al-Mulhim. Dalal, his wife, So he began talking to friends and taught by Marsha Freeman, Barbara recently gave birth to Abdullah, a family members about learning new Frey, and David Weissbrodt. “These healthy baby boy. skills in new places. A cousin living classes give you the keys and it’s your When he’s not studying or in Minneapolis told him about the decision to go further or not,” he says. spending time with his wife and cont >
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< cont young son, Al-Mulhim likes to try Some impressive future employers new recreational activities. He’s believe Bell has plenty to contribute. visited a shooting range, experi- Beginning this summer, he will be mented with archery and skydiving, clerking at the Minnesota Supreme ridden in a helicopter, and canoed at Court for Justices Alan Page (’78), Lake Calhoun. Christopher Dietzen, and Wilhelmina Up next? Says Al-Mulhim, “I want Wright. He’ll research cases, write to ride a horse in the suburbs.” bench memos, and draft opinions. In mid-2014, Bell joins Dorsey & brian bell Whitney, one of the city’s most CLASS of 2013 prestigious firms, as an associate, working in the areas of environmen- tal, energy regulation, and regulatory affairs law. After clerking at the firm ruling limited the economic freedom last summer, he came away impressed. of American Indians and reverberated “I was surrounded by intelligent, through U.S. history. hard-working people,” he says. “I Professor Hari Osofsky, who taught liked being part of the private sector.” the property law course and is Bell has also found those traits working on a doctorate in geography, among the Law School faculty. He didn’t just discuss the legal implica- points to Professor Ruth Okediji, tions of the case, she delved into its who teaches contracts, international social implications. That approach intellectual property law, and other appealed to Matson. So she’s doubling courses, as a case in point. “She up in grad school by taking courses genuinely cares about students,” he in law and geography simultaneously, Like all new law students, Brian Bell says, and in the classroom, “She’s not toward an eventual Ph.D. faced a mountain of homework afraid to let students confront one “I always wanted to be a professor,” during his first weeks of classes. “Uh another and confront her.” Matson says. “Ultimately, I’m inter- oh,” he remembers wondering. “Was In the end, Bell says the Law ested in theoretical questions.” this the right decision? Will I be able School raised his game. “The But that doesn’t mean she’s to handle it?” University has brought my knowl- ignoring the real world. In Kenya, He needn’t have worried. Bell hun- edge and critical thinking skills to a besides learning Swahili she spent kered down, labored long, and earned new level.” time with the Giriama people and a GPA in the top quartile of his class. later wrote an undergraduate thesis In addition, the Minneapolis native laura matson about the experience. “I wanted to argued well at the National Moot CLASS of 2014 get out of my comfort zone and be Court regional tournament last fall When Laura Matson started Law surrounded by people who were and co-wrote the petitioner brief that School, she didn’t expect property different than me,” she says. won best-in-region honors. law to be a favorite course. “It was More recently, she testified before Once Bell settled into Law School, very surprising to me,” she says. the U.N. Human Rights Committee he found that a lot of the reading The Minnesota native, who in Geneva on the impact of weapons related to history and political earned a master’s degree at the violations on human rights. As science, subjects he’s been passionate School of Oriental and African summer student director of the about for years. In high school, his Studies at London University and Human Rights Litigation and advanced placement classes focused studied Swahili in Kenya while an International Legal Advocacy Clinic, on U.S. and European history. As an undergraduate at Sarah Lawrence Matson co-wrote an amicus brief in undergraduate, he earned a political College, figured to focus on interna- the case of Kiobel v. Royal Dutch science degree from the University. tional human rights issues. And while Petroleum. And she’s also served as lead “I just love politics,” he says. “That’s she has done that too, Matson has outside articles editor for Law & my sport.” Bell enjoys reading politi- become fascinated by who owns Inequality: A Journal of Theory and cal blogs and following electoral what and why. Practice. politics in non-presidential years, The 1823 U.S. Supreme Court Luckily, Matson has a hobby that something most Americans don’t decision that sparked her imagination, brings her pleasure and eases the bother to do. He has volunteered on Johnson v. M’Intosh, prohibited intensity. The 28-year-old is a gifted one campaign and says he’d consider Piankeshaw Indians from selling their soprano who starred in the latest running for office himself someday. land to private individuals. According Theatre of the Relatively Talentless “Potentially I have something to to the court, only the federal govern- (TORT) parody, “Back to the Future contribute,” he says. ment had that right. That landmark Interest.” She played the role popular-
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ized by Michael J. Fox. Says Matson, that this isn’t just a really great “It’s a silly, fun thing to do.” school,” he says, “but it’s a really great school that cares about who I am.” George Byron Griffiths As he nears the end of his 1L year, CLASS of 2015 Griffiths is pondering his future legal Before George Byron (“Geordie”) career. He majored in psychology as Griffiths began studying law, he an undergraduate at St. John’s worked as a Minneapolis photogra- University but didn’t pursue a pher. During his career, he rarely specialty in clinical and counseling pointed his camera at lakes or sunsets. psychology, despite being attracted to For him, people were the most the topic. Now he’s considering trusts compelling subjects. and estate law—to incorporate that “I was never really interested in interest into a future legal practice. nature or products,” he says. “For me, Then the recession of 2008 hit like When his great-uncle and grand- it’s all about people and story.” an economic tsunami. Companies cut mother died several years ago, one That’s evident in his projects, budgets overnight and freelancers without a will and one with a trust, including “Children Born to flooded the marketplace. “I saw the he witnessed firsthand how the law Challenge,” a series of black-and- writing on the wall,” he says. “I knew worked in both situations. In law as in white portraits focusing on the it wouldn’t be sustainable.” photography, it’s all about people for struggles and triumphs of three So Griffiths signed up for the Griffiths, and he wants to help others. mentally disabled children, and LSAT, scored high, won admission to “I want to provide that counselor “Minnesota 2000,” a photographic the Law School, and began classes in role to potential clients as they documentation of state citizens at the September 2011. But when his navigate the choices they have for turn of the century. mother contracted cancer, he worked how and to whom to leave gifts For more than a decade, Griffiths closely with the Law School to when they die.” managed a thriving commercial obtain a deferment and get con- photography business with big-name nected with available University By Todd Melby, a freelance writer clients such as Children’s Hospitals & resources to assist him through a chal- and radio producer based in Clinics and the Guthrie Theater. lenging time. “It confirmed for me Minneapolis
federalist society Has Strong Year of Open Debate
The Law School’s Federalist Society student States v. Jones. chapter has a simple goal: supporting debate. Founded An especially popular debate was titled “ACA on the principles of limited government, minimal judicial Decision: Correctly Decided?” More than 100 students activism, and the separation of powers, the Federalist packed the lecture hall to hear Law School Professor Society believes in the power of persuasion through Fred Morrison and George Mason Law Professor Ilya competing arguments rather than indoctrination Somin explore the Supreme Court’s NFIB v. Sebelius through one-sided speech. Thus, the group hosts decision. debates on relevant law and public policy issues, which, Somin argued that Chief Justice Roberts’ opinion based on student reactions, are meeting its goals. correctly stated that the Act could not be upheld under “I’m consistently impressed by and appreciate the the Commerce Clause, but was incorrect in upholding Society’s commitment to hosting debates in which the the Act under the taxing power. Conversely, Morrison speakers shed light on both sides of the issue in ques- argued that the decision was correctly decided in terms tion,” says Carla Virlee (’15). “Topics are always current, of the taxing power, but also should have been upheld interesting, meaningful, and sometimes provocative.” under the Commerce Clause. Both speakers made The fall 2012 semester’s events ranged from a compelling textual and policy arguments, citing prece- presentation on state court resistance to Citizens dent ranging from Marbury v. Madison to the more United v. Federal Election Commission by Seventh recent United States v. Lopez and Gonzales v. Raich. Circuit Judge Diane Sykes to a debate on the current state of privacy and surveillance in America after United By Rebecca Furdek (’15) and James Dickson (’13)
