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6-1-1996 Hastings Community (Spring 1996) Hastings College of the Law Alumni Association

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HASTINGS 1 8 - 16- LETTER TO ALUMNI CAMPUS NOTES THE ATTORNEYS GENERAL Dean Mary Kay Kane reports the Supreme Court Justice FORUM RECEPTION Co llege's long-range plans . Anthony M . Kennedy Photo scrapbook of the celebration calks with students. following the Forum . 3 ENDOWED CHAIR The 198 McAllister Building has only one Chair. You can help. - 10- - 18- MATHEW O. TOBRINER FACULTY NOTES MEMORIAL LECTURER Catch up on the many activities DANIEL SCHORR: THE FIRST of our facult y. AMENDMENT UNDER STRESS S.F . Law in the Works and You Could Be a Star! 4 Scholarly Journal Honors THE HASTINGS-JAPAN Prof. Rudolf Schlesinger. CONNECTION: PROF. DAN FENNO HENDERSON Prof. Warren Shattuck A visit wi th Hastings Prof. Henderson, Remembered at Hastings by facult y, the only full-time law professor in th e family and former students. Uni ted Scates who is allowed to practice - 12- before th e bar in Japan. Also , a glimpse at THE FOURTH ANNUAL In Memoriam: Mark Foster (,81), whose Oregon-based ATTORNEYS GENERAL FORUM William Bailey Lockhart. practice focuses on transpacific law . Former U.S. Attorneys General discuss controversies aris ing from the funding of the Legal Services Corporation , incidents at Waco and Ruby Ridge, and the legacy of the O. J. Simpson trial. 6 THE TRADITION OF GIVING - 21 Meet a few of those who have made CLASS NOTES giving to Hastings a family tradition. Catch up on your classmates' activities. Have we heard from you lately ?

ON THE COVER: The Fourth Annual Attorneys General Forum in action-starting top left , clockwise- I) Attorney General i icholas Katzenbach; 2) Attorney General icholas Katzenbach, Harvard Law Prof. Arthur HASTINGS COLLEGE Miller, Attorney General Dick Thornburgh, and OF THE LAW Attorne)' General Edtvin Meese; 3) Attorney General Dick Thornburgh; 4) Attorney General UN IVERS ITY OF CA LI FORN IA Edwin Meese. Highlights from the Forum are on page 12. Cover photographs: Jeff Munroe . HA TING S .

HE LEGAL PROFESSION AND LEGAL EDUCATION by which the Board can review and evaluate the progress being are under serious attack. The image of lawyers as made and direct additional steps to be taken to ensure our suc­ profiteers driven by their desire for wealth, rather than cess in achieving our objectives. We truly are poised to enter dedicated to helping to improve society and protect the various the future with a program that will continue providing the rights and legitimate interests of all of our citizens, is, unfortu­ high quality education that will allow our graduates to meet nately, one that often appears in the public eye. And Congress the changing needs of society for legal advice and counsel. and state legislatures have entered the debate, with numerous There is not sufficient space here to detail the full scope of far-reaching reform proposals being pursued, and some even the Hastings 2000 Plan. To give you some idea of its breadth enacted. Legal educators are being attacked within the Bar and seriousness, set out below are the seven areas we identified, itself as being out of touch with what is needed to train the with their attached goals. This comprises the foundation of lawyers of tomorrow. The apex of these attacks is the recent our plan. consent decree between the American Bar Association (which controls national law school accreditation) and the HASTINGS 2000: Department of Justice in an antitrust suit charging that several GOALS AND OBJECTIVES accrediting rules were not directed toward ensuring law school quality, but instead were more in the nature of "guild» provi­ sions designed to protect the perquisites of law faculties. All Hastings is committed to: this has occurred at a time when applications to law schools AREA # 1. CURRICULUM: PROFESSIONALISM IN are declining nationally and graduates are discovering a drasti­ THE 21 ST CENTURY cally shrunken job market. Whatever your view on these occurrences, the one thing that we all should be able to agree A. Pursuing legal education that emphasizes moral and ethical lawyering so that its students will become upon is that these developments demand that we examine responsible lawyers, judges, and policy makers and what we are doing at the College and engage in serious plan­ inspire the trust and confidence of the public. ning to ensure that in fact we are ready to meet the challenges of the future in a responsible fashion. B. Having a curriculum that is theoretical and challenging Fortunately, our Board of Directors identified this need (ensuring critiques of law and policy in all substantive areas); practical (including skills training); and focussed even before matters reached today's crisis proportions and (offering study in pre-planned and selected areas). Hastings embarked on a broad-ranging self-study and planning process involving faculty, students, staff, and alumni. That C. Emphasizing cogent and persuasive writing. study was completed last June with the adoption of Hastings 2000: A Long-Range Plan. In that plan, the Board identified D. Developing its curriculum to reflect the need for our mission and approved a set of goals and objectives for the lawyers to be prepared to meet demographic, economic, social, and technological changes. College to pursue as it moves into the next century. Various strategies also were identified by which we can implement the E. Exploring the possibility of developing appropriate plan's elements. Finally, an annual process was put into place graduate programs .

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AREA # 2. FACULTY: IDENTITY AND RECOGNITION D. Upgrading its facilitie at the Tower both to improve the li ving condition and to enhance interaction A. R cruiting a faculty that is of exceptional quality in among the students. clas room teaching, cholarship, and public service, and that reflect a wide range of backgrounds, experience, E. Fostering opportunities for increased interaction and and intellectual perspectives. communication among faculty, tudents, taff, and the bench and bar 0 as to achieve its educational mi sion B. Maintaining the highest quality instruction in a climate of mutual re pect. and teaching .

. Enhancing its national reputation for scholarship. AREA # 6 . QUALITY OF LIFE: SUPPORT SERVICES

D. Encourag ing faculty participation in public A . Evaluating and developing its library collection and ervice endeavors. services to support its curricular and research needs.

B. Striving to be a leader in the use of technology in the classroom, in the production of educational and AREA # 3 . STUDENT BODY: COMPOSITION informational materials, and in research and AND QUALITY information exchanges.

A. electing and graduating a diverse student body that C. Increasing the range of support and services for its how promise of making significant contributions to students and graduates in their search for employment. the profession and to the public at large.

B. Recognizing that an important objective of legal AREA # 7. ALUMNI AND COMMUNITY RELATIONS education is to prepare its students to pass the AND FUND RAISING: REPUTATION bar examination. AND OUTREACH

AREA # 4 . STAFF: PROFESSIONALISM A. Enhancing the quality and number of opportunities for alumni participation in the life of the College. AND COMMUNITY

A . Providing a working environment that fosters B. Establishing a significant endowment, planned-giving, collegiality, cooperation, and communication and substantial annual giving. among departments and individual staff members C. Offering high quality continuing legal education so as to have a staff that is collegial, service-oriented, programs to alumni and other members of the bar. and re ponsive to the needs of the faculty, students, and other staff. D. Strengthening its national reputation through B. Maintaining a high quality and professional staff to increased public relation initiatives. meet the needs of the College. E. Continuing to be a responsible member of its surrounding community. AREA # S. QUALITY OF LIFE: CAMPUS ENVIRONMENT AND COMMUNITY As you read this statement of our aspirations, you can be A. triving to develop a campus- like environment in its proud to be part of such a dynamic and committed institution. C ivic Center setting. Whatever the winds of change, Hastings is sure to remain at the fo refront of legal education. Any alum who would like to B. Providing all student, faculty, and staff with a safe and clean working environment. read the entire plan simply can drop me a line and I will be glad to send it to you. C. Upgrading and modernizing its classroom to enhance the educational environment. ~;a:6k~ Dean , Hastings Co llege of the Law May 1996

T wo· Il ASTI NGS

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E'RE MOST GRATEFUL FOR ONE CHAIR, BUT OUR PROFESSORS DESERVE MORE. W So do our students. We're talking about "endowed chairs." They don't recline. Or rock. Or swivel. But they do provide us with the most sturdy, long-lasting guarantee of quality that money can buy. Fact is, the entire Hastings College of Law, 55 full-time professors strong, houses only one fully endowed faculty chair. Which means we may soon find some of our best law teachers and researchers taking seats at other universities where chairs are more abundant. That's why we need your support. You, your law firm, or your class can purchase a chair. And give it your name. And give the College even more of a name than it has already. By 2000, we'd like to house about a dozen endowed chairs around here. Your chair will support nationally recognized teaching and research endeavors-forever. And your chair will work instantly to improve the College's overall posture by freeing up funds for faculty development, student financial assistance, improvement of a variety of academic programs ... the possibilities are endless. But we'd be happy to receive any kind of endowment contribution. So why not contact us about endowments? Without your backing, we haven't a leg to stand on.

HASTINGS COLLEGE OF THE LAW . . . preparing fo r the next century, with your help.

T lIREE· .. . HA ' T1 GS THE HASTINGS~JAPAN CONNECTION PROF. DAN FENNO HENDERSON

COMPARING JAPANESE LAW WITH AMERICAN LAW While comparative law wa once considered an arcane, if intere ting, subject for diversion, Prof. Hender on say it has taken on new importance with the growth in international trade and bu iness. And it takes someone with a broad back­ ground to practice in the area. "Application of law to real life, in legal cases, requires understanding of comparative history, culture, society, and economics. It has become the agent for harmonizing discordant legal sy tems globally. "I like studying Japan because no other country offers such a breadth of difference from the U.S. None of the Asian tradi­ tions had much experience with 'justiciable law' or formal adju­ dication until about 100 years ago. But while we in the West are continuing to embrace so-called 'alternative dispute re olu­ tion' (ADR), in C hina and Japan these techniques have alway been part of the mainstream, not 'alternatives' at all. CCORDING TO HA TING PROF. DAN FENNO HE DERSO , "Individualism seems more prominent in American than in Ait was through serendipity that he became the only law Japane e daily life and, therefore, practicing lawyers playa larger professor in the U.S. who is also an associate member of role in the U .S. By contrast, it seems to me that in Japan duties the bar in Japan (jun-kaiin). overshadow justifiable rights. Therefore, bureaucrats and other It began in 1943, when he wa drafted into the Army, authority figures playa larger role in ociety than do lawyers. and the Intelligence Unit was looking for people to train in Traditionally, Japan has largely been socially governed by 'do-as­ Japanese. "The Army gave ba ic intelligence test and chose the you-are-told law' imposed by social groupings (family, school, top cut for Japanese language training. Although I had company, or community) without recourse to courts." no interest in learning Japanese, I was marched off to class. Only recently has this begun to change. The San Jose To learn beyond the basic 500 Japanese characters, an adult Mercury News noted in a November 19, 1995 article that needs both a photographic and indelible memory-it's a bit a growing number of Japanese citizens are aggressively challeng­ like learning the phone book. They couldn't gauge, really, ing their adversaries before U.S. judges and juries in hopes of that I would be good at learning Japanese. As it turned out, reaping money, retribution, or revenge. In most cases, the I did have an aptitude for the language. I then became a defendants are Americans, although Japanese increasingly are motion picture and newspaper censor in Japan for two years suing other Japanese in this country when there is a U.S. angle under General MacArthur, which improved my language skills to the case. even further." Prof. Henderson feels that "this convergence of the two It wa n't until after he graduated from Harvard Law School cultures [the Japanese learning to use the courts and the in 1949 that he thought of putting the language and the law Americans' grow ing interest in ADR] is a good idea because we together. As a Ph.D. candidate in government at Berkeley, he need to settle as many cases as possible. In Japan, they don't file wrote his thesis on Japanese law. until they have done a lot of mediation, and there are a lot of In 1954, his knowledge of Japanese began to payoff when mediation facilities available to them in their society. he became a member of the Japanese bar. The following year, he "In the U.S., we are successful in settling over 90% of our joined Graham & James in their office and then cases before judgment, but the way it happens here is that a helped them to develop a Tokyo office in 1957. lawyer files suit and then behaves like a mediator. So, in this A few years later he began his teaching career at the country, we can say the bar is successful in settling disputes, and University of Washington, finding he al 0 enjoyed the intellec­ filing a uit begins the settlement process. The public does not tual world of teaching comparative law. "I've always been very think of thi approach as ADR. The perception is that we are intere ted in comparing institutions, history, and traditions. I litigious because we file suits, but the fact is that we have had find the comparative method is one of the best and most excit­ no other facility than the bar to settle disputes until the past ing way to learn. Prof. Rudy Schlesinger is one of the real cre­ 10 to 15 year ." ator of comparative law, and I want to note here my admiration Making international litigation useful in solving disputes for his accomplishment in the field." (Please note the item often depends on whether you can enforce the judgment in a about Prof. chlesinger in "Faculty Notes" on page 20.) The foreign country. For example, an American judgment that admiration is mutual, with Prof. Schlesinger saying, "Among the includes a large portion of punitive damages has been found to expert on Japanese law and Japanese culture, Dan Henderson violate Japanese public policy because Japanese law doesn't occupies a position of clear leader hip. This is recognized not recognize punitive damages. A Japanese court will refuse to only in the U. ., but throughout the world." recognize such an untidy blending of civil and criminal law .

. F OL, R ' . .. HAS TI NGS .