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Human Rights Litigation MJF Student Volunteer Award firsthand experience and in-depth Clinic Submits Reports to Goes to John Cetta (’13) study of current health policy Supreme Court and U.N. The Minnesota Justice Foundation issues. Only two applicants received Director of the Human Rights (MJF) Annual Awards Celebration the 2013 fellowship, administered by Litigation and International honors exemplary service to the Association of University Advocacy Clinic Professor Jennifer low-income clients by Minnesota Programs in Health Administration Green, as counsel of record on legal professionals, including one and named for the late David A. behalf of the Clinic and other Winston, former president of the co-signers, submitted an amicus National Committee for Quality brief to the U.S. Supreme Court in Health Care. the case of Kiobel v. Royal Dutch Petroleum (Shell), the second brief Matt Little (’14) Elected they have submitted in the case. Mayor of Lakeville, Minn. Clinic students Dev Gowda (’13), Matt Little (’14) took on two Britt Johnson (’12), Michele Lobo longtime members of the City (’13), Sam Manning (’13), Sara Council and was elected mayor of Mendoza (’13), and Feras Sleiman his hometown, Lakeville, Minn., in (’12) worked on the brief during the November. Running under the spring 2012 semester, and summer John Cetta (’13) slogan “It’s time for a Little leader- Clinic student directors Kayleigh ship,” he used modern social media Brown (’13) and Laura Matson (’13) helped finalize and submit the brief. student from each Minnesota law It corrects defendants’ inaccuracies school. John Cetta (’13) was the Law regarding corporate Alien Tort School’s 2012 recipient of the MJF Statute cases and whether they Law Student Volunteer Award. He place an unreasonable burden on has served as a law clerk and U.S. courts. certified student attorney for the In addition, under the direction Public Defender’s Office in Anoka of Green and Barbara Frey, director and Hennepin Counties, a student of the University’s Human Rights director of the Misdemeanor Program, Clinic students Dina Defense Clinic, and on the Minne- Al-Shorafa (’13), Rachel Blackhurst apolis Civilian Police Review Board. (’14), Laura Matson (’13), Savir Punia (’14), and Thea Reilkoff (’14) helped Anne Dwyer (’13) Named Matt Little (’14) prepare a report on gun violence for Winston Fellow the U.N. Human Rights Committee Beginning this summer, Anne Dwyer (see page 27). (’13) will spend a year in Wash- as well as old-fashioned door-to- ington, D.C., on a postgraduate door appeals to raise support and Four Students Receive Winston Health Policy Fellowship. funds for the surprisingly intense MABL Scholarships contest. Little completed his second Each year the Minnesota Association year on the City Council before of Black Lawyers (MABL) Founda- taking office in January at age 28, tion awards scholarships to talented the youngest ever mayor of the students from Minnesota law schools rapidly growing city of 56,000, who demonstrate academic excel- about 25 miles south of the Twin lence and commitment to their Cities. In a document he released communities and the principles during his campaign, Little said he of MABL. At the 2012 Annual plans to focus on “public safety, low Scholarship Gala, organized around property taxes, and job creation.” the theme “Dare to Dream, Strive to Anne Dwyer (’13) Succeed,” Anthony J. Begon (’14) Jessup International Law received the Pamela Alexander (’77) Moot Court Team Wins scholarship, Tammi Ethridge (’14) The joint J.D.-M.P.H. degree gradu- Regionals received the Michael J. Davis (’72) ate will visit key policy-development The Law School’s Philip C. Jessup scholarship, and Edmond Ahadome centers in and around the nation’s International Law Moot Court team (’13) and Melba Melton (’14) received capital for the first three months, of Kayleigh Brown (’13), Andrew MABL scholarships. followed by placement allowing Gross (’13), Liz Scoggin (’13), Carl
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the highest score in the tournament. the regional rounds of the National Undefeated until the regional Appellate Advocacy Competition championship, they qualified for an held in San Francisco, and Kruckow invitation to the national final also won sixth best oralist award. rounds. 3Ls Brian Bell, Nik The team of 2Ls Julia Marotte and Soukonnikov, and Ashley Walek Laura Stecker also did well at Thronson won the Regional regionals, winning two of their three Petitioner Best Brief and also preliminary rounds and narrowly argued well. The teams were missing a qualifying seed for the Front row: Carl Spindler (’13), Kayleigh Brown (’13), coached by Clinical Professor Brad finals. Adjunct professors Michael Liz Scoggin (’13), and Andrew Gross (’13). Back row: Clary (’75) and Adjunct Professor Vanselow (’83) and Emerald Gratz Frank White (’14), Prof. Geoffrey Larsen, and David Kristin Sankovitz (’99). (’05) and 3L student directors Anna Morine (’12) Tobin and Kim Prchal coached the Mock Trial Team is ABA Moot Court teams. Spindler (’13), and Frank White (’14) Undefeated in Regionals took first place in theR ocky 3Ls Graham Berg-Moberg, Jennifer 2013-14 Student Editors Mountain Regional tournament at Hendricks, and Jared Reams were N ew editors are in the class of 2014. Denver Sturm College of Law Feb. undefeated in the regional rounds • ABA Journal of Labor & 14-17, 2013. The team, coached by of the National Mock Trial Employment Law (2013-14) Adjunct Professor Geoffrey Larsen Philip Black, ed.-in-chief and Corporate Institute Com- Kaitlin Ziegler, lead managing ed. munications Associate David Morine • Law and Inequality: A Journal of (’12), was undefeated in the prelimi- Theory and Practice (Vol. 32) nary rounds. Scoggin took first- Meredith Leake, ed.-in-chief place and Gross took tenth-place Ariel Tazkargy, executive ed. tournament oralist. The team’s win • Minnesota Journal of International earned it a qualifying spot in the Law (Vol. 23) 2013 White & Case International Emily Willborn, ed.-in-chief Rounds in Washington, D.C., against Graham Berg-Moberg (’13), Jennifer Hendricks David Pascoe, executive ed. more than 90 countries. (’13), and Jared Reams (’13) • Minnesota Journal of Law, Science & Technology (Vol. 15) National Moot Court Teams Caroline Marsili, ed.-in-chief Do Well at Regionals Competition at the Law School on Brandon Palmen, executive ed. F or the 10th time in 11 years, Law Feb. 7-9, 2013, and are the firstL aw • Minnesota Law Review (Vol. 98) School students advanced to the School mock trial team to advance Jake Vandelist, ed.-in-chief to the national finals. Adjunct Morwenna Borden, lead managing Professors Craig Buske (’10) and ed. Craig Roen (’87) served as coaches. Letter from the Editor ABA Moot Court Team We are proud to announce that Advances to National Finals Minnesota Law Review’s upcoming The ABA Moot Court Team of 3Ls Volume 98, Issue 1, will feature an Michael Kruckow and Bradley essay by President Clinton on Prowant won a slot in the finals at globalization and economic interde- pendence. Thanks go to former Vice Holly Miller (’13), Kyle Hardwick (’13), and Leah President Walter Mondale (’56) for Kippola (‘13) writing a letter urging President Clinton to accept our invitation, to national finals in theN ational Moot staff members of Volumes 97 and Court competition. In the regional 98 for drafting the invitation and tournament at the University of overseeing the many invitation South Dakota Law School on Nov. details, and to Professor Allan 9-10, 2012, 3Ls Kyle Hardwick, Leah Erbsen for advising us throughout Kippola, and Holly Miller won the Left to right: Michael Kruckow (’13), Anna Tobin the process—a true team effort. Regional Respondent Best Brief and (’13), Kim Prchal (’13), Julia Marotte (’14), Laura Jake Vandelist (’14) the Overall Best Brief trophy with Stecker (’14), and Bradley Prowant (’13) Editor-in-Chief, Vol. 98
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was able to participate in client Diversity Week interviews and witness preparation The Law School’s second annual sessions, and I assisted in researching Diversity Week, conceived by prior criminal records for some of the students to celebrate the diversity defendants whose cases would be of the Law School community and heard the next morning. engage faculty, students, and staff I was able to see how the things in discussions and learning on we read about in a casebook apply in issues of equity and diversity in real life and how they affect real people, the legal system, was held March making them more than just names 11-15, 2013. on a page. Having actual experience Diversity Week activities focused relevant to what we are learning now on the theme “Dialogues About in the required 1L criminal law course Diversity” and featured presenta- makes the big picture easier to see tions and panel discussions covering and appreciate. issues related to workplace discrimi- nation, models of disability, race in New Orleans’ Israel M. The New Orleans Experience Augustine Jr. Criminal jury selection, and gender identity. We also had the opportunity to Justice CenteR Guest speakers included: experience the historic Israel M. • Jill Gaulding of Gender Justice Augustine Jr. Criminal Justice • Phil Duran (’00) of OutFront Center, named for Louisiana’s first NOLA Trip Brings Minnesota African-American judge. Hurricane Casebooks to Life • Barbara Satin of the National Gay Katrina shattered its windows and During the Law School’s 2012-13 and Lesbian Task Force completely flooded the evidence winter break, through the New • Susan Aase (’99), Gracie Hyland, rooms in the basement. A sign Orleans Legal Assistance (NOLA) and Linda Wolford of the reading “Nonoperational” hung on its Project, I had the opportunity to University’s Disability Services door for months. work under two young and talented • Justice Alan Page (’78) But the fortress held and is back in attorneys at the District Attorney’s • Judge Margaret Chutich use. Water damage can still be seen office inO rleans Parish. Not only did • Judge Toddrick Barnette (’92) on the walls and ceilings of most of I get to spend a week in a different, • Judge Michael J. Davis (’72) the courtrooms in the beautiful and warmer, location with some of • Debra Davis of the Gender building. The attorneys talk about the my fellow classmates, I also gained Education Center enduring strength of the building, valuable experience in the field of The event’s ending celebration in which is reflective of their work ethic criminal law. Auerbach Commons featured as well. bhangra lessons and Indian food. Another New Orleans tradition is The Courtroom Experience Diversity Week was made Café du Monde in the French While criminal law is not what I possible by the efforts of volunteer Quarter, and we had a chance to want to ultimately end up practic- student organizers 3Ls Susan R. sample the fare at a landmark that ing, simply observing court every Hallquist, Jen Ji, and Faiza Majeed opened its doors in 1862. morning and interacting with and 2L Jennifer Wong, and by the I value my opportunity to work attorneys was a great experience. contributions of the Asian Pacific for a legal organization in an area Stepping outside of the Law School American Law Student Association, rich with diversity, culture, and legal to gain new perspectives was an Black Law Students Association, struggles, but getting hands-on important learning experience for Criminal Justice League, Outlaw, experience doesn’t have to involve everyone in the group, which Jewish Law Students Association, travel to the other end of the included 1Ls Sydney Goodhand, Latino Law Students Association, country. Nate Louwagie, Kelly Molloy, Paul Muslim Law Students Association, The Twin Cities legal community Overbee, Ariel Pittner, Dylan Quinn, South Asian Law Students offers many ways to get involved Andy Schwich, and Crystal Tsai, and Association, and Women’s Law and gain practical experience. 2Ls Drew Bredeson and Jeremy Student Association. Everyone should seize the chance to Noble Simpson. The Law Council and the supplement in-class learning, even if Through the District Attorney’s University’s Student Unions & for only a week. Office,I watched motions hearings, Activities Office sponsored the arraignments, sentencing hearings, event. and bond motions every morning. I By Brittany Resch (’15)
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Laura Matson (’13), Meredith Leake (’14), D avid Szarzynski (’13) and Erin McDonald (’13) and Josh Porte (’14)
The Law School’s Theatre ances, which have become a favorite West (’14) and technical director of the Relatively Talentless (TORT) TORT tradition, were made by Steven Platt (’13), who headed the transported enthusiastic audiences Professors Brad Clary (’75), Dale set-construction crew. David Paul back to Mondale Hall 30 years ago Carpenter, and George Jackson; Pascoe (’14) directed the action, in its 11th annual musical parody “Back Deans David Wippman and Erin Keyes and Paula Polasky (’13) and Sarvesh to the Future Interest” at the Panta- (’00); and Minnesota Supreme Court Desai (’14) served as producers. ges Theatre February 22-23, 2013. Justice G. Barry Anderson (’79). The Law School gratefully acknowl- In a spoof custom-made for fans Like all TORT productions, “Back to edges 2013 corporate sponsors of the 1980s and property law, 3Ls the Future Interest” was written, Leonard Street and Deinard; Briggs Laura Matson and Erin McDonald performed, and produced entirely by and Morgan; Dorsey & Whitney; attempted the return journey with Law School students. Emily Peterson Faegre Baker Daniels; Fredrikson and the help of a crazy professor (2L (’13) steered a team of 25 writers to Byron; Shumaker & Sieffert; Robins, Meredith Leake) and 10 additional create the script, head choreographer Kaplan, Miller & Ciresi; Westlaw; and cast members. Nineteen talented Amy Schutt (’13) and assistant Kelsey Barbri. Special thanks for continued song-and-dance performers and Thorkelson (’14) masterminded the support also go to the Law School’s 38 chorus members added to the footwork, and music directors Tiffany Admissions Office, Advancement showbiz atmosphere. Choe (’14) and Glenn Greenberg (’14) Office, Career Center, Communi- Professor Judith T. Younger contin- led the 12-member ensemble in cations Department, Educational ued her record of making an appear- providing accompaniment. Technology, and Law Council, and the ance in every production since TORT’s Among critical behind-the-scenes University’s Graduate and Professional creation. Additional cameo appear- contributors were costumer Courtney Schools Assembly.
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alumni profiles
professional degree for the years he was responsible for investiga- Minneapolis native with six older tions in New Jersey and New York, siblings and no car. “I could go to the focused largely on “keeping out Law School by streetcar, and I had to anyone who sympathized with borrow money besides,” he recalls. Nazism or was pro-Communist.” Anderson and his classmates were Anderson’s cases ranged from the among the first to attend classes in routine, such as checking out candi- Fraser Hall, opened in 1928, and to dates for postmaster positions, to the take part in the Minnesota Plan, a potentially dangerous. He cites a case strategy of admission, curriculum, and in which the FBI became involved program-length requirements initiated after he filed a report about “a very by Dean Everett Fraser in 1930. anti-British man from India” who was After he passed the bar exam in eager to assist the Nazis in defeating WALTER ANDERSON 1933—then three days of oral exams the British. Anderson found the CLASS OF 1933 in the Minnesota State Senate undercover work interesting and Walter Anderson’s pragmatic decision building—Anderson worked at a gas rewarding, and most of the people he to get a law degree set him on a path station to supplement income from a interviewed co-operated because to patriotic work during and after meager supply of law clients during “they wanted to help us win the war.” World War II. Now 104, Anderson is the Great Depression. After the war, Anderson returned the Law School’s oldest living alumnus. His big break came in 1941 when home with Fran Bredahl, a Min- Studying law at the University was he passed the Civil Service exam and neapolis woman he’d married in New the fastest, least expensive route to a was posted to New York. For five York. He went to work handling and
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197898_42-56_B.indd 42 4/25/13 2:47 PM 1 Diversity Week’s Diversity on the Bench panelists: Judge Michael J. Davis 2 Glenn Greenberg (’14), Kevin Bieging (’72), Judge Toddrick Barnette (’92), (’14), Daniel Mahon (’14), and Kayla 3 Toni Halleen (’88) (center) with 4 Prof. Oren Gross and Samuel Heins Justice Alan Page (’78), and Judge Fossen (’13) at the April 4 Scholarship students at Leadership Foundations (’72) at the Minnesota Journal of Inter- Margaret Chutich Dinner Program in January national Law symposium in February Alumni Perspective
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overseeing real estate loans for the Anderson says. “I think that’s very the Friedman duo sought to right a savings and loan association that interesting.” wrong: the conviction of Darrel became Twin Cities Federal. TCF got Parker based on his coerced, then double duty out of Anderson, who recanted, confession to the murder of handled real estate cases in court in his wife in 1955. Driving their desire addition to using skills developed at to help Parker was their reading of the Law School to make sure every Barbarous Souls, David L. Strauss’ 2010 detail of each real estate transaction book about Nebraska’s most famous was correctly executed. trial, and Herb’s recollection of that His own military service deferred trial. Parker served 14 years in prison because of his Civil Service commis- before being released in 1970. sion, Anderson derived his greatest Pardoned in 1991, he had been satisfaction from helping “hundreds fighting ever since for exoneration. and hundreds of veterans get good Representing people who have places to live at a minimum of been injured due to the acts of others expense” through the GI Bill. “has been very gratifying,” Friedman Anderson considers logic the says. As for the Parker case, “it’s a most useful lesson from Law School. DANIEL FRIEDMAN completely different animal to “Law is pretty much logic, and that’s CLASS OF 2001 represent someone who had his what I relied on,” he says. “You can’t Dan Friedman went from law school freedom taken from him by the state win a case unless you can prove by back home to Lincoln, Neb., where for a crime he was the victim of logical means that you are right.” he has been in practice since 2001 rather than the perpetrator.” For many years Anderson played with his father, Herb, at Friedman In 2011, the Friedmans filed suit golf and hockey. Now Dr. Michael Law Offices. The firm typically for Parker under a 2009 Nebraska law Grouws, his great-nephew, keeps handles cases involving personal entitling wrongfully convicted people Anderson up to date on sports, injury, professional negligence, to compensation. When the State especially Gopher hockey. “I under- product liability, civil rights, and child filed a motion for summary judg- stand they have a women’s team, sexual abuse. ment, which would have denied and they won a championship,” An unusual experience arose when Parker any compensation, Dan cont >