As difficult as this sounds, Prof. Henderson says, "It is poss ible to keep PROFILE OF AN ALUM WITH A tran pacific legal clients sa tisfi ed by following these bas ic rules: TRANSPACIFIC PRACTICE 1) Realize that litigation is not good busines and is a viable alternative only when things ge t pretty bad. The goal is to keep client out of it. The Japanese do 2) If a suit is necessary, it takes a very specialized lawye r to win. This is a quite have a system. It's a different situation than a local law sui t. O ne has to determine in which juris­ weird system, and dicti on it is best to fil e the suit: what differences are there in the choice-of­ you have to learn to law rules, where do the most favorable laws exist, and where are the best operate within it . ... chances of finding evidence and the defendant's assets." He adds, "It's not impossible to get litigated settlements, but it is expen­ Mark E. Foster, sive. Forty years ago, I told my clients that unless $30,000 wa involved in a in Tom Peters', Japanese suit, it would not be cost effecti ve. Now I think that fi gure would be August 1994, more like $ 150,000. At best, these uits are salvage operations, and often we "On Achieving are not able to get out of them all the costs involved. But businesses on both Excellence" sides of the Pacific often do behave honorably and pay judgments. Sometimes newsletter. their insurance covers the se ttlement."

REPRESENTING THE DALAI LAMA , PLAYING TENNIS WITH MARK FOSTER ('81) has the enviable THE CROWN PRINCE position of advising his clients on Japanese com­ Prof. Henderson has enjoyed his opportunities to become immersed in mercial, regulatory, and governmental affairs from his home base in Portland, Oregon. Although he Asian culture in the U .S., as well as in Japan. In 1978, he was asked to repre­ is not a member of the Japanese bar, his extensive sent the Dalai Lama, who, when planning a visit to the University of knowledge of that country's business and legal Washington, sent out an advance team, inviting Prof. Henderson to serve as culture benefits his clients who are trying to sell, his representative in negotiating security arrangements with campus authori­ purchase, or set up operations in Japan. ties. His payment for his services are much treasured hand-painted characters Foster learned about Japan by living there for executed by the Dalai Lama himself. two extended periods. His first visit, during the He also remembers playing tennis with the Crown Prince of Japan (now early 1970s, occurred while on a fellowship from the Emperor). "I've belonged to the Tokyo Lawn Tennis Club for 40 years. In the National Council of Churches to study at the early years, most of the Japanese membership was nobility. (It was a place Waseda University. Later, during the 1980s, he where the diplomatic corps could meet with socially prominent Japanese.) My worked in a large Tokyo law firm , was hired as Special Counsel to the U.S. Embassy under then­ wife became close friends with some of the ladies-in-waiting who picked the Ambassador Mike Mansfield, and served as trade Crown Prince's tennis partners. One day I received a call asking if I would like negotiator for the U.S. government before becom­ to play tennis with him." ing a Tokyo-based lawyer/lobbyist for the U.S. Prof. Henderson co-authored a text, Civil Procedure in Japan, with the Electronics Association. Chief Justice of Japan, Hattori Takaaki, work that took 15 years before it was He first thought about becoming a lawyer published in 1981. It was subsequently revised in 1985. He considered the when, as a student, he met Japanese human-rights Chief Justice, who died a few years ago, a good friend. "I met him when he lawyers through his church group. This was during was selected as one of the young judges to come to the U .S. to study. I was at a time of unprecedented economic growth in Graham & James, and he was studying at Stanford when mutual friends Japan. Seeing "prefabricated skyscrapers springing thought of introducing us, wanting him to meet someone who understood his up practically overnight," he began to consider a career in international trade. culture. The text we wrote is part of a civil procedure series published by the When Foster returned to the U.S., he chose Parker School at Columbia School of Law." to attend Hastings because of its strong program in commercial and secured transactions, U.C.C., TEACHING AT HASTINGS and bankruptcy. "J im Frolik, my instructor in At the age of 75, he still likes the combination of teaching and practic­ international business transactions, compiled files ing, and Hastings is pleased to have the only jun-kaiin law professor in the containing commercial treaties (including the country. Prof. Henderson says, "Teaching at Hastings is quite different than G.A.T.T. , U.S., and Venezuela, etc.). teaching at the University of Washington, where I was from 1962-91. The "Consequently, I left Hastings with a working students I taught there, as the Director of the Asian Law Program, were gradu­ knowledge of commercial transactions. Later, I ate-student lawyers who were bilingual. At H as tings, I teach a course that worked with Yale and Harvard law school gradu­ ates in Tokyo during the 1980s, and I realized how introduces people to Japanese through English sources. I find it more exciting fortunate I was. Most of the lawyers from the because people tend to enj oy their first exposure to a different culture. [ find other schools had not ever looked at a treaty or Hastings students to be a self-reliant bunch, elf-made, and more diverse than even taken a class in commercial transactions." those fo und in private schools. I like the self-confidence this gives them. Foster says the type of law he practices is per­ Since Japanese law is not a topic for the bar exam, my students are not fect for someone like him, who does not like liti­ focused only on passing the bar. " gation. "I find commercial transactions rewarding: Prof. Henderson, already acquainted with Hastings faculty and the Bay doing deals, putting together joint ventures, get­ Area, says he was pleased with the invitation to join the 65 C lub upon his ting regulatory and administrative approval for retirement from the U niversity of Washington. "[ thoroughly enj oy each manufactured products. " fall semester that I spend at Hastings: the faculty, the students, go ing to the Foster's work involves frequent trips to Japan, where he has an offi ce. His law offices also have opera, dining at Stars, and weekend visits with friends who are vintners in the been involved in projects in Korea, India, China, N apa Valley. It's all great. " Taiwan, and Europe . .:::t- Prof. H enderson also maintains his practice as of counsel with G raham & James in Seattle and Japan. .:::t- ... F I VE . .... HAS TING S ..

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JACK SMITH (,54) & CYNTHIA SMITH BIRMINGHAM ('83) Jack Smith and his daughter Cynthia Smith Birmingham practice together. Their Hayward law firm, Haley, Purchio, Sakai & Smith, deals primarily in real property and probate law. Jack says his fondest memory of Hastings is "Dean Snodgrass and his green eyeshade (and Snodgrass the person}." Like her dad, Cynthia is left with a lasting impression of a faculty member. She says, "My favorite memory of Hastings is Professor Riesenfeld, who was excellent. I think probably about a quarter of our sec­ tion took every class he had to offer after the first year, and I was in that group." Cynthia says she gives to Hastings because, "We tend not to look at our graduate schools when it comes to giving. We tend to focus instead on undergraduate schools. Also, when we give, we tend not to look as much on public schools as on private universities. I don't think that's the right way to go about it, so I focus on Hastings. I use more of what I gained from Hastings in my everyday work life than what I learned from my undergraduate education." Her father agrees, saying, "It is important to give back where you have received. The students in public institutions need more help as public support is reduced."

ALBERT R. ABRAMSON (,54) & ERIC M. ABRAMSON (,81) Albert and Eric Abramson practice with Abramson & Smith in San Francisco. The firm represents plaintiffs in personal injury cases arising from airplane crashes, defective products, medical malpractice, and general negligence. Albert facetiously says his fondest memory was graduating. When pressed for more specifics, however, he says, "I once got one up on Dean Snodgrass. He liked to pick on students and make them look ignorant by asking questions on obscure points. He asked me one in his contracts course. When I came up with the correct answer, much to Snodgrass' amazement, he wanted to know my authority. I was able to cite the text, author, page and exact location on the page. It got a laugh from the class and a frown from the Dean." Eric says his fond memories of Hastings stem from the unique institution it is. "It's an inner city campus in the heart of both the Tenderloin and Civic Center. Students are con­ fronted with real life, not sheltered on a pristine campus. The facul ty, too, is unique because of their breadth of experience and diversity." He believes that "giving is important to pre­ serve the Hastings tradition." Al adds, "I feel it's important to give to Hastings so it can continue to provide students the opportun ity I had as a young man-the chance to get a top-notch legal education."

.. SIX ' ...... HAST INGS ... .

OF GIVING

M. WAINWRIGHT " WA I N " FISHBURN, JR. ('81 ) & C. RANDOLPH " RANDY" FISHBURN (,81) Randy Fishburn is a partner specializing in complex commercial litigation with the offices of White & Case. His brother, Wain Fishburn, is one of the founding partners of the Cooley Godward office in San Diego, where he practices venture capital law. Randy says his fondest memories of Hastings are "Prof. Hall in Criminal Law, who is the source of some of the most colorful stories I tell to my non-lawyer friends. Also, the last day of then­ Professor Mary Kay Kane's civil procedure class, when 100 champagne corks popped simultaneously, and she didn't even flinch." Wain recalls, "When my brother Randy and I were both students in Prof. Peter Maier's tax class, we had a practice that whichever one of us was ready would respond to his question. Mid semester Prof. Maier looked up over his glasses into the conference hall and said, 'Are there two Mr. Fishburns out there?' At that point, we knew our jig was up!" Both brothers feel it is important to give to Hastings. According to Randy, "Even at today's prices, a Hastings law degree is an incredible bargain, particularly given its lifetime value. As beneficiaries of this, we have a duty to give back." Wain agrees, saying, "Without question, Hastings has offered me a foundation for my professional career which has empowered me in many aspects of my life. I feel very strongly about the importance of giving back to the institution, especially in these times, when there's a dire need for additional broad-based support."

EDWARD M. DIGARDI ( ' 47) & FRANCIS O. SCARPULLA (,67) For cousins Ed Digardi and Francis Scarpulla, their fondest Hastings' memories come from the classroom. Francis says, "Early one Saturday morning, Prof. Norman Latin, who taught Corporations, asked me to brief a case, which, of course, I had not read. Claiming he could not hear my answer, he asked me come forward and open my book to a particular page. The class laughed hysterically when the book made a loud cracking noise, making it obvious it had never • been opened before." Ed recalls, with fondness, Dean David E. Snodgrass, both as the Dean and as a professor. "He taught one class in each of our three years. He was an excellent teacher with a real wry sense of humor, who made you think, not just memorize." Ed says that he gives to Hastings "to give back what they gave to me." Francis underscores this, saying, "I believe that graduates who have been successful must give back to the institution that gave them the education and opportunity for achieving that success." Ed's firm, Digardi & Campbell, in Oakland, focuses on civil litigation. Francis is a sole practitioner in San Francisco, engaged exclusively in the practice of representing plaintiffs in complex antitrust suits. The Digardi/Scarpulla tradition of giving to Hastings until recently also included another family member, John F. Digardi ('28), who died in February 1996. Mr. Digardi had been a long-time 1066 Foundation donor and had focused his San Francisco private practice on probate law until his retirement in July 1995. Hastings joins the Digardi/ Scarpulla family in mourning the loss of such a distinguished alumnus and caring individual as John Digardi .

. S EVEN · . . H A Tl NG

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u.s. SUPREME COURT JUSTICE ANTHONY M. KENNEDY TALKS WITH STUDENTS

N M ONDAY, FEBRUARY 12, 1996, CLASSROOM B OVERFLOWED WITH STUDENTS EAGER TO ATTEND O a question and answer session that, poss ibly for the first time in Hastings' history, was with a sitting Justice of the U .S. Supreme Court. The Honorable Anthony M. Kennedy was presiding at this special session because of a promise he had made to Dean Mary Kay Kane. After Kennedy's busy schedule forced him to tum down an invitation to speak at the College, he said he'd be happy to come to Ha tings the next time he wa in San Francisco for an informal session . Kennedy, who was once an adjunct professor at McGeorge School of Law, clearly enjoyed being back in the classroom. "I can actually answer questions of great substance," he began, "because I have one of my former law clerks with me to tell me what the answer is." His former law clerk, Hastings Prof. Ashutosh Bhagwat, was seated nearby. Most of the hour-and-fifteen-minute se sion was devoted to Q and A. Students asked about the workings of the Supreme Court, Ke nnedy's views on specific opinions and on effective oral arguments, the Justice's ideas for an all-star Supreme Court, cameras in the courtroom, and many other topics. He began by saying, "I very much hope you are profiting from yo ur law school experience. The American law school system is unique. There is nothing like it anywhere in the world . ... "Our system of legal education is one in which we have a formal mechanism for transmitting our entire legal heritage, year to year. .. This is a remarkable method for preserving our system and legal mechanisms, and we hold it in such high regard. Your law school e tablishment, I ass ure you, is the envy of every country in the world .. . . It is very difficult to afford graduate education, as many of you know. [Most people in] poorer countries simply cannot afford it. Instead, they must rely on apprenticeship programs. In almost any other country, judge are not generally drawn from the bar; they begin their career track with the government right out of graduate choo!. .. I am very proud to be speaking in this law schoo!. I know its reputation ."

What follow are a few of the question asked, with highligh ts from Justice Kennedy's responses.

E IGHT' . H AS T I N GS.

WHAT MAKES F OR A SUPERIOR PERFORMANCE IN AN ORAL ARGUMENT? I need help [from counsel] in knowing the best rationale to adopt if I am go ing to accept the client's position. I have to write this case. I know that there are certain cases aga inst that position, and I need to confront that. The biggest mistake counse l make IS that they tell us the easiest parts of the case while the clock is ticking away. We want to know the hard part of the case. That is why they are there. Another common mistake is not to listen to the question that the Justice is asking him. I also thll1k it is a great mistake to argue in the appellate court without watching the court in action. Other than that, I think it depends on personal style, and it depends on the court.