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< cont Friedman used his Law School- After internships with the Center Hatalsky leaves work on time to play honed skill to spot a critical detail for Victims of Torture and the Legal principal second violin in the Capital in the motion: the State’s judicial Rights Center in Minneapolis, she City Symphony, noting “I feel so admission that Parker’s confession was moved to Washington, D.C., to work much more refreshed after a three- false. In August 2012, the Friedmans for the Alliance for Justice from hour rehearsal.” asked Judge Jodi Nelson to grant 2006-08, vetting appeals-court summary judgment in Parker’s favor. nominees on their positions on By Karen K. Hansen, a Minneapolis- Explaining the surprise that progressive issues and working on civil based writer and clarinetist followed, Friedman says, “After we rights, national security, and individual shone a spotlight on the State’s liberties policy. In policy work she admission that the confession was found she could fix real issues, rather false, they made a complete reversal, than “just put a Band-Aid on some- withdrawing their motion and thing.” upcoming conceding that we won.” In 2008 she took a position as a events At an August 12 press conference, policy counsel for Third Way. Now Nebraska Attorney General Jon director of the social policy and for Bruning stood with 80-year-old politics program, Erickson Hatalsky Parker and Dan and Herb Friedman researches and analyzes the complex alumni at the Capitol to announce the state’s mix of values that moderate voters apology for the conviction and its hold about such hot-button issues We look forward to seeing agreement to pay Parker the maxi- as immigration, guns, abortion, and you soon at an upcoming mum compensation allowed. As marriage for gay couples. She also alumni gathering in the Parker was finally publicly declared works with moderate Democratic Twin Cities or around the innocent, Dan Friedman recalled the senators and caucuses in the House country! More details and late Law School Professor Donald on ways to craft legislation that brings registration information about the following up- Marshall’s admonition to “never moderate voters on board. “Winning coming events are available whisper justice.” the people in the middle is the path online at www.community.law. For now, Friedman is back to his to victory,” she explains. umn.edu on the “Alumni usual practice, his volunteer service Such advocacy work puts Erickson Events” page. Stay tuned for the Jewish Federation of Lincoln Hatalsky front and center in the media: for more events coming to and the ACLU Nebraska Chapter, The Washington Post, The New York an area near you this fall. and enjoying some free time with his Times, USA Today, Politico, The New wife, Ruth, an English teacher, and Yorker, PBS, NPR, Fox News, CSPAN, their 3-year-old daughter, Evey. and CNN, among others. She says the live appearances are “like making oral may 8, 2013 arguments under fire.” Alumni career CLE workshop, Most satisfied when her work makes “Advanced Leadership Skills a tangible difference, Erickson for Lawyers: Delegation” Hatalsky was pleased to learn that some members of Congress had June 8 & 11, 2013 brought her talking points to the floor Clinical Program 100th to use in convincing undecided Anniversary Celebration members to support repeal of “Don’t Part 1: Free CLE and training program, “Serving Those Who Ask Don’t Tell.” Serve Us” In a bit of role reversal in 2011, she Part 2: Pro bono day of service at briefed Professor Dale Carpenter and legal clinic, VA Medical other members of Minnesotans Center (see page 13) United for All Families on Third Way’s LANAE ERICKSON analysis of psychological interviews, June 27, 2013 HATALSKY online ad tests, and polling results MSBA “Day 9” joint law school CLASS OF 2006 about gay marriage. The group used alumni reception, Earle Brown Lanae Erickson Hatalsky always the information in defeating a Heritage Center, Brooklyn Center, wanted to be a “do-gooder lawyer,” proposed constitutional amendment Minn. but along the way to her position at defining marriage as between one Third Way she had to find the middle man and one woman. August 8, 2013 ground between providing direct Working in the middle in a capital San Francisco alumni reception services and tackling problems too prone to black-and-white positions during ABA annual meeting big for her to directly affect change. is stressful. Once a week, Erickson
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1 2 Annual Scholarship Dinner April 4, 2013 • McNamara Alumni Center 3 At the Law School’s 2013 Scholarship Recognition Dinner, scholar- ship donors and recipients had an opportunity to meet and share with the audience their thoughts on the personal impact of giving. David Potter (’80) and Betsy Whitlatch (’13) described their unique experiences as scholarship donor and recipient. Potter, a partner at Oppenheimer Wolff & Donnelly LLP, was named an Attorney of the Year by Minnesota Lawyer in 2012 and is listed in The Best Lawyers in America. He remarked on the satisfaction of helping the next generation of lawyers by supporting schol- arship funds. Whitlatch made her way to the Law School from a 4 northeastern Iowa town of 500. She commented on the impact of scholarship support, on both her ability to attend law school and her direction in life. About three-fourths of Law School students receive scholarships, with the average award about $20,800. Many promising scholars would be unable to obtain their law degree without the generous support of our friends and alumni.
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1 Dean David Wippman, Tim Heaney (’72), Joe 6 Timothy Billion (’13), Chris Schmitter (’13), Dixon (’69), Prof. Stephen Befort (’74) Darwin Lookingbill, David Potter (’80), Betsy Whitlatch (’13) 2 Ellen Sheehy, Marie Sheehy, Kathleen Sheehy 9 (’84) 7 John Windhorst (’65), Kim Severson 3 Alicia Paller-Rzepka (’15), Joyce Gauck, 8 Maura Aghjian, Max Meckstroth (’15), Daniel Charles Gauck (’63) Kim (’15), Anthony Schlehuber (’15) 4 Judge James Rosenbaum (’69), Emily Bodtke 9 Kaitlyn Dennis (’15), David Court (’15), (’15), Brianna Boone (’15), Judge David Doty Rebecca Trexler (’15), Mikaela Belland (’15) (’61) 10 Harvey Kaplan (’64) Dean David Wippman, 5 Timothy Cronen, Judith Cronen Bruce Mooty (’80), Tracy Mooty
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Judge Donald Alsop (’52) in private practice in St. Louis, and John Gould (’53) directed Black Hills Legal Services Honored in Rapid City, S.D., and worked at the Legal Aid Society of Metropolitan Denver. While serving as chief justice (2005-07), he wrote a column on Missouri’s courts and legal issues that was distributed to newspapers statewide.
Pamela G. Alexander (’77) Judge Donald Alsop (’52) and Appointed District Judge John Gould (’53) were honored with the Minnesota Law Review since 2008, was appointed by Gov. Distinguished Alumni Award at its Mark Dayton to a six-year term spring banquet on April 11, 2013. on the Minnesota Workers’ The award is given for exceptional Compensation Court of Appeals, contributions to the profession replacing Judge Thomas L. Johnson and to the greater good of society. (’69), whose term had expired. Alsop has served on the U.S. District Cervantes formerly served on the Court for the District of Minnesota Court from 1986-92, after which he for 38 years, including a term as was a Second Judicial District Court chief judge. Gould has served as Referee (1992-2002), St. Paul City managing partner, president, and Attorney (2002-06), and an board chair of the intellectual assistant attorney general in the property firm he joined more Minnesota Attorney General’s Office than 50 years ago, now known as Pamela G. Alexander (’77), former (2006-08). In 2011 he received a Merchant & Gould. president of the Minnesota Council Certificate ofR ecognition from the on Crime and Justice, was Minnesota Supreme Court for his Michael Wolff (’70) appointed by Gov. Mark Dayton contributions on the Racial Fairness Named Dean at SLU to the bench of Minnesota’s Fourth Committee. Cervantes joins Chief Judicial District (Hennepin County), Judge Patricia J. Milun, Gary M. Hall replacing Senior Judge Robert A. (’82), David A. Stofferahn (’76), and Blaeser (’79), who recently retired. Debra A. Wilson on the bench. Alexander began her legal career as a criminal defense attorney with the Jay Conison (’81) Named Legal Rights Center, then became a Dean at Charlotte prosecutor with the Hennepin County Attorney’s office in the Criminal Division. In 1983 she was appointed to the Municipal Court of Minnesota, the youngest person and the firstA frican American woman to be appointed a Hennepin County judge. She served in Michael Wolff (’70) was named Hennepin County District Court until dean of St. Louis University (SLU) joining the Council in 2008. She School of Law in March 2013 and serves on a variety of community assumed his new duties immedi- and legal boards. ately. Wolff served on the Missouri Supreme Court from 1998-2011, Manuel J. Cervantes (’80) when he returned to SLU as a Named to Workers’ Comp. Jay Conison (’81) became dean of professor and co-director of the Court of Appeals the Charlotte School of Law on Center for the Interdisciplinary Manuel J. Cervantes (’80), an April 14, 2013. Previously he had Study of Law. He had previously administrative law judge at the been dean at Valparaiso University taught at SLU from 1975-98, worked Office ofA dministrative Hearings School of Law since 1998, and from
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1991-98 he taught and served as from 1995-2001, Chosy had been Lois Conroy (’97) Joins interim dean at Oklahoma City vice president, associate general Fourth District Court University School of Law. He began counsel, and secretary at U.S. his law career in Chicago, practicing Bancorp, and he rejoined the business litigation with Sonnen- company from his position as schein Nath & Rosenthal (1981-90). managing director, general counsel, Conison has held numerous leader- and secretary at Piper Jaffray ship positions in bar and other Companies. organizations. Currently he is the Chosy, currently chair, has served Reporter for the ABA Task Force on on the Law School’s Board of the Future of Legal Education and Advisors since 2006, and he and writes blogs on legal education Mitau are members of the topics for the Huffington Post. GENERATIONS campaign cabinet. In 2012 he received the University’s Karen Duncan (’88) Alumni Service Award. Appointed to Third Judicial District Susan Stokes (’89) and Last fall Lois Conroy (’97) was Karen Duncan (’88) was appointed Michael Ponto (’89) Receive elected and in January she was to Minnesota’s Third Judicial District MJF Outstanding Service sworn in to a judgeship on Court, with chambers in Owatonna. Awards Minnesota’s Fourth Judicial District She has been a public defender for Court. After serving clerkships in the Third District since 2000 and the Minneapolis City Attorney’s previously served as an assistant Office during law school, she joined county attorney for Minnesota’s the office in 1998 and was pro- Rice and Olmsted counties and moted to senior status in 2005. Iowa’s Benton county. She was Twice during her career she was also an associate attorney with cross-deputized as an Assistant Charnetski, Olson, Lacina and Hennepin County Attorney, and she Garland in Grinnell, Iowa, and had a The Minnesota Justice Foundation prosecuted more than 1,000 cases private practice in Owatonna. She is presented its Outstanding Service for Minneapolis and Hennepin a member of Owatonna Business Award to two alumni last fall for County in a variety of areas before Women, the Steele County Safe and their work with low-income clients. joining the bench. She was instru- Drug Free Community Coalition, Susan Stokes (’89), executive mental in initiating the community- and the Steele County Transitional director of Farmers’ Legal Action based crime prevention program Housing Board. Group, received the Direct Legal Downtown Court Watch and the Service Award for her work in extension initiative, Downtown 100, James Chosy (’89) Named supervising litigation, directing which was recognized as one of the to U.S. Bancorp Leadership outreach, and advocating for country’s top ten criminal justice immigrant and refugee farmers and programs in 2011, its second year. low-income family farmers. Michael Ponto (’89), a partner Michael Wentzell (’98) with Faegre Baker Daniels, received Named to First District Court the Private Practice Award for his Bench pro bono work to advance the rights of GLBT persons. He also received the 2012 Diversity in Business Award from Minneapolis/St. Paul Business Journal for his work to support and promote an inclusive working environment and a 2012 Attorney of the Year award from Minnesota Lawyer for his participation in the James L. Chosy (’89) was appointed Anoka-Hennepin School District executive vice president and general Bullying case. counsel at U.S. Bancorp with the retirement of Lee Mitau (’72). Earlier, cont >
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< cont Michael D. Wentzell (’98) was appointed to Minnesota’s First Judicial District Court bench and will have chambers in Chaska. Previously he was chief deputy Carver County attorney and a prosecutor in the Criminal Division. Before working with Carver County, he practiced in family, employment, James Rosenbaum (’69) Paul Anderson (’68) business, and estate law with Collins, Buckley, Sauntry & Haugh in St. Paul. He is a member of the James Rosenbaum (’69), Carver County Justice Advisory Paul Anderson (’68) Council, a former president of the Honored for Outstanding Eighth District Bar Association, and a former Professional Responsibility Service to the Profession Ethics Investigator. When Minnesota Lawyer commemorated dedicated and exemplary members of the legal Kyle Hawkins (’09) to Clerk community at its awards ceremony in downtown Minneapolis’ Hyatt Regency on Feb. 21, 2013, for Justice Alito Justice Paul Anderson (’68) and Judge James M. Rosenbaum (’69) were among those honored— with the 2012 Outstanding Service to the Profession Award for a lifetime of commitment and service. The program included video clips of colleagues sharing memories and insights regarding the honorees and their distinguished careers (available at minnlawyer.com/2010/06/10/ attorneys-of-the-year). Anderson, who reaches mandatory retirement age this May, has been on the Minnesota Supreme Court since 1994, preceded by service as chief judge on the Minnesota Court of Appeals and practice with LeVander, Gillen & Miller in St. Paul. In the video Michael R. Sieben (’72) of Sieben Polk commented, “You knew when you had a case with Paul or appeared before him you’d always be treated with civility, and you knew that you’d get a fair shake.” A lifelong learner himself according to Carol Engebretson Byrne, President of the Minnesota International Center, Anderson is always ready to mentor students of the law. His ground rules are, “You can ask me any question you want,” she says. Jennifer Bloom, Executive Director and In July 2013, Kyle Hawkins (’09) will attorney at the Learning Law and Democracy Foundation, notes that Anderson teaches by example begin a clerkship with U.S. Supreme through his passion and enthusiasm. “His love of the law and his love of our system of govern- Court Justice Samuel A. Alito Jr., ment is contagious,” Bloom says. Robert Carolan, Senior Judge (ret.) of Minnesota’s First Judicial only the ninth Law School graduate District, calls Anderson simply “one of the finest public servants that I’ve known in the 40 years to clerk for a U.S. Justice. Hawkins that I’ve been in Minnesota.” volunteered in Raise the Bar and Rosenbaum, a U.S. District Court Judge for Minnesota from 1985 until his retirement in 2010, a Asylum Law Project activities, was a former U.S. Attorney for the District of Minnesota, and now a mediator and arbitrator for JAMS, got research assistant for Prof. Robert A. Stein (’61) and a legal writing his start handling cases for VISTA. An early success in a housing discrimination trial led to an student instructor, and served as interest he continues as a commissioner on the Minnesota Public Housing Authority. The editor-in-chief of the Minnesota Law organization’s Executive Director and CEO, Cora McCorvey, comments on the video about her Review. When he graduated summa introduction to a black-robed Rosenbaum at the bench: “He looked like God, and I knew that when cum laude, Order of the Coif, he he spoke, it felt like God.” But underneath, she says, “He’s a man who cares about people.” received the Most Outstanding He’s also a man who likes to learn. “Jim was always prepared,” says Chief Judge Michael J. Contribution Award and the William Davis (’72) of the U.S. District Court, District of Minnesota. “Any new type of case that would come B. Lockhart Award for Excellence in before him, he was like a kid in a candy store.” And he expected others to be prepared, says Joan Scholarship, Leadership, and Service. He clerked for Chief Judge Humes (’90), Vice President of Government and Internal Investigations at Medtronic. “He’s scary Edith H. Jones of the U.S. Court of smart,” she says. “He gets to the heart of a matter in a nanosecond.” That intellect, and wit, go Appeals for the Fifth Circuit from toward getting the job done, and fairly, says Judge Joan N. Ericksen (’81) of the U.S. District Court, 2010-11 and is currently an associate District of Minnesota. “He’s the most unprejudiced person I’ve ever met.” at Gibson, Dunn & Crutcher in Washington, D.C. By Corrine Charais, senior editor and writer
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C lass Notes News About Your Classmates and Colleagues
send us your news > Your classmates, and the Law School, would love to know what important Lee Mitau retired from his position as executive VP and things are going on in your life, and we welcome your submissions for the Class general counsel at U.S. Bancorp, which he held since 1995. Notes section of Perspectives. To be included in the next issue, your items must reach us by October 1, 2013. Submit your news via email at [email protected], 1973 or via mail to the Office ofA dvancement, Suite 321, University of Minnesota Law Judge Catherine Anderson (ret.) received the School, 229 19th Ave. S., Minneapolis, MN 55455. We look forward to hearing Visionary Award from the Foundation Fighting from you, and thanks for keeping in touch! Blindness at its second annual Dining in the Dark event in May 2013, for her professional accomplishments and community leadership. She was a judge in the Fourth Judicial District Court for 15 years and served as president of the Minnesota District Judges Association 1952 1966 and chair of the ABA’s Criminal Justice Section. She Judge Donald Alsop received the Minnesota Law Judge Frank Knoll, a retired Hennepin County district also volunteers on the University’s Department of Review’s Distinguished Alumni Award, given for excep- judge, was the focus of Gail Rosenblum’s February 9, Ophthalmology Development Advisory Committee. tional contributions to the profession and to the greater 2013, column in the Star Tribune, “Judge Turns to Poetic good of society, at the journal’s annual banquet April Justice.” Rosenblum interviewed Knoll about his current Alan C. Eidsness, who practices family law and family 11, 2013. He was nominated to the bench by President pursuit of writing poetry that reflects his experience on mediation at Henson & Efron, Minneapolis, was selected Richard Nixon in 1974 and has served as a federal judge the bench. by his peers for inclusion in The Best Lawyers in America for the District of Minnesota for 38 years, including a 2013. He also was named a 2012 Attorney of the Year by term (1985-92) as chief judge. 