IT IS WELL KNOWN THAT LINCOLN REJECTED THE HOLDING IN THE DRED SCOTT CASE. Do YOU SEE THAT AS A VIABLE COURSE OF ACTION FOR A PRESIDENT IN A MODERN-DAY CONTEXT? It seems to me that he took the position that the Court's position would be respected as setting law until another Court overturned it. He thought it was wrong, but he clearly thought it was binding on the parties .... Can you argue in court that yo u are justified in disobeying the law? You come up hard against the notion of civil disobedience, and there is a differ­ ence between civil disobedience, protest, and anarchy. In our country, which is based on a democratic system, which ha a responsible judiciary and fair voting procedures, in my view, with only one pos­ sible exception, there have never been grounds for civil disobedience in modern times. That exception was the recalcitrance of Southern law enforcement official in the area of civil rights in the 1950s. I think civil disobedience was justified at that time. But it's awful to say that people are released from the consequences of the law. That is not how our society works, and I see no justification for civil disobedience in this society based upon any issue that is the subject of current controversy. Juries should understand this point. Judges should instruct juries, "Ladies and gentlemen of the jury, you are acting as part of the power of this Court. You are doing so subj ect to a compact, an ag reement between the Court and you. You are to find the fact as they occurred, and yo u are to apply the law as I give it to you. Law is based not on opinion. It is based on moral reason. If yo u do not follow the law, you are eroding the jury system, and yo u are corroding the rule of the law in this society. I, as a judge, have to do many things that I don't particularly like. I have to do them becau e it's the law, and yo u are no different. In so far as race, ethnicity, and gender are concerned, you have been se lected without regard to those features, not so you can introduce yo ur opinion on those subjects, but so that you can avoid those subjects being discussed in the jury room. And you must follow the law. You are not to disobey." That has to be the position. I would so instruct the jury.

WHOM WOULD YOU CHOOSE IF YOU COULD CREATE AN ALL-STAR SUPREME COURT? Years ago, when I taught law school, my students would ask me that question. I would start with John Marshall [1 801-35]. That's a cop-out, easy answer. O ne of the reasons I wo uld want to have him on the Court is that even though he wasn't at the Constitutional Convention (he was in Paris at that time), he lived then and knew all the politics of the day. Instead of say­ ing to myself, "What did the framers mean ?" I could ask him, "Just what did the framers mean ?" Then my views changed on that. I'd still have Marshall on my Court, and he's a Justice I still try to emulate, but my reasoning has changed. I was giving a series of lectures some years ago at Stanford, and many of the Canadian appellate judiciary and judges from their Supreme Court were there. Canada has a written Constitution. They were asking me about all these clauses, and I asked them how many there had been involved in drafting their Constitution. About half raised their hand . I then said, "You wrote it, and you're asking me what it means?" Then I had a new concept of what it means to draft a Constitution. I have a distinct advantage over John Marshall. I have 200 plus years of experience in knowing the wisdom of some ideas and the folly of others. I am removed by more than 200 years from the strictly parti an confined debates of the time, so that only the more pure, basic, and fundamental principles of the Constitution are there before me. So, I, as a result, think that our position in time gives us an advantage with historical hindsight over our early predecessors. [Other Justices that Justice Kennedy would choose include Hugo K. Black (1937 -71), and both Justice H arlans: John M. Harlan (1877 -1911) and John Marshall Harlan (1955-71).]

When asked what she thought of the session, Shannon M. Dunne ('98) said, "At a time when there is much cynicism regarding lawyers and the legal system, I was heartened to hear from Justice Kennedy. His faith in our system and obvious pride at being a part of it, as well as h is belief that America's law schools 'are the envy of every other country in the world' reminded me that being a law student is a privilege, not a hardship." -:t.

... NI N E ' . HASTINGS .

ANIEL SCHORR, SENIOR NEWS ANALYST FOR NATIONAL PUBLIC RADIO AND THE LAST OF D Edward R. Murrow's legendary CBS team still fully active in journalism, presented the thirteenth annual Matthew O . Tobriner Memorial Lecture at Hastings on November 6, 1995. Schorr's career of more than half a century has earned him many awards for journalistic excellence, including three Emmies and numerous decorations from European heads of state. For his lecture, Schorr drew upon his personal experiences, including actions he has taken in defense of the First Amendment­ experiences that have have won him honors from civil liberty groups and professional organizations. Excerpts from Daniel Schorr's Tobriner Lecture, "The First Amendment Under Stress," delivered November 6, 1995, follow.

PUBLIC SUPPORT FOR JOURNALISM IS WANING

The last time I spoke at a law school in the Bay Area, it was 1977. I was a Regents Professor in Berkeley's Journalism School and a refugee from the C IA, CBS, and Congress, back east. My subject was, "Limits on Freedom of the Press," and I argued, with ome pa ion, that there shouldn't be many. My views were colored by what I had recently been through on the First Amendment war front. I had been ummoned before the Hou e Ethics Committee in public session and required to name the ource from which I had obtained the draft of a report of the House Intelligence Committee on CIA and FBI malfeasances, a report that the House had voted to suppress. If I did not comply, I was warned, I would be subject to being cited for contempt of Congress. That carried the penalty of a stiff prison sentence and a fine. The Supreme Court had ruled, in its Branzburg-CaldweUl decision, that the First Amendment afforded no ab olute protection for a journalist's sources, and so the prospect of jail, as my lawyer, Joseph Califano, explained to me, was very real. The hearing was being carried live on public television, and it must have elicited some response around the country. At the end of the day, the committee retired into executive session and voted six to five against holding me in contempt. Considering the ini­ tial ho tility of most of the members, condemning me for arrogant disregard of the will of Congress, the committee's hand may well have been stayed, in the end, by a word from constituents, expressing support for a beleaguered reporter's First Amendment defense. I am not sure that the public today would rally that way behind a reporter defending a First Amendment right, or "privilege," as it is called in the law.... Ultimately, privilege must depend on public support, and support for press privilege has ebbed in these twenty years. In part, this i becau e the Fir t Amendment has been stretched to cover a variety of activities that do not enj oy public approval. We have recently witne sed campaigns against violence and pornography on television, against gangsta rap records, against exploitative talk

. T Ei' HA STI NGS , shows. All of these enjoy First Amendment protection , but stretch ing the Fir t Amendment to shield activities regarded as antisocial only weakens support for the First Amendment . . . . What has happened, meanwhile, to the public perception of the journali t? . . . The news media fi gure today is a blow-dried, million-dollar anchor person, more cele­ brated than the celebrities he or she covers. The news program, occupy ing a little corner of a vast entertainment stage, is forced to compete with "Hard Copy" and HASTINGS STUDENT other ver ions of reality that are not reality. So, NBC rigged a GM truck to explode. ABC used actors to simulate an alleged Ameri can spy handing a briefcase full of SELECTED TO WORK secrets to a KGB agent. And, for a thankfully short period several years ago, CBS News employed a casting director for a "news" magaz ine program .. .. My primary WITH THE PREVIOUS concern is that public support for the First A mendment, already at a low ebb, not be TOBRINER LECTURER, further weakened by the appearance of being invoked unreasonably ... . That leads me to the question of televising trials. H aving, over the years, been JUSTICE GOLDSTONE involved in numerous arguments about access for radio and televi ion (the camera and the microphone are to us what the pencil is to the print reporter) , I must theoret­ ically hold that television should be admitted to all courtrooms. But, in my declining years, I am no longer a believer in ab olutes. C learly, the camera encourage lawyers and witnesses to grand tand. It promotes an industry of exploitation of media celebri­ tyhood. It can, in case of a mistrial, complicate the task of selecting a second jury. So, 0URING THE SPRING I will not argue too vehemently with any judge who decides to limit television access to his or her courtroom. 1996 semester, Dean Preston ('96) We have not recently had the kind of dramatic press freedom confrontation that makes the public appreciate the importance of this privilege .. .. is working at the Prosecutor's

NOSTALGIA FOR THE PENTAGON PAPERS Office at the United Nations

I am nostalgic for the Pentagon Papers case, which had everything I would want International War C rimes Tribunals to see in a First Amendment case. H ere was the Nixon Administration seeking to enjoin the publication of Vietnam history on the ground that it would irreparably for Rwanda and the former harm the national security of the . Yet the government was totally unable to demonstrate harm to the satisfaction of a federal judge . That case, argued Yugoslavia, based in The Hague, by the N ew York Times and Washington Pos t after they had submitted to prior restraint, is what you call striking a real blow for freedom of the press. It served the public N etherlands. This placement, one and exploded an offici al lie. It showed that, on the whole , the public interest suffers more from excessive secrecy than from excessive disclosure. Chalk up one for the of very few available to U.S. law First Amendment. But, given the contemporary situation, how does a press, whose moti ves and students, was obtained through a dedication to the public weal are suspect, go about re toring public support for our "pri vilege"? How do we overcome the public attitude that evidenced itself when the joint effort by Prof. N aomi Roht- press protested against censorship in the G ulf war, and opinion polls indicated the public favored more censorship? ... Arriaza, Hastings, and Prof. David

RESTORING PUBLIC CONFIDENCE Caron, Boalt. A Boalt student O ne possible new direction has been outlined by my friend, Ellen Hume, in a worked at the Tribunals in the fall, study for the Annenburg communications program on the impact of technology on journalism. She finds that "the apparently endless fl ow of scandals and feeding fre n­ and Hastings was awarded the zies has damaged rather than enhanced journalism's credibility." The objective now, she says, must be to use new technologies to create "a trustworthy product." spring placement. The opportunity Address ing a "public" rather than an "audience," the smart new journalism will be both interactive and proactive, opening the door for citize n engagement. In the new arose following the visit of Justice news marketplace, Ellen sees an end to the obsess ion with scoops and deadlines. I may be too old to grasp what lies ahead in a new interactive journalism geared Goldstone, the Chief Prosecutor, to to a new technological age. I can only surmise that anything that helps to restore public confidence in the disseminators of information will help to restore public sup­ H as tings as the Tobriner Lecturer port for the constitutional guarantee of the freedom of the press. The men who craft­ ed that guarantee to shield the writers of political polemics from retaliation by las t year. Congress could not have dreamed what a vast industry their brief amendment would end up shielding. But it is still, perhaps more than ever, worth fighting to protect. ~

The complete text of Daniel Schorr's lecture appears in Has tings Communications and Entertainment Law Journal (Comm/Ent )Vol. 18, No.3 (Spring 1996) . Copies may be ordered for $10 each . Contac t the Scholarly Publications Office by te lephone, 41 51565-4775, or by FAX , 4151565-4814 ,

EL EVEN' HAS TI NG

THE FOURTH ANNUAL ATTORNEYS GENERAL FORUM

The yearly informal round­ table discussion, known as the Attorneys General Forum, is part of a unique series sponsored by Hastings College of the Law. This year's Forum featured (left to right) Edwin Meese, III, who served as Attorney General under President Ronald Reagan; Dick Thornburgh, who served as Attorney General under both Presidents Reagan and Bush; the moderator, Harvard Law Professor Arthur R. Miller; and

Q) Nicholas Katzenbach, who e c served as Deputy Attorney ::2'" General under President :t: -,Q) John Kennedy and Attorney o o General under President .s= Lyndon Johnson . ~ ~~~~.. ~~~~~~~~~~~~~.. ~~~

I nsPired by recent controversies concerning the funding of the Legal Services Corporation, incidents at Waco and Ruby Ridge , and the legacy of the 0.]. Simpson trial , moderator Arthur Miller questioned three former Attorneys General during Hastings' 1995 Attorneys General Forum . This was the fourth time that a group of the nation's former top legal officers have gathered in Louis B. Mayer Hall to exchange views on legal issues, directly exposing students, faculty, and alumni to the thinking of those responsible for the creation of recent administration,of-justice policies. The Forum, held October 28, was broadcast by C, SPAN in November. Highlights from the Forum appear below.

• Should the Legal Services Corporation Be Abolished?

MEESE: I think the Legal Services Corporation started out as a good idea .... but what has happened is that too often the resources [for legal service J... have been diverted to purposes totally unrelated to legal services for the poor. They've been used for cause-oriented advocacy for special interest groups, for particular political causes ....They've even worked against the poor. I think the typical example is when poor people in housing projects are trying to increase their own public safety to get drug dealers out of their apartments that they have in those housing projects, and the Legal Services people go in to represent the drug dealers against the tenants .... I'm opposed to the idea of cutting the funding because you leave the same structure in place. I would much rather see them abolish the Legal Services Corporation, keep the funding and, as some have suggested, have it passed directly to the governor or to the state bars or some other state agency that could then provide these funds to those legal services organizations in each of the cities that are actually performing legal services for the poor ....

THORN BU RGH: It seems to me that the cure is clearly not to abolish the Legal Services Corporation but ... a healthy re-examination of precisely how these services are to be delivered. It has been suggested that they be delivered through the use of vouchers or the widespread use of something called Judicare, which was established on an experimental basis during the 60s and 70s-in effect, a credit card that would identify the persons eligible for legal services and give them the right to choose or designate a lawyer whom they wanted .. . . You don't

. T WELVE' ...... H AS TI NGS .

need a federal agency or a federal bureaucracy to oversee the provision of legal services at the local level . ... Block grants to the states would suffice. I think the states would use different techniques. They would be innovative ... .

KATZEN BACH: What I don't want to see is the federal government washing its hands of the principle that poor people ought to have legal representation. And I ag ree with yo u. It's very difficult to do in categories. Some of the legislation now wants no class action suits at all. Some of it wants no divorce action at all. I thought the problem was not getting married. But the probl em apparently is ge tting divorced. A nd no prisoners, no aliens. You can't do that and say that yo u've got some kind of justice sys tem for the poor. You just can't do it.

• What Went Wrong at Waco?

THORNBURGH: I find it increasingly trouble ome that law enforcement is taking the pre along or giving the pre special access to law enforcement activities. That clearl y was a contri butor to the problem here.