1968 Minnesota Lawyer. Justice Paul Anderson of the Minnesota Supreme Court 1953 received a 2012 Outstanding Service to the Profession 1976 Stanley Efron, who practices corporate law at Henson award from Minnesota Lawyer for a lifetime of dedication Stuart D. Gibson retired after 36 years of government & Efron, Minneapolis, was selected by his peers for and commitment to the Minnesota legal community. service and shifted his attention to the classroom, inclusion in The Best Lawyers in America 2013. teaching students in Fairfax County, Virginia, and work- 1969 ing with adults around the country to further improve John Gould received the Minnesota Law Review’s Joseph T. Dixon Jr., who practices commerical litigation public schools. Distinguished Alumni Award, given for exceptional con- at Henson & Efron, Minneapolis, was selected by his tributions to the profession and to the greater good of peers for inclusion in The Best Lawyers in America 2013. Roderick J. Macpherson III of the Minnesota Disability society, at the journal’s annual banquet April 11, 2013. He Law Center was named a 2012 Attorney of the Year by joined the firm now known as Merchant & Gould in 1954 Judge James M. Rosenbaum of JAMS and the U.S. Minnesota Lawyer. and served as its managing partner, president, and chair District Court (ret.) received a 2012 Outstanding Service of the board from 1973-88. He has practiced intellectual to the Profession award from Minnesota Lawyer for a 1977 property litigation for over 50 years. lifetime of dedication and commitment to the Minne- Judge Pamela Alexander, former president of the sota legal community. Minnesota Council on Crime and Justice, was appointed 1963 to the bench of Minnesota’s Fourth Judicial District by Jonathan Rose co-edited and wrote an essay entitled 1970 Gov. Mark Dayton. “Medieval Estate Planning: The Wills and Testamentary Judge Michael A. Wolff was selected as the new dean of Trials of Sir John Fastolf” in the book Laws, Lawyers and St. Louis University School of Law on March 5, 2013. He is George G. Eck was named head of Dorsey & Whitney’s Texts: Studies in Medieval Legal History in Honour of Paul a longtime member of the school’s faculty and served Minneapolis office. He is a partner in the firm’s litigation Brand (Brill Academic Pub., 2012). The book pays tribute for 13 years on the Missouri Supreme Court. group and a member of its policy committee. to a senior research fellow at the University of Oxford’s All Souls College and a prominent historian of 13th and 1971 James Eric Lindell, a partner at Lindell & Lavoie, 14th century English law. Rose, now a professor emeritus William F. Forsyth, who practices family law at Henson Minneapolis, was named a 2012 Attorney of the Year by and Willard H. Pedrick Distinguished Research Scholar & Efron, Minneapolis, was selected by his peers for Minnesota Lawyer. Emeritus at Sandra Day O’Connor College of Law, inclusion in The Best Lawyers in America 2013. Arizona State University, retired from teaching in 2012. Dr. K. Craig Wildfang, a partner at Robins, Kaplan, Miller In honor of his 44 years of dedicated service, his College 1972 & Ciresi, Minneapolis, was named a 2012 Attorney of the of Law colleagues, students, and friends contributed Deborah Hedlund, a judge for 33 years, retired from the Year by Minnesota Lawyer. substantial funds to endow a student scholarship in his Hennepin County District Court bench in March 2013 and is name. spending four months in China teaching English and law. 1978 Jack S. Levey was named a “Super Lawyer” by Ohio cont >
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< cont Super Lawyers magazine for his work in real estate with 1984 1986 Law School basketball league champion Maulers, Plunkett Cooney in Columbus, Ohio. Rodger Hagen, head of was noted in the 2013 Best Lawyers in America for the health care his intellectual property practice in the chemical and 1979 professional liability nanotechnology areas. Judge Robert A. Blaeser retired in October 2012 after practice group at Meagher serving for 17 years as a Hennepin County district judge. & Geer, Minneapolis, was Scott M. Nelson was inducted into the elected a fellow of the Edward F. Fox, a partner at Bassford Remele, Minne- American College of Trial American College of Trust apolis, practicing complex commercial litigation, was Lawyers. Meagher & Geer, ranked among the top and Estate Counsel by his named a 2012 Attorney of the Year by Minnesota Lawyer. medical malpractice defense firms by U.S. News & World peers in recognition of Report and Best Lawyers, defends and tries more outstanding contributions 1980 malpractice cases than any other firm in Minnesota. to the practice of estate Manuel J. Cervantes, an administrative law judge at and trust law. the Office of Administrative Hearings since 2008, was 1985 appointed by Gov. Mark Dayton to a six-year term on Greg Brooker of the U.S. Attorney’s Office was named Brad Pedersen, a partner at Patterson, Thuente, the Minnesota Workers’ Compensation Court of Appeals. a 2012 Attorney of the Year by Minnesota Lawyer for Minneapolis, and chair of its patent practice group, was He formerly served on the court from 1986-92. his participation in the Anoka-Hennepin School District named a 2012 Attorney of the Year by Minnesota Lawyer. Bullying case. David Bruce Potter, a partner at of Oppenheimer Wolff & 1987 Donnelly, Minneapolis, practicing business litigation, was Judge Paul Feinman was appointed by Gov. Andrew Todd L. Gurstel, CEO of Gurstel Chargo, had a white named a 2012 Attorney of the Year by Minnesota Lawyer. Cuomo to the New York State Appellate Division for the paper about debt collection law in Minnesota published First Judicial Department, based in Manhattan, the first by The National List of Attorneys on March 7, 2013. He 1981 openly gay man on the Appellate Division and only its practices out of the firm’s Minnesota and Arizona offices. Jay Conison took office as dean of the Charlotte School third openly LGBT member. Previously Feinman was a of Law on April 15, 2013. Previously he served as dean at justice on the State Supreme Court in New York County 1988 Valparaiso University School of Law for 15 years, and as and served on the Civil Court of the City of New York. Karen Duncan, former chief public defender for associate dean and interim dean at the Oklahoma City Minnesota’s Third Judicial District, was appointed to the University School of Law. Gail T. Kulick joined District’s bench, chambered in Owatonna, by Gov. Mark Winthrop & Weinstine’s Dayton. 1982 legislative and regulatory Lloyd Tubman, a partner practice group as an asso- Mark Gergen, formerly a senior VP at Amylin Pharma- at Archer & Greiner, was ciate and lobbyist. ceuticals, was named executive VP and chief operations selected as a 2013 Lawyer Previously she was a officer at MethylGene Inc., a Montreal-based company of the Year for land use & member of the Minnesota that develops new drugs for cancer and infectious zoning law in the House of Representatives, serving as vice chair of the disease. He will have broad responsibility for business Philadelphia area by The Civil Justice Committee and an active member of several operations, including finance, business development, Best Lawyers in America. other committees. human resources, corporate communications, investor She focuses on development planning, zoning relations, and adminstration. approvals, regulatory enforcement, and federal and Joseph H. Otterstetter received the Second Judicial state environmental compliance, including wetlands, District Pro Bono Award last fall, presented by the 1989 water quality, and flood hazard matters. Ramsey County Bar Association in recognition of his James L. Chosy was appointed executive vice president commitment to legal representation for low-income and general counsel at U.S. Bancorp, Minneapolis. 1983 and disadvantaged clients. As associate general counsel John L. Betcher was a finalist and received honorable for 3M since 1989, he currently represents the company’s Julie Haseman joined Pemberton, Sorlie, Rufer and mention in the Readers Favorite Book Awards for the Industrial Mineral Products, Automotive, and Personal Kershner as a partner in its Alexandria, Minn., office. She fourth in his series of suspense novels, The Exiled Care Divisions as well as its industrial and transportation has an established practice dealing with estate planning, Element. Other titles in the series are The 19th Element, business. probate, trusts, real estate, and township law. The Missing Element, and The Covert Element. He also authored the award-winning book, A Higher Court: One Patrick Seiter, a partner at Taylor, Porter, Brooks & Randall E. Kahnke of Man’s Search for the Truth of God’s Existence. Phillips, was selected as the 2013 Lawyer of the Year for Faegre Baker Daniels, health care law in the Baton Rouge area by The Best Minneapolis, was named a Patrick Garry was recognized as an honored alumnus by Lawyers in America. 2012 Attorney of the Year St. John Vianney School during its Catholic Schools Week by Minnesota Lawyer. He and 2013 Friends of Education recognition. He currently 1986 was acknowledged for teaches at the University of South Dakota Law School Rod DeKruif, a shareholder with Reinhart Boerner Van three significant trial and has written 12 nonfiction books and eight novels. Deuren in Milwaukee and a member of the 1984 and victories in sizable, diverse cases and jurisdictions. cont >
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1
get-together in washington, D.C. jany uar 17, 2013, alumni reception
2 3
A dam van Alstyne (’04) hosted an evening reception for 1 Washington, D.C., alumni reception Washington, D.C.-area alumni at the office of DLA Piper. at DLA Piper DLA Piper partner James L. Blanchard (’68), former Governor 2 Dean David Wippman with event host of Michigan and U.S. Ambassador to Canada, addressed the Adam van Alstyne (’04) group and introduced Dean David Wippman. Wippman presented an update on the state of the Law School and 3 Gov. James Blanchard (’68) addresses fielded questions about the future of legal education. fellow alumni
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< cont Michael Ponto was named Women of Reform Judaism. The organization educates Cummins & Cummins, a a 2012 Attorney of the and trains future sisterhood and congregational leaders new Minneapolis firm Year by Minnesota Lawyer in advocacy for social justice, innovative spiritual focusing on labor and for his participation as a programming, fundraising, and leadership skills. employment, civil rights, partner with Faegre Baker and consumer protection Daniels in the Amy Rotenberg’s legal and business strategic com- cases. They are joined by Anoka-Hennepin School munications firm, Rotenberg Associates, Minneapolis, Bob Alfton (’66) and District Bullying case. He also received the 2012 Diversity has joined PR Boutiques International’s collaborative Adam Case (’11). in Business Award from Minneapolis/St. Paul Business network of public relations firms. Journal and the 2012 Private Practice Award from the Tracey B. Davies joined the Dallas office of Gibson, Dunn Minnesota Justice Foundation. 1993 & Crutcher as a partner in the intellectual property, life Wooj Byun began a six-year term as a board member sciences, and litigation practice groups. Previously she Susan Stokes, executive director of Farmers’ Legal of the University of Minnesota’s Weisman Art Museum was a partner at Vinson & Elkins. Action Group, St. Paul, received the 2012 Direct Legal last fall. A grant he helped the Museum obtain from the Service Award from the Minnesota Justice Foundation. Korean government in 2010 was instrumental in securing Kimberly B. Tabb, vice president and business ethics of- a recent exhibition of the Edward Wright collection of ficer at Prudential Annuities, was elected to the Board of Thomas R. Werlein of Appleton, Wis., joined Medical Korean antique furniture. Directors of Junior Achievement of Western Connecticut. Protective (MedPro) as its policy development counsel, She resides in Shelton, Conn. responsible for writing and developing insurance 1994 policies to meet the changing needs of MedPro’s clients. Jeremy D. Heep, a partner in the Philadelphia office of Stephen A. Tight rejoined He will also work on issues in government relations and Pepper Hamilton LLP practicing in the full range of com- Fredrikson & Byron, Minne- compliance. Previously he was a compliance manager at mercial litigation, particularly antitrust and international apolis, as an officer in its Ameriprise Auto & Home Insurance. matters, was named a “local future star” in Benchmark corporate, mergers and Litigation 2013. Individuals are selected as reputable and acquisitions, private equity 1990 effective litigators on the basis of consistent recommen- and venture capital, and Keith Ellison, a U.S. Representative for Minnesota’s Fifth dations by clients and peers. life sciences groups. Congressional District since 2007, was ranked among the Previously he served as VP, general counsel, and chief world’s most influential Muslims in The Muslim 500: The Kristi Skordahl, a family law attorney in St. Paul, has compliance officer at St. Jude Medical’s Atrial Fibrillation World’s 500 Most Influential Muslims, a list compiled by a newly published book, And Then She Was Happy: Division in St. Paul. the Royal Islamic Strategic Studies Centre in Jordan and A Book About Divorce (Beaver’s Pond Press, January published in November 2012. The Fifth District, which in- 2013), which combines her personal experience with her Joshua A. Wert is CEO of the Sabes Jewish Community cludes the city of Minneapolis and surrounding suburbs, professional work in divorce law. She offers real-world Center in St. Louis Park, Minn. Previously he was chief is the most ethnically diverse district in Minnesota. advice and insight from the perspective of a divorcee. operating officer at Black Ridge Oil & Gas in Minnetonka, Minn., and president of Copycats Media in Minneapolis. 1991 1997 Jack R. Luellen is managing partner of Burleson LLP’s Beth (Irwin) Bagley was elected a circuit court judge 1998 Denver office. The only national law firm dedicated for Deschutes County, Oregon, on November 6, 2012, the Michael Wentzell, former chief deputy Carver County to the oil and gas industry, Burleson has four offices 100-year anniversary of women’s suffrage in the state. She attorney, was appointed to Minnesota’s First Judicial employing 130 attorneys, 31 of them practicing out of is the first woman to attain a judgeship through a contested District Court. the Denver office. election in central and eastern Oregon and the first Asian Pacific American lawyer to do so in the state. Previously she 1999 1992 served as a senior prosecutor in the Deschutes County District Meghan L. Riley was named division chief for litigation Jeanette Bazis, a partner at Greene Espel, Minneapolis, Attorney’s Office for more than 10 years. for Texas’ City of Austin Law Department, where she has specializing in complex business litigation, intellec- practiced litigation, municipal law, and employment law tual property, employment disputes, and internal John J. Bursch, Michigan solicitor general, presented his since 2007. investigations, was named a 2012 Attorney of the Year fourth argument in front of the U.S. Supreme Court in by Minnesota Lawyer for her participation in the Anoka- February 2013 and his fifth argument in April 2013. Omar A. Syed (Meghan Riley’s husband) is a senior at- Hennepin School District Bullying case. torney in the Office of General Counsel for the University Lois Conroy, formerly a prosecutor for Minneapolis and of Texas System, headquartered in Austin. He practices Marcy R. Frost, a Hennepin County, was sworn in as a Hennepin County employment law, higher education law, and litigation. shareholder at Moss & District Court judge in January. Barnett, Minneapolis, and 2000 chair of its employment Justin Cummins and his brother Brendan Cummins, Bennett J. Montzka was re-elected to serve a fifth term law practice area, was both Minnesota State Bar Association board certified on the Chisago County, Minn., Board of Commissioners. installed as president of labor and employment law specialists, recently opened He is the Board’s senior member and current vice-chair. the Midwest District of
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Elizabeth C. Perkins was also was named a partner at Faegre Baker Daniels, Workers’ Compensation cases, an assistant attorney general named to the 2012 Minneapolis, where she concentrates on real estate in the Ohio Attorney General’s Consumer Protection Division, Wisconsin Rising Stars list transactions, development, leasing, finance, and investment. and a deputy press secretary under an Ohio treasurer. in November 2012. She practices securities 2004 Steven Young Reeves has been named a partner at litigation in the Milwaukee Katie Deibert rejoined the Chicago office of Mayer Brown Faegre Baker Daniels, Minneapolis, where he works office of Quarles & Brady. from a position with Kirkland & Ellis. From 2004-09 she was in strategic domestic and international mergers and a finance associate in Mayer Brown’s Chicago and Frankfurt, acquisitions transactions. Pete Wahl, a partner at Jackson Walker, was selected Germany, offices. Lawyer of the Year for environmental law in the Dallas 2006 area by The Best Lawyers in America 2013. Jason R. Greenlee, formerly an assistant district Charles G. Frohman joined attorney for the Second Judicial District of New Mexico, the litigation group of 2002 was appointed to the Bernalillo County Metropolitan Maslon Edelman Borman & Jean M. Farmakes joined Gilbert Law Office in Duluth, Minn., Court by Gov. Susana Martinez. He serves as a criminal Brand, Minneapolis. in October 2012, and focuses her practice on real estate, judge, primarily handling domestic violence, traffic, and business, estate planning, and general litigation. Previously misdemeanor criminal cases and first appearances for Ryan R. Miske was named she was a staff attorney for the Department of Homeland felony defendants. a partner at Faegre Baker Security, U.S. Customs and Border Protection, in Chicago, Daniels, Minneapolis, working in financing, mergers and where she served as in-house counsel and practiced in the Jared D. Hager was promoted to senior attorney acquisitions, and corporate governance matters. areas of trade, immigration, and labor and employment law. in the Seattle, Wash., office of Perkins Coie, where he focuses primarily on product liability cases, litigation, Patrick D. Whiting joined 2003 and appeals. Fredrikson & Byron, Lica Tomizuka was selected Minneapolis, as an for the Leadership Council on 2005 associate, focusing on Legal Diversity’s 2013 Angela Hawkins will serve as general counsel in the Ohio assisting commercial, Fellows Program, created to State Treasurer’s Office, where she has served for two years residential, and identify and train leaders in as director of communications and community education. agricultural clients the legal profession. She Previously she was a private sector attorney specializing in through the condemnation and eminent domain process. cont >
2
phoenix alumni Reception febry uar 13, 2013 Chip (’69) and Katie Fisher welcomed Phoenix-area alumni into their Scottsdale home for a reception with Dean David Wippman, who shared updates on the Law School as well as the GENERATIONS fundraising campaign.