KATZENBACH: I have a u picion that, when the FBI took over, it wasn't an FBI, it was two FBI . It was a dif­ ferent kind of situation than [one] they were familiar with. They had a hostage negoti ation unit and they also had the Israeli quick response, terrorist kind of unit there, and these don't act in the sa me kind of way .... You [also] had a new Attorney General, with none of her pos itions at that time really staffed, if I recollect correctly. She had no experience, as I would have had no experience in this kind of a situation. It reminded me a little bit of Pres id ent Kennedy in the Bay of Pigs .

MEESE: If there were two FBls, or two elements of the FBI at war with each other, this wo uld be a pro blem of leadership and of management .. .

THORNBURGH: The real culprit here, it seems to me, is whoever gave her (Attorney General Reno) that erro- neous information . .. . This is a person who told the Attorney General a colorable reason why this assault should take place ... . And the information was fl at, dead wrong and no heads rolled .. . . You have to develop a little bit of the style used by Lt. Columbo. If a lawyer becomes an Attorney General, that lawyer ought to have a highly developed sense of looking very skeptically at every recommendation of any moment that comes across his or her desk.

KATZEN BACH: And it's very helpful if you have staffed up your pos itions so that you don't have to do it your­ self; you're surrounded by people who will do that for yo u.

• Ruby Ridge: What Happened There?

MEESE: It was the Bureau of Alcohol, Tobacco and Firearms that initiated the problem. They were trying to find some way of getting information about what they thought were white supremacists' organiza tions or militias .. .. I don't know that it was the rogue cop phenomenon. It was a situation to question should they have done thi in the first place ? Should they have enticed this guy into se lling the sawed off shotguns? O nce they did that, should they have had this mass ive effort to try to arrest him at his cabin, as opposed to picking him off and arres ting him quietly when he left, which, presumably, he did from time to time. The government spent $10,000,000 to arrest one person who was not even originally intending to commit a crime himself, and I think that's where the initial fl aw is.

THORNBURGH: I think it's commendable that FBI Director Freeh has acknowledged . .. that there were trag­ ic mistakes made . . . and he's taken appropri ate disciplinary action, but you always dig a deeper hole when you try to cover something up, and that's what's happened here.

KATZEN BACH: I'm not at all ure that the appropriate disciplinary action was ever taken in this case but, if it had been taken quickly, then it would not be necessary to take draconian action . When it drags on and yo u get the absolutely preposterous situation of fiv e members of the Federal Bureau of Investigation taking the Fifth Amendment in a Congress ional hearing-I don't know what Mr. Hoover would have done. I'm sure he would have fired them. The question is whether or not he would have shot them.

• What is the Legacy of the O.J. Simpson Case?

MILLER: Is it possible the movement that we see in the country, this militia movement, somehow is be ing fueled by los of confidence in law enforcement, Waco, Ruby Ridge, O.J. Simpson, whatever?

MEESE: The background climate is one where a lot of people are discouraged and fru strated that government has n't done all the things it's supposed to, particularly their ability to protect us in our lives and property . . .

. T HI RTEEN H A TI NG .

There has been a eries of specific attacks on police, which have used that climate then and taken it one step further. I think of the despicable conduct of some of the attorneys in the O .J. Simpson case, in trying to attack the police, rather than attacking the specific elements of evidence. Unfortunately, you had the Fuhrman situa­ tion where everybody's worst nightmare came true.

THORNBURGH : There's no room for the Mark Fuhrmans of this world in the criminal justice system. Period . . .. If they [0.]. Simpson's prosecutors] weren't aware of his propensities, then they were negligent or deficient in preparing their case. One of the first things you learn as a trial lawyer is Know your witnesses! Know what the weaknesses are in your case! I'm often led to wonder what if Mark Fuhrman had taken the stand, was asked if he'd ever used racial epithets and he said, "Yes I have. I'm not proud of it but I have used those epithets and there are others on the police force who use them. It's a nasty habit that we've gotten into because a problem exists in our society." That kind of an answer would have totally defused the immediate situation in that case.

MILLER: What we're talking about ... is the legacy of Waco, Ruby Ridge, and the 0.]. Simpson case, and one of the legacies appears to be, rightly or wrongly, a growing public distrust about law enforcement behavior.

THORNBURGH: There are a lot of legacies ... One of the things that troubled me about the Simpson case was the degree to which out-of-court statements by the lawyers involved in the case were permitted by the judge. In my view, there should have been a comprehensive gag order entered the day that trial started that prohibited any lawyer involved in the case from making any statement out-of-court. I'd put it in very simple terms: "Ladies and gentlemen. You try your case in the courtroom. Period. No press conferences. No dash to the front steps of the courthouse at the end of the day." And I think that was where the circus atmosphere of this case came from. It wasn't what happened in the courtroom as much as what happened outside of the courtroom .... I think as well among the legacies that we have to look to from the Simpson case is the need for a judge to be in charge in the courtroom. What happened here, almost imperceptibly over a period of time, was that the lawyers took charge and the judge was not acting as firmly and strongly as he could have to maintain control of the courtroom.

I think we really ought to use this concern about the Simpson case as a warning shot across the bow for the entire criminal justice process. Around the world we are looked to as the exemplars of the rule of law .... With all of our problems, we still are the role model for most nations ... putting together a legal system. That imposes an even greater burden on us to clean up our act where we are deficient, and I think there's plenty of work to do.

MILLER: Would you be in favor of Dick's gag order?

KATZEN BACH: No lawyers talking to the press? Yes. I don't see anything wrong with that. The judge might have included himself .... Certainly we should know from ... the publicity ... what happened in this [case], everything about it. We should know that we've got more to do than just the cleaning up of police. We've got a cleaning up of our society with respect to race, or it's never going to work right.

MEESE: The lack of control by the judge over the courtroom ... may have been a part of the result of the fact that this was being televised and the television infected the way in which all of the people who, instead of becoming lawyers and judges, now became actors, at least subconsciously .... I just think that the television presence was an unhelpful aspect of this, whereas on most COURT-TV things ... I think they've done a very good job of opening up trials to the public .... Maybe we ought to think about the fact that the O.J. case was, in effect, an aberration ....

THORNBURGH: There are three reasons why television is a good thing and, in fact, is inevitable. The first is, you can't fight the technology. Our constitution guarantees the right to a public trial. Theoretically, every citizen can walk into any courtroom in any community in our country, sit, and watch a trial .... So five years, ten years, twenty years from now, televised trials are going to be, in my view, the norm. And I think that it does open up the process. And that leads to the second point. Television has the capability for holding the people involved in the trial accountable. So much of our justice system is carried out, literally, behind closed doors. The ordinary citizen has no idea what goes on . .. . The public is able to see how judges perform, how lawyers perform, how individual witnesses perform, how the court runs, and hold people accountable for any shortcomings. And the third thing, closely related to that, is, I think, the remarkable educational value that comes from people being able to see what goes on in the trial. I sat in that trial, and I saw what went on in that courtroom ... . In my view, the circus atmosphere wasn't in the courtroom, it was outside the courtroom. If you'd seen that "Camp 0.]." across the street, where there were all of these vast dishes stationed and places for people to carry on interviews. It was a circus, and it was compounded by the lack of a gag order which permitted these attorneys to try their case [WO times every day, once in the courtroom and once for the cameras. That's where I think the restrictions ought to be imposed ....

F OURTEEN' HA STING S .

The absolute, wor t case scenario: no televi ed proceedings, no gag ord er. Can you imagine the amount of inter­ est there would have been in those post-proceeding pre s conferences with these guys out spouting off on both sides, prosecution and defense, about what happened in the courtroom if there had been no televised proceed­ ings? That, to me, underscores, if nothing else, the absolute necessity of having a gag order on the lawyers on both ides.

KATZEN BACH: I don't really beli eve for one second that the presence of the camera in there, the statements that should have been stopped with the gag order, all of that, had one i ta of difference in the result . . . . Everybody, when serving on a jury, brings whatever experiences, whatever perceptions, whatever bias, he or she has, not about this case, but about social things in general. I think that that jury . . . had a very different view of what they believed police practice to be, of what they believed policemen did, than you would have had with a jury of different racial compos ition in a different area . . .. And, I think that trial tells us something about race in the U nited tate, about our failure to deal adequately with thi problem and about the consequences that it is go ing to have in situations like this ....

MEESE: I think we ought to make it much harder for people to get off juries. I also think it behooves the judge in any case to learn from this case to make sure things move along ....

THORNBURGH: The dilemma you have here is dealing with what I think pretty clearly happened here, although no one will ever know. Johnny Cochran made a clo ing summation to the jury that was absolutely bril­ liant, eloquent, and, in my view, totall y reprehensible because what he called upon the jury to do was to send a political message to the Los Angeles Police Department, a message, by the way, that should be sent th rough appropriate processes, but this was not the forum. This was a forum to deal with evidence introduced over a considerable period of time, that was to show the guilt or non-guilt of a particular criminal defendant, and I can't possibly square a four hour period of deliberation and a finding of "not-guilty" with a jury following the ad monition from Judge Ito to carefully weigh the evidence and deliberate as to the guilt or non-gu ilt of the defendant. I believe that, through Mr. Cochran's eloquence, he induced the jury to do precisely what he told them to do: "Send a message."

• Do the Rich and Poor Receive the Same Justice?

MILLER: Let me ask you the big one .... A message of the O.J. Simpson [case] ... .Th e rich and the powerful get a different brand of justice in this country ... than the people on Legal Services Ass istance. How are we ever going to deal with that message?

THORNBURGH: They do get a different brand of services. They get also different brands of automobiles, hous­ ing, every other material thing in life. You're never going to exert a leveling instinct throughout a society that's so diverse and so properly competitive in the economic scene as we are. But we get back again full circle to neighborhood legal services, to public defenders, to ensuring not that every defendant in every criminal case has fourteen (count them), fourteen lawyers appearing for them in a particular case, but that they have an adequate level of representation to assure that they're accorded due process .... I don't think you can, constitutionall y, put restrictions on amounts that can be spent.

KATZEN BACH: If yo u have in society a gradation of lawyers, it isn't poss ible for every defendant to have only the top 5%, 2%, 1 % of these lawyers. It is possible for the people who have money.... I just cannot understand the refusal to provide really competent defense counsel, particularly in death penalty cases. It would solve 99.9% of the habeas corpus cases that you have and would be infinitely cheaper from a budgetary point of view.

THORNBURGH: I just want to mention one thing. I often talk to law students and they're worried about the profess ion, wondering if there is going to be room for them and they say, "Mr. Thornburgh, are there too many lawyers?" I said , "Well, I don't know whether there are too many lawyers, but there are never enough good ones." And I think that's an important thing to remember.

MEESE: In this country, we only spend 3% of our tax dollars for the entire justice system, so it seems to me that, if our priorities are right and we're dealing with these kinds of problems and that protecting the public is our top priority, certainly justice ought to get a bigger share of that tax dollar because it does come down to resources.

MILLER: Statistics are a funny thing, never to be trusted. I will just note for the record that the average cost to the Legal Services Corporation for the reso lution of a client's case [is] $250, which is less than the hourly rate of anybody on the dream team. My thanks to this illustrious trio for coming back and joining us for this annual Forum, and we hope everyone out there will join us again next year when the group gets together. Thank yo u. -:t:.

. F IFTEEN

. H A TlN G .

In November 1995, PROF. R I CHARD BOSWELL returned to the Universidad de San Carlos in Guatemala to continue training law professors in oral trials and clinical teaching methodology, and he taught Guatemalan law students a mini­ course in oral advocacy. He also gave a talk on C linical Legal Education in the United States at the Centro de Apoyo EI Estado de Derecho. He had taught a series of courses last June to Guatemalan law professors on trial advocacy. His June visit was sponsored by the United States Information Agency (U.S.LA.). The November program was sponsored by the U.S. Agency for I: International Development. During both visits, he provided o i:5 advice on the establishment of a law school clinic at the ]! U niversidad de San Carlos, which was established 350 years I: C'" ago and is one of the oldest law schools in the hemisphere. o On December 1, 1995, Prof. Boswell participated in an (5 .t: interview for Univis ion (Spanish language TV) in Washington, Q. D.C., regarding recent proposals for immigration reform pending Dean Kane, Justice Kennedy, and Prof. Ashutosh Bhagwat, who in Congress. served as Justice Kennedy's law clerk, visited in the Dean's office. In February 1996, he delivered a series of lectures on the (See article on page 8.)

"Myths and Realities of U.S. Immigration Law" before the PROF. DAVI D JUNG , Director of the Public Law Research Danish Centre for Human Rights, University of Copenhagen, Institute (P.L.R.L) announces that full texts of P.L.R.L reports and at Arhus University Law School in the Netherlands. The are now accessible through Hastings World Wide Web home lectures were sponsored by the U.S.LA. page (which can be reached at http://www.uchastings.edu/ In addition, his article, "Restrictions on Non-Citizens' plri/plri.html). Topics covered in the reports include: Formation Access to Public Benefits: Flawed Premise, Unnecessary of Electronic Contracts; Transfer of Assets by Nonprofit Public Response," was published in 42 UCLA Law Review 1475 (1995). Benefit Corporations to For-Profit Subsidiaries; Legislative He is a Visiting Professor at American University in Impairment of Contracts Between the State Water Project Washington, D.C., for the 1995-96 school year. and Its Contractors; Leasing Accessible Space From the Military; and Applications of Federal Accessibility Laws to PROF. Jo CARRI LLO was appointed to serve on this year's Law Federal Lessors. and Society Summer Institute Planning Committee, which will Students working with the P.L.R.L had the opportunity this focus on the topic of "Democracy and Democratization." The fall to work with lawyers at the Judicial Council's Institute will be held at Boalt Law School. Administrative Office of the Courts in preparing materials for the Judicial Council's February meeting on reducing the cost of PROF. , during the fall semester, gave the keynote address at the annual meeting of the California civil litigation. Employment Lawyers Association in San Francisco; spoke to the DEAN MARY KAY KANE served as the keynote speaker in annual meeting of Northern California Human Resources on October for the Past Presidents Dinner of Queen's Bench in the ubject of Privacy in the Workplace; appeared with the late San Francisco, speaking on "Women Lawyers' Achievements: Bernard Witkin and Beth Jay on a panel at the State Bar of Past, Present, and Future." California's annual meeting on the topic of California Supreme

Court hi tory; addressed a conference in Washington, D.C., PROF. DAVID I. LEVINE delivered talks on the challenge of sponsored by the American Arbitration Association, on the sub­ Chinese-American students to the San Francisco school deseg­ ject of mandatory arbitration of statutory claims; and wrote an regation consent decree to audiences at the State University of opinion letter on the constitutionality of the proposed Civil New York at Buffalo Law School, October 1995; at City Rights Initiative at the request of Senator Bill Lockyer. During University of New York at Queens Law School, November January 1996, he spoke at the Hastings CLE program on recent 1995; and at UC Berkeley, Political Science Department, developments in employment law and participated as a December 1995. Prof. Levine and PROF. MELISSA L. commentator at the annual convention of the Industrial NELKEN , along with Donald L. Doernberg, have written A Relation Research Association in San Francisco. Civil Procedure Anthology, soon to be published by Anderson Publishing Co .

. . E IG HTEE N· . . H AS T I NG

PROF. RORY L.ITTLE served as a panelist, in August 1995, for PROF. EILEEN SCALLEN delivered a paper, entitled "Presence the Federal Bar Association's "Whirlwind Review of the and Absence in Lochner," at the Ninth Bi-Annual Speech Supreme Court's Team" and also, in December 1995, for the Communication Association/American Forensic Association Bar As ociation of San Francisco's panel on "Strategy and Conference on A rgumentation in August 1995. A version of Ethics on Appeal. " In January 1996, he presented a paper, "Who her talk was published as an article in the Hastings Constitutional Should Regulate Federal Prosecutors?" at the Association of Law Quarterly in the Spring 1996 issue. American Law School's (A.A.L.S.) annual meeting in San The Hastings Women's Law Journal published her article Antonio and also served as an invited commentator for the entitled "The Big Game: Metaphor and Ed ucation in the Federal Judicial Conference's Standing Committee on Rules, Simpson Trial" in their Summer 1995 issue. Ad Hoc Advisory Group on Ethical Rules in Los Angeles. In In addition, Prof. Scali en organized and moderated a panel addition, he is serving on the Board of Directors for the literary on "What Did We Learn from the O.J. Simpson Case?" at magazine, ZYZ ZYUA. Has tings shortly after the verdict. The College Law Review will publish her com­ EMERITUS PROF. PETER K . MAIER is a visiting professor at mentary on "The Hearsay Rule and Implied Assertions" in the Stanford Law School during the spring 1996 semester. Summer 1996 iss ue, as part of the first electronic law review symposium conducted via the Internet. PROF. RICK MARCUS gave a speech at the A.A .L.S. She also delivered a paper at the Speech Communication Conference on C ivil Procedure in Washington, D. C., las t sum­ Association national conference in San Antonio, in November mer. He published an article entitled "They Can't Do That, Can 1995, on "Law and the Human Condition: The Pragmatic They? Tort Reform via Rule 23" 80 Cornell Law Review 858 Effects of Legal Discourse." At the conference, she served as a (1995) and a paper entitled '''Deja Vu All Over Again ?' An respondent to a series of papers critiquing the argumentation of American Reaction to the Woolf Report" in the Oxford the United States Supreme Court. University Press publication, Reform of Civil Procedure (A. She served as the keynote speaker in April 1996 at the Zuckerman & R. Cranston ed. 1995). Undergraduate Communication Research Conference at the At its December board meeting, the KQED Board of Directors University of St. Thomas in St. Paul , Minnesota, speaking on "The Ethical Responsibilities of the Advocate in a Public Trial. " elected ACADEMIC DEAN L.EO P. MARTINEZ to chair their board for 1996. KQED is the maj or public television and radio She also served as a scholar-in-res idence, giving a workshop on station serving the San Francisco Bay Area. "Expert Testimony as Rhetoric." She will assume the role as Has tings' Associate Academic PROF. CALVIN MASSEY debated affirmative action with Prof. Dean starting July 1, 1996. Barbara Babcock of Stanford Law School before the Palo Alto Bar Association in October 1995. He also spoke on KQED-FM PROF. GORDON VAN KESSEL was invited last fall by the about the Quebec referendum in November 1995. International Diplomacy Council to speak to lawyers and judges from various South American countries concerning our criminal PROF. UGO MATTEI , holder of the Fromm C hair in trial process in general and the O.J. Simpson case in particular. International and Comparative Law, was invited to serve (along Prof. Van Kessel pointed to the case as an example of adversary with 21 other members, including Nobel Prize winners Ronald excesses in our American trial system, including the extreme Coase and James Buchanan) on the Advisory Board of the New contentiousness of lawyers, pass ivity of judges, and the complex­ Palgrave Dictionary of Economics and Law. ity of rules of evidence. He lectured at the University of Uppsala (Sweden) in December 1995 and at Montpellier (France) in January 1996 PROF. WILLIAM K.S. WANG was appointed to serve as the on Comparative Law and Economics. C hair of the Investment Policy Oversight Group for the Law School Admission Council, beginning January 1996. A t that PROF. BEA Mou L TON was on the faculty for the A.A .L. S. time, he also started a three-year term as a member of the mini-workshop on Alternative Dispute Resolution in January Committee on Audit and Association Investment Policy of the 1996 in San Antonio, where she participated in the opening A.A.L.S. plenary session and taught a session on "Teaching Facilitation Prof. Wang also has completed work on his treatise, Insider Skills. " She has been appointed to the Planning Committee for Trading (co-authored by Marc Steinberg), for Little, Brown & the 1997 A.A.L.S. Workshop on C linical Legal Education. Co. The book should be published this summer. -::t.

PROF. ROGER PARK gave three talks on evidence and crimi­ nal investigations and delivered a paper on reforms in American S.F. LAW IN THE WORKS, AND character evidence law and recidivism at the First World Conference on New Trends in C riminal Investigation and You COULD BE A STAR! Evidence, which took place in The Hague, Netherlands, in Some of Has tings ' clinical faculty are designing a new course called December 1995. "Roles and Ethics in Practice," which wi ll introduce students to both legal ethics and practice skills. Several class sessions will be PROF. NAOMI ROHT-ARRIAZA served as an expert panelist at built around videotapes of "real" lawyer activities: interviewing, a conference on "Genocide, Impunity, and Accountability" counseling, negotiating, mediating, discuss ing strategy, etc. Filming organized by the Rwandan government in Kigali, Rwanda, in will take place this summer, probably in July and August. If you November. As part of her work as a Board member of Human will be in the Bay Area and would like to playa role, please send Rights Advocates, she helped develop and implement a proposal your name, address, and information on your practice specialty to Profs. Bea Moulton, Kate Block, and Miye Ooishi in care of to train Bay Area law students in international human rights Has tings College of the Law, 200 McAllister Street, San Francisco, law and practice through participation in meetings of interna­ C A 941 02. tional bodies.

. NI NETEEN PROF. WARREN SHATTUCK S CHOLARLY JOURNAL REMEMBERED AT HASTINGS HONORS BY FACULTY, FAMILY, AND PROF. RUDOLPH SCHLESINGER FORMER STUDENTS

Certainly, he influenced scores of law yers in his courses, and they remembered him . Alumni were always interes ted in Warren , and he in them. No member of the H as tings faculty in the 25 years I have been here has maintained so many close fri endships with former students . It is a tribute to his enthusiasm for his work and the vision of craftsman­ ship he brought to it. -Prof. James R . McCall, in his tribute to Warren Shattuck F acul ty, friends, and fo rmer students ga thered in the A lu mni Reception Center last eptember for a memorial service honoring Prof. Warren Shattuck, a fo rmer 65 C lu b member, who died last June (see notice in the Summer 1995 iss ue of Comm un ity). Dean Kane announced that "in the true spirit of the way he wa - intensely caring about students, but never wanting recognition for all he did, Prof. hattuck provided for future generations of students by leaving a very substantial gift, of approximately $250,000, to provide for the endowment of the Prof. Ugo M attei, holder of the Fromm Chair in Faculty First Year Section Scholarship Program. The scholarship International and Comparative Law, w ith Prof. program is one Prof. Shattuck h imse lf instituted many years ago Rudolph Schlesinger, following the celebration. as a means for the faculty to convey in a very direct way their pride and caring for our tudents." O n N ovember 13 , 1995, Emeritus Prof. Schles inger's Dean Kane added that even though thi represents one of colleagues surprised him with a celebration to mark the the largest single gifts ever donated to Ha tings' scholarship pro­ publication of h is fes tschrift, the Summer 1995 iss ue of the gram, in a conversation with her the previous year about the American Journal of Comparative which is dedicated future of the program, Prof. Shattuck asked that it not be named Law, to him. (A festschrift is a volu me of learned articles by after him. "That generous act typifies Warren Shattuck's colleagues, serving as a tribute to a scholar. ) The festschrift warmth, humility, and abso lute dedication to hi tudents and to was made poss ib le largely due to the efforts of his colleague, the profession. " Prof. Ugo Mattei. At the event, speakers paid tribute to Prof. Dean Kane's comments were followed by several equally Schlesinge r, under coring what Prof. Buxbaum wrote in the moving tributes from family and former student, who empha­ journal's introduction: "To speak of Comparative Law in the sized his effectivenes as a teacher and his love for his students. United States in the second half of this century is to speak of Dean Leo Martinez, who had been Prof. Shattuck's student Rudolf Schle inge r. " colleague, and, as h ~ de cribed, "in name only, his bos ," ended ' The fes tschrift celebration was such a we ll-planned sur­ h is comments by saying, "I am struck by Warren's immense loy­ prise that Prof. chles inger arrived prepared to present h is alty not only to the institution but to his students ... Warren paper at a sympos ium. He sa id he was amazed that his family hattuck's shadow is cast over us. We are honored. Warren, yo u and colleagues had done such a good job of keeping the secret. are missed." This is not the first time Prof. Schlesinger has been hon­ ored by a scholarly journal. The Hastings International Law Journal dedicated their Summer 1994 issue to him.

IN MEMORIAM

Emeritu 65 C lu b Professor, WILLIAM BAILEY L OCKHART, 89, a constitutional law expert, who laid the foundation for the 1960s civil rights laws, di ed December 18, 1996, in Salt Lake C ity. He was a University of Minnesota law professor from 1946 to 1972 and Dean for the las t 16 of those years. After retiring from Minnesota, he taught Constitutional Law at Hastings for 22 years. In the ummer 1994 iss ue of H as tings Constitutional Law Quarterly, which was dedicated to Prof. Lockhart at the Shown w ith Dean Kane following the September 1995 m emorial ser­ vice at Hastings to honor their beloved father and grandfather are time of his retirement, Dean Mary Kay Kane wrote, "The Prof. Warren Shattuck's family members (left to right, front row) retirement of Prof. William B. Lockhart from Has tings and Zenaida Shattuck, Ray Shattuck, Lori Walker, (and Dean Kane); from active law teaching marks the end of an era." (second row) A ndrew Shattuck, Brian, Craig, and Julie Walker .

. T WENTY' ... . C LA SS N O TE S, .