1 Dean David Wippman addresses Phoenix-area alumni 2 Ken Lindgren (’58) and Chip Fisher (’69) 1
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< cont 2007 2011 Jillian M. Pearson joined Henson & Efron, Minneapolis, Andrew Borene was selected one of the state’s 50 leading Mikka Gee Conway joined the Washington, D.C., branch as an associate in its business litigation group. business people in 2012 by Minnesota Business and was of Sutherland Asbill & Brennan in its tax practice group. recently featured in a Brookings Institution interview on Previously she clerked for Judge David M. Ebel of the Anupama D. Sreekanth reconnaissance robots and national security. He is the director U.S. Court of Appeals for the Tenth Circuit. joined Fredrikson & Byron, of government & industry affairs and assistant general Minneapolis, as an counsel for ReconRobotics, a Minneapolis-based company 2012 associate in its litigation that specializes in tactical, micro-robot systems. Lindsay W. Cremona was group and practices in a promoted to associate wide variety of business 2009 attorney at Anastasi & and commercial litigation. Melissa Gotfredson opened Gotfredson Law Office in Associates, Stillwater, St. Louis Park, Minn., focusing on estate planning and Minn. She focuses her Louis E. Wahl IV joined von Briesen & Roper, Milwaukee, estate administration. practice on real estate as an associate working primarily on banking, bank- litigation and ruptcy, insolvency matters, and workouts. Kyle Hawkins, an associate in the litigation department commercial transactions. in the Washington, D.C., office of Gibson, Dunn & Shanna N. Yonke joined Crutcher, was selected for a clerkship with U.S. Supreme Catherine E. London the estates practice group Court Justice Samuel A. Alito Jr., beginning July 2013. joined Fredrikson & Byron, of Ruder Ware in Wausau, Previously he clerked for Chief Judge Edith H. Jones of Minneapolis, as an Wis., last fall. She works the U.S. Court of Appeals for the Fifth Circuit. associate in its health law with individuals to group. She focuses on capture their desires in Anne Hoyt Taff is a leadership gift officer with Planned regulatory compliance and wills and estate plans, and Parenthood Minnesota, North Dakota, and South Dakota. transactional matters, counsels organizations in tax exempt status and federal She previously served as associate director of alumni including Stark and anti-kickback issues, data privacy, code compliance matters. relations at Macalester College. physician and medical staff issues, licensure, contracting, and Medicare and Medicaid rules and reimbursements.
34th Annual Summer Program of summer cle Continuing Legal Education Seminars Register Now! May 28-June 8 Featuring University of Minnesota Law School Faculty $225 per seminar • Save with a SuperPass: 7 courses for $795 2013
May 28 Selected Topics in Unfair Competition and Business June 4 Understanding Trademarks, Copyright and Related Torts: Prof. Thomas F. Cotter Areas of Intellectual Property: May 29 Mergers & Acquisitions: Where Are We? Where Are Prof. Daniel J. Gifford We Going? Prof. Claire A. Hill June 5 Searching for the New Normal in Legal Practice May 30 The Constitution in a Conservative Court: and Legal Education: Prof. Prentiss Cox (’90) Prof. Dale Carpenter June 6 Hot Topics in Contract and Commercial Law: May 31 Accounting and Finance for Lawyers: Prof. Brian Bix Prof. Edward S. Adams June 7 Hot Topics in Energy Law: Prof. Hari M. Osofsky June 1 Ethical Implications of Representing Individuals June 8 Client Conflicts, ConfidentialI nformation, with Mental Disabilities (a.m.) and Overcoming Up-the-Ladder Reporting, Professional Liability Internal and External Bias in Representing and Other Ethics Issues for Lawyers: Individuals with Mental Disabilities (p.m.): Prof. Richard W. Painter Prof. Carl M. Warren (’75) June 3 A Primer in Data Privacy Law: CLE credits: 6.5 standard credits for each course May 28-31 and June 3-7; 3 ethics (a.m.) Prof. William McGeveran and 2 bias (p.m.) for June 1; 1.5 standard and 5 ethics for June 8
FOR MORE INFORMATION: 612-625-9073 or law.umn.edu/cle/2013_summer_cle.html
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Hundreds of alumni returned to the Law School for a variety of all-alumni events as well as individual reunions for those classes celebrating milestone anniversaries. Thanks to all who attended for being part of this great Law School tradition!
Photographs from the weekend are available online at www.community.law.umn.edu/saw.
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197898_42-56_B.indd 55 4/25/13 2:48 PM alumni perspective tributes in memoriam
To see the full tribute, go to News Archives CLASS OF 1943 CLASS OF 1951 CLASS OF 1969 (www.law.umn.edu/news/archive.html) and Myron Lieberman Malcolm K. MacKenzie David E. Essling click on the year, then month, provided. Feb. 6, 2013 Dec. 31, 2012 Nov. 1, 2012 Washington, D.C. St. Peter, Minn. Eagan, Minn.
Alumni Charles Hamilton Luther Lloyd C. Richardson Jr. CLASS OF 1973 Dec. 13, 2012 Nov. 1, 2012 Michael M. Fluegel White Bear Lake, Minn. Aberdeen, S.D. ALDEN WINSHIP March 10, 2013 “TOM” CLAUSEN Morris, Minn. CLASS OF 1948 Roland T. Wivoda CLASS OF 1949 Chisholm, Minn. James D. Kempf Richard J. Haefele Jyanuar 2013 Jan. 14, 2013 June 22, 2012 Bank of America CLASS OF 1953 Bloomington, Minn. Chaska, Minn. and World Bank Harold S. Nelson executive To m Jan. 10, 2013 CLASS OF 1949 CLASS OF 1975 Clausen died Plymouth, Minn. Lawrence E. Addy Mark A. Madsen Jan. 22, 2013, in Feb. 6, 2013 Jan. 16, 2013 CLASS OF 1954 California at age 89. Colorado Springs, Colo. Fairmont, Minn. Henry A. Cousineau Jr. MURRAY L. GALINSON William A. Braddock Dec. 26, 2012 CLASS OF 1977 Jan. 8, 2013 Wayzata, Minn. CLASS OF 1961 William J. Joanis Mounds View, Minn. Fyebruar 2013 Jan. 9, 2013 CLASS OF 1961 Political and civic A.W. Clausen Maplewood, Minn. Murray L. Galinson leader, philanthro- Jan. 22, 2013 Jan. 3, 2013 pist, and San Diego Burlingame, Calif. CLASS OF 1992 San Diego, Calif. National Bank CEO Anne C. Nolan John E. Haverly Murray Galinson Dec. 5, 2012 March 26, 2011 CLASS OF 1962 passed away Jan. 3, St. Cloud, Minn. St. Paul, Minn. 2013, at age 75 in San Diego. Maclay R. Hyde March 8, 2013 Robert G. Johnson Minneapolis, Minn. DAVID E. ESSLING Sept. 27, 2012 CLASS OF 1969 Edina, Minn. CLASS OF 1963 November 2012 Robert W. Johnson Michael O. Burns David Essling, March 20, 2013 March 10, 2013 an experienced Fountain Hills, Ariz. St. Cloud, Minn. litigator and 30-year member of Ramsey Daniel W. O’Brien III CLASS OF 1966 Nov. 23, 2012 County’s Civil Richard A. Hassel St. Paul, Minn. Commitment Oct. 21, 2012 Defense Panel, died Nov. 1, 2012, Gerard J. Ochs Longboat Key, Fla. in Eagan, Minn., at age 68. July 13, 2012 Bloomington, Minn. CLASS OF 1967 Friends Jerry H. Udesen Wallace M. Tripp Jan. 27, 2013 Nov. 30, 2012 LILLIAN S. “BABE” DAVIS New Brighton, Minn. Naples, Fla. November 2012 Babe Davis, CLASS OF 1968 CLASS OF 1950 James A. Schultz wife of the late William T. Egan Oct. 24, 2012 Julius E. Davis (’36), Oct. 22, 2012 Houston, Minn. host of an annual Minneapolis, Minn. reception to honor recipients of the Verne C. Johnson Davis chair, and a devoted friend and Nov. 2, 2012 supporter of the Law School, passed Bloomington, Minn. away in Minneapolis on Nov. 17, 2012, Sigwel Wood at age 95. Nov. 8, 2012 Detroit Lakes, Minn.
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197898_42-56_B.indd 56 4/25/13 2:48 PM Partners in Excellence Annual Fund Update
dear friends and fellow alumni,
We are proud to be University of Minnesota lawyers, and we ask you to join us in supporting the next generation at the Law School.
With the graduating class this spring, the Law School continues to bolster the legal profession with truly excellent lawyers. In addition to learning the law, these young men and women are learning the skills to be leaders in our communities.
Today’s students need help to address the challenges of increased tuition costs and an increasingly difficult employment environment. Gifts to thePartners in Excellence Annual Fund are used to provide:
» Scholarships to current students, thereby reducing loan debt » Career support services » Innovative practical legal training opportunities that employers notice » The continued level of excellence overall that is a hallmark of the school
Your gift this year is important. All gifts, of any amount, are important and valued at the Law School. Please give to support the next generation of U of M lawyers.
Thank you for your ongoing support and for renewing your commitment now.
Sincerely,
Greer Lockhart (’53) James Lockhart (’86) Ann Lockhart Watson (’79) Partners in Excellence National Chairs
p.s. To give, please use the enclosed envelope, visit www.giving.umn.edu/law, or contact the Office of Advancement at 612-626-8671.
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421 Mondale Hall PAID 229 19th Avenue South TWIN CITIES, MN Minneapolis, MN 55455 PERMIT NO. 90155
are you UP for the challenge?
The Partners at Work challenge is a fun way to gain recognition for employing five or more University of Minnesota Law School alumni and to encourage annual support for your alma mater. If your organization or firm is not currently participating, is employing five or more Law School alumni, and has a desire to help increase alumni support for the Law School, please contact Joelle Larson at 612-626-5363.
for more information law.umn.edu/generations Look for Partners at Work.
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