CLASS OF '59 RONALD H . ROUDA was named Trial 'pring 1996 "ong of "C'"' ~ Lawyer O f T he Year by the California Notes" is based on items received before chapter of the American Board of Trial January 15 , 1996 . Items received after that date Advocates. Rouda, a partner in the San will appear in the next iss ue. If you have news for Francisco firm Rouda, Feder & Tietj en , "Class Notes," send it along in the envelope practices personal injury and premises found in the center of this magazine. You may and products liabi lity law, as well as find the form on page 3 2 helpful. maritime and aviation law. HON . JAMES F . THAXTER i an Associate Justice of the California Court of A ppeal, CLASS OF '47 5th District, in Fresno. VICTOR A. CHARGIN , JR., has a solo practice in probate, e tate planning, and CLASS OF '61 real estate law in C upertino. ISAAC FLUSS practices workers' compensation law at Fluss & Skelton in CLASS OF '53 Santa Rosa. HON. STEVEN J. STONE HON. BRUCE R. GEERNAERT retired and HON. PETER G. STONE, who are from the Los A ngeles Superior Court identical twins, were profiled in the San after nearly 23 years of erving on the Francisco Daily Journal on A ugust 15, bench . JACK A. POLLATSEK h as 1995. Gov. Jerry Brown named Peter become of counsel to the firm of Sarra ii, Stone to a San ta C lara Superior Court Lynch & Hall in San Francisco. judgeship in 1977. In December 1982, he Pollatsek specializes in workers' named Steven Stone as Presid ing Justice compensation defense and related fo r Division 6 of the 2nd District Court employment matters in both state and of Appeal. federal forums. CLASS OF '62 CLASS OF '56 H ON. JA M ES L. S MITH is completing HON . OLLIE MARIE- V ICTOIRE, a h is second one-year term as the Presiding superior court judge in San Francisco for Judge of the Orange County Superior 15 years before her retirement, is a Court and is in his 25th year as a Judge of mediator- arbitrator for the San Rafael­ both the Municipal and Superior Courts. based alternative dispute resolution firm, Resolution Resources. CLASS OF '63 RONALD EUGENE VERNON CLASS OF '57 established a solo practice in Seattle, HON . EARL B . G I LLI AM , of the U .S. where he has been practicing family and District Court, Southern District, has personal inj ury law since 1980. been honored by the Thomas Jefferson School of Law, where the new moot CLASS OF '64 courtroom bears his name. HON. HON. STEVEN L . ABBOTT was elected CHARLES V. STONE retired after 20 C ircuit Court Judge of Monroe County, years on the Superior Court bench in Wisconsin. H e had served as Monroe Modesto. According to the Mode sto County Court Commissioner for 29 years Bee 's, October 2, 1995 article about him, and also as the C ity Attorney for Sparta he plans to hear cases as needed in and Village Attorney for Cashton. Stanislaus and other counties. JOSEPH W . COTCHETT was honored as H as tings Alumnus of the Year at CLASS OF '58 the Hastings Alumni Association's WILLIE L . BROWN, JR., former Founder's Day luncheon in March 1996. Speaker of the Assembly, was Supervisor TERENCE HALLINAN was inaugurated Mayor of San Francisco in elected District Attorney of San January 1996. He was the 1996 Marvin Francisco in N ovember 1995. TOM R. Anderson Lecturer on Founder's Day at HANFORD was honored by the H as tings. HON. MARVIN G . HAUN of California District Attorneys Association the Alameda Municipal Court was as Prosecutor of the Year in July 1995. profiled in the Los Angeles Daily Journal ROBERT H. TOURTELOT was on N ovember 14, 1995. He was appointed by G ov. Pete Wilson to the appointed to the bench by G ov. G eorge California H orse Racing Board and to Deukmej ian in 1985. Gov. Wilson's Judicial Selection

. . .. TWENTY ONE ' . . . . C LA SS N OTE S , . .

d VI ory Board fo r Lo A ngele County RONALD L . FENOLIO i Pre ident of a In October 1993. product petrochem ical import/export company ba ed in O lympic Vall ey, CLASS OF '65 California, which trade with C hina, HON . LAWRENC E G . " GARY" Japan , and the Middle East. HON . ANTOLINI was profiled in the June 21 , THOMAS C. HENDRIX was elected 1995 issue of the Daily Journal. H e wa presid ing judge for the San Diego outh appo inted to the bench by G ov. George Bay Municipal Court in December 1995. Deukmejian in 1985. H ON . E DDIE T . HON. EDWARD B . " NED" HUNTINGTON KELLE R was profiled in the Placerville was appo inted to the San Diego County Mountain Democrat on October 20, 1995. Superior Court by Gov. Wil on in He was appo inted to the bench by G ov. Dean Mary Kay Kane visited in January September 1995. H e is past President of George Deukmejian in 1989. J OHN T . with Lawrence lng, a 1966 Hastings graduate the San Diego County Bar A ssociation RON A N II I , fo rmer environmental residing in MaW. He recently receWed the and served as Vice President of the State litigation partner with Sedgwick, Detert, Hawaii State Bar's Pro Bono Attorney of Bar of California last year. MICHAEL F. Moran & A rnold, has joined the San the YeCIT Award. WILLEY retired from the U.S. N aval Francisco office of Keck, Mahin & Cate. Reserves in December 1995. He reports HON . HARRY R. SHEPPARD wa he "i still push ing paper, goin g to trial on appo inted by Gov. Pete W ilson in CHARLES C. WERDEL, who practices a few ca es, and enjoying helping clients" October 1995 to the A lameda County bu iness law with W erdel & W erdel in in his San Francisco solo practice. Superior Court. A general practitioner Bakersfield, was recently appo inted a and partner with Bell , Sheppard & Faria Trustee of the UC Berkeley Foundation . CLASS OF '68 and former deputy district attorney for Former A s istant District Attorney A lameda County, he resigned his CLASS OF '67 TERRENCE R. BOREN was appointed to directorship of BancShares Inc., RICHARD C. " DICK" ACKERMAN , the Superior Court in Marin by Gov. the largest East Bay community a Fullerton corporate attorney and Wilson in October 1995. ANTHONY T . banking company. fo rmer mayor, was elected to the MILLER was appointed V ice President California Assembly, representing the Administration and G eneral Counsel at 72nd Assembly District. HON. ROBERT American Resource Corporation in C. BRADLEY, presiding judge of the G reenbrae, California. GUY Ventura County Superior Court, was ROUNSAVILLE, C h ief Legal Counsel profiled in the Los Angeles Times on for W ells Fargo in San Francisco, was December 13, 1995. H e was appointed featured in California Law Business on by Gov. Jerry Brown in 1983. MICHAEL September 25 , 1995, for his role in Thomas R. D . BRADBURY is serv ing his fifth term as leading a crusade to diversify the Malcolm ('66) District Attorney for the County of legal profession. KENNETH A . WILSON , Ventura and is C hair of the California SR. , is general partner in Meyers, N ave, Council on C riminal Ju tice. H e lives on Riback, S il ver & Wilson and C ity a horse ranch in O jai with h is artist A ttorney for the cities of Sonoma, wife , H eid i. Healdsburg, C loverdale, and C learlake.

CLASS OF '66 T H O M AS R . MALCOLM , partner-in­ charge of the Irvine office of Jones, Day Reavis & Pogue, h as been appoin ted 1996 C hair of the Southern Califo rnia State C ommittee of the A merican College of T rial Lawyers. HON . DOUGLAS MOORE , JR. , a partner at Sedgwick, Detert, Moran & Arnold, was appoin ted by Gov. Pete Wil on to the San Francisco Superior C ourt in November 1995. JAMES M . SH I ELDS has retired after 26 year with the litigation departmen t (staff counsel) of Continental Insurance. H e was the managing attorney in Los A ngeles and David Humiston ('79), Michel F. Willey ('67), Guy Kornblum ('66), and in O range County at various times Susan Willey at the State Bar Alumni Reception in San Francisco on and the regional managing attorney for September 29, 1995. the company's Pacific region .

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CLASS OF '71 CLASS OF '72 PAUL N. CUMMINS was appointed to STEPHEN C. KENNEY, a private pilot, head the criminal division of the San practices aviation accident, products Franci co District Attorney's Office by liabil ity (non-aviation), and commercial District Attorney Terence Hallinan in li tigation law at Kenney & Markowitz in January 1996. DENNIS P. DORMAN San Francisco. His profile appeared in the joined the Board of Directors of the San Daily Journal, December 22, 1995. Diego County Bar Association. In his fi rm, Dennis Paul Dorman & Associates, CLASS OF '73 he practices in the area of tort litigation. JAMES G . BOEDECKER joined Haines HARVEY E. GOLDFINE is a Marin & Lea a a partner, where he focuses County Municipal Court commissioner. on insurance bad faith and product He wa featured in the Los Angeles Daily liability cases. Journal on October 26, 1995. Napa (Left to right) Hastings Alumni Association attorney RAYMOND A. GUADAGNI has President Brian Thiessan (,67), VWien been named the county's first-ever Weber ('95), Chris Parsons ('95), Kathy Superior Court commiss ioner, starting Sarria ('95), and Dean Mary Kay Kane chat­ and overseeing a new program to collect ted CIt ehe Honolulu Alumni Chapter rec~ outstanding debts owed to the courts. tUm in JtIIUIIJf'y 1996, which UICIS held in PAULETTE JAN IAN was elected .... fl/the tal ~ .. culmittees. Chairman of the Fresno County Bar Association Family Law Section for 1995-96. She is a partner in the law firm CLASS OF '69 of Shepard, Shepard & Janian, the oldest Assistant U.S. Attorney JOHN E. continuous law firm in Fresno County, NORDIN II was promoted to Deputy Chief in the Civil Division, and cited established in 1883 by Elmer E. Shepard, by the Los Angeles Chapter of the a Hastings graduate of 1882 and Hastings Alumni Association as the 1995 grandfather of JOHN E. SHEPARD ('48), who is presently of counsel to the Alumnus of the Year. HON. DOUGLAS firm. RON KONOVE recently retired as E. SWAGER was appointed to the California Court of Appeal, First President of the Briarcliff Manor Board of Appellate District, by Gov. Pete Wilson Education after nine years of service on in October 1995. the Board . ROLAND W. SELMAN resigned from Pillsbury Madison & Sutro to accept appointment as the Commiss ion JOHN R . BURK, who has practiced for CLASS OF '70 Counsel for the Commission on Judicial 22 years with an emphasis in resort PHILIP W. BARTENETTI was elected President of El Pueblo de Los Angeles Performance. JOHN W. WOOD recently development, real estate, and estate Historical Monument Authority. H e is a opened his own office in the Golden planning, has received the Registered principal in the Los Angeles firm C lark & Triangle area of San Diego. The practice Resort Profess ional certification from Trevithick. is devoted primarily to civil litigation. the American Resort Development Association. STEVEN H. FELDERSTEIN was elected managing partner of Diepenbrock, Wulff, Plant & Hannegan, a law firm of 56 lawyers located in Sacramento. HON. TERENCE P. FLYNN , formerly a senior litigation counsel in the U.S. Attorney's Office in New Jersey, was appointed to the New Jersey State Superior Court. H e is also an adjunct professor at Seton Hall and Joseph Deering (,71), Rutgers law schools, teaching trial Kimiko Deering, and advocacy. HON. DALE A. HAHN was Jomoa Moberly (,76) named the first Presiding Judge of the at the State Bar newly con olidated San Mateo County Alumni Reception. Municipal and Superior Courts in November 1995. ROBERT C . HELWICK was appointed General Counsel of East Bay Municipal Utility District in Oakland. MICHAEL E. KLINGLER recently joined JAMS/Endispute as a mediator and arbitrator in the San Jose office. continued next page

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ROBERT L. GALLAWAY is hair of the Ventura County Democratic Party. He was featured in the January 2, 1996 Ventura County edition of the Los Angeles Times. Health care law partner Las Vegas al1tfJ1ni gave Dean Mary GERALD M . HINKLEY moved from Kay Kane a wann welcome at the Musick, Peeler & Garrett to the an New Bar Admittees Reception on Francisco office of eattle-based Davis January 26, 1996 at CircusCif'cus. Wright Tremaine in August 1995. HON. (Left to right, top row) GTe,.", LARRY G. SAGE wa elected in June Dahl (,86), Douglas Crosby ('69), 1995 to the Sparks Municipal Judgeship, BiU Urga (,70). (Left to right, Department 2, in Nevada. He had been seated) Hon. Michael Dougfas the W ashoe County Deputy District (,74), Dean Kane, and Attorney since 1986. THOMAS STEEL, a Hayley Chambns (,93). partner with the San Francisco office of Steel, Clarence & Buckley, represe nts clients on First Amendment iss ues. He was profiled in the Contra Costa Times, September 25, 1995. PRISCILLA WHEELER joined Holtzman, Wise & RICHARD LEE , after serving six years as December 29,1995 edition of the Daily Shepard as a partner in its Palo A lto a family court judge, reentered private law Journal. TANYA M. NEIMAN , Executive office after 20 years with Stanford practice specializing in divorce and estate Director of the Volunteer Legal Services University's in-house legal department. litigation. HON. ALICE A . LYTLE , who Program, received the Distinguished She practices employment law. presides over the Sacramento County Citizen Award from the Harvard C lub of Juvenile Court, was featured in the San Francisco in June 1995. MARK F. September 24, 1995 issue of the ORNELLAS, a principal in the Stockton Sacramento Bee for her "willingness to law firm of Diehl, Steinheimer, Riggio, explore alternatives to incarceration." Haydel & Mordaunt, has been certified Gov. Jerry Brown appointed her to the as a specialist in taxation law by the Municipal Court Bench in 1983. , Board of Legal THOMAS E. MILLER, who practices Specialization. He was previously certified construction defect law, was honored by as a specialist in probate, estate planning, California Western School of Law when and trust law. He is currently serving as it dedicated its Thomas E. Miller Mock President of the North Stockton Rotary Trial Room in September 1995. Miller Club and Vice-President-at-Large for the serves on the Board of Trustees for the California Alumni Association (UC Hastings 1066 Foundation and for Berkeley). Santa C lara County Assistant California State University, Long Beach. County Counsel ANN M. RAVEL was KATHLEEN A. MU RRAY is currently elected a member of the State Bar of employed by the California State California Board of Governors in Ronald R. Ward (,76) Automobile Association, where she works September 1995. RICHARD J. in employee benefits, employment, and THALHEIMER, founder and Chair of general corporate law. The Sharper Image, the San Francisco­ based specialty retailer, was profiled in the CLASS OF '76 CLASS OF '74 San Francisco Business Times on October DAVID E. GUNN, President of the Butte HOWARD L. BLOOM , a commissioner of 13,1995. HON. BRUCE VAN VOORHIS County Bar Association, became Butte the Alameda County Municipal Court, of the Contral Costa Municipal Court was County's first court commissioner. was profiled in the September 27,1995 featured in the Los Angeles Daily Journal E. BUDD SIMPSON and LESLIE issue of the Daily Journal. He was on October 31, 1995. LONGENBAUGH left the firm of Birch, appointed by the Alameda County Horton, Bittner & Cherot to form the Municipal Court judge in 1995. SUSAN CLASS OF '75 new firm Simpson, Tillinghast, Sorensen Y.M. CHOCK'S professional empha is is RONNIE CAPLANE is a freelance writer & Lorensen in Juneau, Alaska. The firm workers' compensation and insurance in living in Piedmont. Her article, "Stacked is best known for its natural resources her Honolulu, Hawaii, solo practice. Against Love, the Untold Stories of the practice, including timber, oil , and HON. RAYMOND J. IKOLA was Demise of Law Libraries," appeared in the mining matters, plus employment law and appointed to the O range County Superior Legal Times, September 4, 1995. HON. representation of Alaska Native Court by Gov. Pete Wilson in November CAROL A. CORRIGAN , an Associate corporations. RONALD R. WARD , a 1995. HON. STEVEN JAHR presides in Justice of the 1st District Court of Appeal, partner in the Seattle law firm of the Shasta Country Superior Court. He was featured in the November 1, 1995 Levinson, Friedman, Vhugen, Duggan & was appointed by Gov. Pete Wilson in issue of the Los Angeles Daily Journal. Bland, has been honored by the October 1991. His profile appeared in the Washington State Trial Lawyers continued next page

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Association with a Special President' Recognition Award for dedication, leadership, and commitment in his work with the legal system and in community service. The association al 0 re-elected him Vice President and a member of the Board of Governors.

CLASS OF '77 JAMES D . BI E RN AT'S daughter Rebecca Marie Biernat ('98) became the third generation Biernat to enter Hastings; her grandfather, Hon. Raymond J. Arata, Sr., graduated in 1928. PATR I CIA ELLEN KUMME L , a Ph.D. candidate in counseling psychology at Columbia University, formerly a Director in the enforcement division at the New York Stock Exchange, married Leslie Jay Seifert in October 1995 in New York. Francis V. Imbomone (,7B), Dean Kane, and Tinwthy P. Prince ('90) at the CONSTANCE HEE LAU , treasurer of State Bar Alumni Reception. Hawaiian Electric Industries Inc., was named a trustee by Punahou School in Honolulu, Hawaii . Lau, a member of the professor at Hastings, was appointed by MARILYN KLINGER is a partner in the Hawaii and California state bar Mayor Willie Brown to the San Francisco San Francisco office of Sedgwick, Detert, associations, is a Director and Treasurer Fire Commiss ion in January 1996. P HILI P Moran & Arnold, where she heads the for the University of Hawaii Foundation, KAN GOTA NDA authored "The Ballad of West Coast surety practice. BRAD R . President and Director of the H awaii Yachiyo," his 13th play, which opened at M A L A MUD is President of Legal Cost Justice Foundation, and serves on the the Berkeley Repertory Theatre in Consu ltants, Inc., of Los Angeles, which boards of the Consuelo Zobel Alger December 1995. J ENN I FER L. KELLER advises companies and individuals with Foundation and the Hawaii Strategic is the 1996 President of the O range respect to legal cost containment. Development Corporation. PATRICIA A . County Bar Association, the third largest LARRY C. Russ practices at the Los " TRI SH" NUGENT, whose Santa Rosa voluntary bar in California. CRAIG G . Angeles firm of Russ, August & Kabat. solo practice emphasis is family law KLINE has joined the Los Angeles offi ce mediation, became a certified family law of Arter & Hadden. His practice includes CLASS OF '79 specialist. HON . ROGER T . PICQUET direct insurance, reinsurance, JAMES M . COLE was named special was elected Presiding Judge of the San environmental and general litigation. H e counsel by the House Ethics Committee Luis Obispo Municipal Court in is a member of the Editorial Advisory to investigate Newt Gingrich. A former November 1995. GREGORY M . Board and U.S. correspondent for the deputy chief of the U.S. Justice SULLIVAN recently joined Mayor, Day, International Law Review. Department's public-integrity section, he Caldwell & Keeton in Houston, Texas as a trial partner. His practice includes maritime, construction, and products liability litigation. Sullivan previously was a trial partner at Brown, Sims, Wise & White and General Counsel of Western Geophysical Company.

CLASS OF '78 J U L I AN R . BURNETT is a partner with the Las Vegas firm Lyles, Austin & Burnett, Ltd., where he focuses on medical malpractice. ANDREW N . C H ANG was named partner in the appellate law firm of Esner, Higa & Chang, with offi ces in San Francisco and Los Angeles. Chang runs the firm's San Francisco office. He is Vice Chair of the Stockton Alumni came out to greet Dean Mary Kay Kane at a reception at the State Bar of California's Committee on Stockton Hilton on November 30, 1995. (Left to right) Neat AUen Sawyer Appellate Courts. ROSEMARY (,94), Dean Kane, Stephen Taylor ('BO), Leslie Martin ('93), San Joaquin FERNANDEZ-RUEHL, a branch chief County District Attorney John D. Phillips, and Armando Villapudua (,94). attorney with HUD and an adjunct continued next page

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WENDY E. PASKIN JORDAN , former first lady of an Francis 0, i Manag ing Director of Montgomery A t Manage ment, an affiliate f Montgomery ecurities. DREW E . POMERANCE f Pomerance & Associates, in Los Angeles, focuses on busine litigation involving real estate, commercial, empl yment, and insurance bad faith matters. Hi profile appeared in the Los Angeles Daily Journal, September 8, 1995. MARY MALONEY ROBERTS is a partner of Corbett & Kane, the largest women-owned law firm in California, which was certified recently by the W omen & Minority Busines Enterprise C learinghouse. Corbett & Kane has offices in San Francisco and Emeryv ille.

Phil Ganong ('79), Tom FaUgatter ('73), arul Hastings A lumni Association CLASS OF '82 President Brian Thiessen ('67) (left to right), with Tom's son Ryan in the JONATHAN P . HAYDEN , a partner with backgrourul, visited at the October 1995 Bakersfi eld alumni reception. Heller, Ehrman, White & McAuliffe, was sworn in by San Francisco's Mayor Frank Jordan in July 1995 as a member of the practices white-collar-criminal defense at involving hazardous waste, as bestos, San Francisco Residential Rent the W ashington, D. C. law firm of Bryan, and toxic exposure and also mediates Stabiliza tion and Arbitration Board. Cave, McPheeters & McRoberts. and arbitrates business, construction, LEE N . PLISCOU , after meandering BRUCE R. PFAFF, after five years with insurance, and personal inj ury disputes. through the South Pacific with h is wife in Bostwick & T ehin in San Francisco and LYNNE c. HERMLE is a partner and their 28-foot sail boat, resumed his job as six with Corby & Demetrio in Chicago, head of the labor group at Orrick, directing attorney fo r California Rural celebrates his fifth year in his so lo Herrington & Sutcliffe's Silicon Valley Legal Assistance in Oxnard, where he practice, with emphas is in personal injury office, where she handles litigation and provided free legal service to migrant farm law. MATTHEW N . WHITE opened up a counseling on employment matters for workers and their families. However, new solo practice in Marin County, with major high-technology companies, desiring to sail west away from cars and emphasis in civil litigation. including Apple Computer Inc., Varian television, to embrace the courage, Associates, International Paper Co., and compassion, honesty and love they find CLASS OF '80 International Business Machines when traveling by boat, they've decided WILLIAM W . FARRER, after 14 years at Corporation. She co-authored Sexual to return to the sea, heading for a nationally recognized firm, started his Harassment in the Workplace: A Guide to Indonesia, Sri Lanka, and Africa. own law firm in San Francisco, focusing the Law, published in 1984, and runs DANTON SUNMUN WONG is now with on commercial litigation and inso lvency training programs on how to prevent Chun, Kerr, Dodd, Beaman & W ong in matter. He and his wife, Carol (Cooper, sexual harassment episodes and litigation Honolulu, Hawaii . VEE-HORN SHUAI '87), are the proud parents of three. for Silicon Valley companies. was sworn in as Pres ident of the San R I CHARD J . ROJO is Supervisor of the Marino Lions C lub in July 1995. Active Los Angeles T ort & Condemnation in the Chinese community, he is a legal Section for the Office of the Attorney counsel for the Arcadia C hinese General. He supervises approximately Association, Director of the C hinese 28 attorneys. Business Association, member of the Southern California C hinese Lawyers CLASS OF '81 Association, and Director of the High TH O MAS A . BEVILACQ U A , who chairs chool of National T aiwan Normal Brobeck, Phleger & Harrison's business University Alumni Association. and technology practice group in San Francisco, was voted on to their six­ CLASS OF '83 member executive committee. LARRY M . GOLUB practices with Barger RICHAR D A. E G GE R TH has been & W olen in Los Ange les, with empha is named head of Kaufman & Logan's on insurance coverage. LARRY C . LOWE alternative dispute re olution practice left private practice after twelve years to and partner in charge of firm join the law department at Apple development. At the San Francisco Computer, Inc., in September 1995 , law firm, he continues to pecialize in Richard A. Eggerth ('81) where he work primarily on technology environmental coverage di putes

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The Washington, D.C., Chapter of the Hastings Alumni Association hosted a reception for FCC Commissioner Rachelle B. Chong ('84) during the blizzard of 1996.

licensing and other corporate enforcement actions, and private party Latham & W atkins in its O range County transactional matters. JON C. MARTIN and government remediation proceedings . offi ce. He and his wife POT A was recently named partner at Fox, MARK WINDAM successfull y tried three ANDRITZAKIS CESNIUS (,84) are Rothschild, O'Brien & Frankel in murder cases: a triple murder death expecting their fourth child. JEFFREY S. Philadelphia, where his practice focuses penalty case, the third retrial of a kidnap KAUFMAN is the managing partner of on litigation matters involving labor and murder, and a double murder special Allen, Polgar, Proietti & Fagalde in employment, health and hospitals, circumstances trial. In every case the Merced, where he practices business and construction, profess ional malpractice, defendant was acquitted of all murder real estate law. THOMAS R . MERRITT and products liability. He has served as charges. He is currently in charge of the joined the legal team at Coldwell Banker Pres ident of the Mercer County Legal Aid W est Los Angeles branch of the Public at their corporate headquarters in Miss ion Society for the las t two years. MATTHEW Defender's Office. Viejo. C ity Councilman DAVID J . J . RINALDI was fe atured on the PANDORI , the youngest person elected to November 10, 1994 CBS broadcast of CLASS OF '84 the San Jose C ity Council, represents "Eye to Eye," concerning a major personal DEAN A. ALPER is focusing on civil downtown and adj acent areas, such as the injury case he handled. H e is a partner in litigation at A lper & McCulloch in San San Jose International Airport. He was the Oakland firm of Boxer, Elkind & Francisco. SARAH B . DAVIS is a featured in the San Jose and Silicon Valle y Gerson, which handles workers' certified family law specialist who opened Business Journal, August 7, 1995. compensation and plaintiffs' personal a San Francisco so lo fami ly law and injury cases. MICHAEL A. VACCHIO mediation practice. She had worked at CLASS OF '86 recently became of counsel at Morgan, Volunteer Legal Services Program for 2 MICHAEL D . ABRAHAM became a Lewis & Bockius. A member of the 1/2 years and remains a volunteer with shareholder at Bartko, Zankel, T arrant & Litigation Section, he concentrates on the program. JOHN LOZADA, a civil Hiller in San Francisco, where he environmental matters, including rights attorney with the U.S. Department practices real estate and business administrative, civil, and criminal of Education in Boston, was elected litigation. HECTOR J . CHINCHILLA Pres ident of the Massachuse tts was appointed to the San Francisco Association of Hispanic Attorneys for the Planning Commiss ion by Mayor Willie 1995 -96 term. WILLIAM L. MYERS Brown in January 1996. DAVID joined the Palo Alto offi ce of Morrison & COOPER, JR., is a partner with Squire, Foerster, where he is of counse l. He Sanders & Dempsey in their Columbus, practices real estate law and also focuses O hio office, where he practices corporate on the environmental aspects of real law. LAURA R. GRANT is practicing estate transactions. CELINE with G rant Schwartz in Boston , MACDoNALD ZWANG opened a solo Massachusetts. ELISHA J. LAWRENCE adoption law practice in W alnut C reek. is coordinating the Asia/Pacific A nt i­ Piracy Campaign for the Softw are CLASS OF '85 Publishers As ociation. Most recently she MICHAEL P. BURNS, who concentrates headed the Asia/Pacific anti­ on real estate and environmental counterfeiting operations of Levi Strauss counseling, became an equity partner Co. She is based in San Francisco. with Farella, Braun & Martel in San MICHAEL D. LEVIN has become the Francisco. WILLIAM J . CERNIUS is a youngest managing partner of a major San corporate and securities law partner of Francisco law fi rm, G raham & James.

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Hasting graduate in the legal department t Mi rosoft in Redmond, Wa hington. D AVID E. REESE ha been named partner at the Santa Barbara law firm of Seed, Mackall & ole. He practices in the areas of real estate transactions and financing, commercial law, secured and un ecured lending, and general busine transaction. PATRICIA S . STEPHENS is a seni r taff counsel, Workers' Compensation pecialist, at the Court of Appeal, 2nd Di trict, Los Angeles. MATTHEW R . URDAN, a construction litigator, is practicing with Gordon & Rees in San Francisco. DONALD P . WAGNER, of W agner and Lichman, assumed the office of President Alan J. Pope, Lois K. Kaye, Joseph G. Mclaughlin, Kathryn A. Gibleski, and Maya of the Board of Directors of the American L. Annour hold their own reunion for the Class of '86 at the State Bar Alumni Lung Association of Orange County in Reception in San Francisco on September 29, 1995. June 1995. KIRK E . WALLACE has joined Carroll, Burdick & McDonough as an associate in the firm's insurance He will manage the San Francisco JEANETTE E . TRAVERSO was elevated practice. He specializes in the Management Center, overseeing both the to partner at Long & Levit in San representation of insurers in complex San Francisco and Sacramento offices. Francisco. She practices professional insurance coverage, declaratory relief, and LESLIE C. LONGENBAUGH and E. liability defense. bad faith actions, as well as general BUDD SIMPSON ( ' 76) left the Juneau, defense litigation involving major Alaska firm of Birch, Horton, Bittner & CLASS OF '87 personal injuries, construction defect, Cherot to form the new firm of Simpson, ELAINE J . FONG is teaching business commercial real estate leases, and Tillinghast, Sorensen & Lorensen, known law for legal ass istants, full-time, and products liability. PHILIP B . for its natural resources practice, enjoying the student contact at Pasadena WHITAKER, who maintains a general, including timber, oil, and mining matters, City College. BARBARA A. broad-based commercial litigation plus employment law and representation GREGORATOS is a partner in the San practice, became a partner at Lee, Stegall of Alaska N ative corporations. lAIN N . Francisco office of Heller Ehrman White & Katz, P.C, in Phoenix, Arizona. He MICKLE has rej oined the Sacramento law & McAuliffe, where she practices real has been married for seven years and has firm of Orrick Herrington & Sutcliffe as estate law. JENNIFER CORSTON two children. of counsel, after practicing corporate and HAGLE and RONIE M . SCHMELZ were securities law for Fenwick & West in the made partners at Sidley & Austin in Los CLASS OF '88 Silicon Valley. DAVID W. THILL focuses Angeles. PAUL E . MANASIAN has KAREN TIETJEN ALLEN has a solo on commercial transactions and secured joined Nossaman, Guthner, Knox & practice and is a State Bar certified lending for financial institutions, as well Elliott's bankruptcy group as a partner in specialist in immigration and nationality as insolvency and loan workouts at the San Francisco office. ANNE M. law. She completed a year as Chapter Giancarlo & Gnazzo in San Francisco. MURPHY works with three other Chair of the Santa Clara Valley

David Cooper ('86) Barbara A. Gregoratos ('87) Michael N. Conneran ('88) Tami L. Graham ('88)

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American Immigration Lawyers International Expansion and Operations NIALL E. LYNCH (,91), practices Association. Presently she co-chairs the for Jack in the Box restaurants, a division insurance defense law at Gudmundson, INS California Service Center/American of Foodmaker Inc., in September 1995. Siggins, Stone & Skinner. ROBERT L. Immigration Lawyer Association Liaison ANDRES O. RICO, who had a solo MEYLAN is practicing with O'Neill , Committee. JAMES S. BROWN is a business li tigation, employment law, and Lysaght & Sun, in Santa Monica, partner in the San Franci co office of personal injury practice, changed his specializing in white-collar criminal Sedgwick, Detert, Moran & Arnold. He Sacramento firm's name to Nakagawa & defense and commercial litigation. practices employment law, representing Rico. He is the President of the La Raza LAUREN S. TAYLOR opened her solo management in all phases of employment National Lawyers Association. MANUEL practice in Santa Barbara. C . GRIFFITH litigation. BRAD CHAMBERLAIN is a SALDANA is a non-equity partner in the TOWLE is a partner at Bartko, Zankel, partner in the Oakland firm of Crosby, Los Angeles office of Bronson, Bronson Tarrant & Miller in San Francisco. Heafey, Roach & May, where he works in & McKinnon. He practices product the firm's corporate practice group. liability law . CLASS OF '90 SYLVIA P. COLON has opened a solo DIANE M . BESSETTE recently opened practice in San Jose, with an emphasis on CLASS OF '89 her solo law practice in Oakland. She fami ly law. MICHAEL N . CONNERAN DANIEL R. BLAKEY , whose practice represents women, on a sliding fee scale, became a partner with Hanson, Bridgett, concentrates on toxic torts and products in the areas of family law and appellate Marcus, Vlahos & Rudy in San Francisco, liability, has joined the Los Angeles office work. In August, she left the Staff where he represents governmental of Lane Powell Spears Lubersky. Attorneys Office of the 9th Circuit. She agencies with regard to environmental continues to teach Legal Writing and compliance, property acquisition, and Research, as we ll as Moot Court and railroad operations. GARY P. DOWNS is Appellate Advocacy, at Hastings. a partner in the Westlake Village, AARON R. BOLGATZ opened a California, law firm of Cox, Castle & storefront law office in Oakland, where he Nicholson. As a transactional attorney, "attempts to provide affordable solutions he is devoted to representation of clients to everyday problems." SHAWN M . in the real estate, financial services, and BRITTON has a commercial/business construction industries. DAKIN N. litigation practice with Taylor & Co. in FERRIS is Corporate Legal Counsel for A lameda. WILLIAM B . DAVIS has been Symantec Corporation in C upertino. named an associate with the law fi rm of JOHN D. FIERO, a commercial litigator Thompson, Hine & Flory. His practice and bankruptcy lawyer, is a partner at focuses in the area of corporate and Landels, Ripley & Diamond in the Bay securities law. LISA B. LAI is practicing Area. WILLIAM GAEDE III , a litigator in with Davis Wright Tremaine in San the San Francisco office of Cooley Francisco. PATRICK E. MEYERS and his Godward Castro Huddleson & T atum, wife Joyce had twin daughters, Stephanie concentrating in real estate and Joyce M. Cartun ('89) and Sarah, on June 13, 1993. He has a construction law, was elected partner in mergers and acquisitions practice with October 1995. TAMI L. GRAHAM joined Moye, Jiles & O'Keefe in Denver, Strasburger & Price, L.L.P., in Dallas, JOYCE M. CARTUN is a shareholder Colorado. SUSAN H. MOSK opened her Texas, one of the Southwest's oldest, with Heller Ehrman White & McAuliffe solo practice in San Francisco, focusing largest, and most respected firms. She in their Palo Alto office. She practices on family law, real estate, and practices in tax and estates, focusing on litigation, with a concentration in representation of homeowners' employee benefits and ERISA. securities and corporate governance associations. CESIDIA T. TESSICINI , a MEREDITH S. JACKSON, a specialist in matters. ROBERT L . DELSMAN has solo practitioner in Vallejo, was honored corporate law and debt financing, was joined Crosby, Heafey, Roach & May's by the AIDS Legal Referral Panel in elected partner at Wilson , Sonsini, real estate practice group in Oakland. November 1995 as Attorney of the Year. Goodrich & Rosati. SUNNY A.M. THERESA W. KARLE is an in-house M. SHANNON UNDERWOOD is a KOSHY left active duty after serving in lawyer at Capital C ities/ABC, Inc., commercial developer and commercial Seoul, Korea and Fort Campbell, advising ABC News and other print, property manager who builds concrete Kentucky, and is now serving as an cable, and broadcast clients on libel, tilt-up manufacturing and distribution Assistant U.S. Attorney in Nashville, privacy, news gathering, FCC, and warehouses at the Underwood Johnson Tennessee. MARGUERITE E. MEADE copyright iss ues. She lives in N ew York Group in Woodinville, Washington. practices personal injury and employment with her husband and two sons. KAREN JAMES B. WILEY was featured in the discrimination law at Gwilliam, Ivary, E. KIRBY , a civil defense attorney for September 7, 1995 Sacramento Bee for Chiosso Cavalli & Brewer in Oakland. McGlynn, McLorg & Ritchie in San co-chairing the fund raising for the COLLEEN ANNE PECK was elevated to Francisco, was inducted into the T erra third annual Fairy tale T own After Hours partner at Cooley Godward Castro Nova Hall of Fame at her alma mater, in Sacramento. Huddleson & T atum. She is a Palo Alto Pacifica High School. THERESA H. intellectual property litigator specializing LAZORISAK practices insurance coverage CLASS OF '91 in trademark prosecution. TIMOTHY A. law at Selman Breitman in San Diego. SHARI L. ALLISON , an associate PICKWELL was appointed Director of EVE FELITTI LYNCH , married to attorney at the Las Cruces, New Mexico,

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. T WENTY NINE ' offIce of ager, urran , turges & Tepper, P. ., announced the hirth of her son , athan John, in 0 cember 1995. he was for merl y a special a si tant attorney general with the ew Mexico Department of Human evices, C hild upport Enforcement Di vision. SHAUNE B. ARNOLD , a financial advisor in downtown Los Ange le with Prudential ecurities, Inc. , says, " all me! Let's do lunch!" JENNIFER BECKETT joined the litigation department of Crosby, H eafe y, Roach & May in O akland, where he concentrate on insurance law. BIRGIT A. DACHTERA has joined the litigation department of Crosby, Heafey, Roach & May in Oakland, where she concentrates on insurance and Sharon A. Godbolt (,91), Joseph C. Melino (,65), in the background, and Kent environmental/toxic law. R EYNALDO A . J. Tobin (,94) at the Dean's Reception at the San Jose Law Offices of Peter J. D URAN handles commercial litigation Brock ('88) on October 18, 1995. and general business matters dealing with Latin America at Berliner & Cohen in an Jo e. Kauffman in Bozeman, Montana. They PATRICIA SCOTT is an associate with handle trial, appellate, real estate, Gordon & Rees in San Francisco. business, and tax matters. JOHN C . JENNIFER VAN DER HEIDE practices KOENIG is Corporate Counse l and federal Indian law at California Indian Secretary of NCUBE, a Foster C ity Legal Services in Oakland. DAVID S. computer company owned by Lawrence J. WR I GHT has a so lo practice in Ellison of O racle. PAUL LECKY is an immigration in San Francisco. associate at Preu s W alker & Shanagher in San Francisco, where he practices CLASS OF '93 product liability law. M I CHELLE E . LOUISE J. ( BRODERICK) BELLE LENTZ NER, who practices commercial opened a so lo practice in Santa Rosa, and intellectual property litigation at where she emphas ize civil litiga tion in Holtzmann, Wi e & Shepard, and her real estate, construction defect, and husband are the proud parents of a baby business disputes. LAURA JANE COLES boy, Joel Eitan, born in September 1995. joined the litigation department of EDWARD R . STEPANS joined the new Oakland's Crosby, Heafey, Roach & May, an Francisco firm Wolkin & Timpane in where she concentrates on insurance and Andrew G. Giacomini (,91) May 1995. JONATHAN B . TEPERSON products liability law. STEPHANIE M . opened Marquez & Teperson, a civil COOPER practices with Last & Akay in litiga tion firm located in Pasadena, in San Francisco. LAURA R. ( SHERMAN ) January 1995. He was married in EIG is a trial attorney with the A NDREW G . GIACOM IN I was featured February 1994. Department of Justice, Immigration & in the October 26, 1995 is ue of the Naturalization Service in Miami Beach, Marin Independent Journal for winning CLASS OF '92 Florida. PHILIP A . GINSBURG was a 3 million jury verdict for his client, a EMIL C . CHANG practices intellectual awarded the State Bar of California's "mom-and-pop" company, again t a property law at Bronson, Bronson & Wiley W . Manuel Pro Bono Services national corporation. H e is an associate McKinnon in San Jose. TODD B. GARY Award. H e is an advocate on behalf of member of the San Francisco law fi rm joined the new San Franci co firm of public employee associations and of Hanson, Bridgett, Marcus, Vlahos & Wolkin & Timpane. CHARLES W . individuals on a wide range of public Rudy. DAVI D M . GLITZER was recently HOKANSON i an as ociate with sector labor and employment issues. He is named contributing editor and house Sonnenschein, Nath & Rosenthal in Los a Tony Patino fe llow. JOHN. Z. coun el of Blender Magazine, the first Angeles. ADAM D . Ross practice HOLTRICHTER earned his LL.M. in CD-ROM magazine. SHARON A . intellectual property litigation at Collier, International & European Law from the GO D e O L T is the Executive Director of Shannon, Rill & Scott in Washington , University of Leiden, in the Netherlands, the anta C lara County Black Chamber D.C. SHERYL I. SCHRAGER opened a passed the California and New York state of Commerce. he was featured in the solo practice in Southern California, bars, and is presently clerking for the San Jose City Times, November 29, 1995. where he practices general civil litigation Hon. A. Andrew Hauk, U .S. District Former Montana Public Defender and bankruptcy law, including per onal Court, Central District of California in J OH N M. K AU FFMA N and two other injury and employment discrimination. Los Angeles. lav.ryer founded Kasting, Combs &

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LESLIE BARANCO MARTIN is a deputy second year doctoral student in the Stockton Misdemeanor Team in the San district attorney on the Misdemeanor Department of Government, Cornell Joaquin District Attorney's Office. Team at the San Joaquin District University, Ithaca, New York. ANDREW JANICE B . WEINTRAUB, a member of Attorney' Office - Economic C rimes D. GARELICK is a second-year associate the bar in New York, California, and Unit. SUSANNE L . MELIN E completed with Orrick, Herrington & Sutcliffe in Connecticut, is now engaged in the her clerkship with U.S. Di trict Court Los Angeles. His wife, NANCY aDOM general practice of law with Morris D. Judge Dickran T evrizian in Los Angeles GARELI CK, is a second-year associate Weintraub in New York. and has joined the Los Angele office of with Adams, Duque & Hazeltine in Los Jones, Day, Reavis & Pogue. She recently Angeles. EVA G u o is a Deputy Public was married to John Francis. ALISON L . Defender in C lark County, Nevada. PATTON joined the law offices of James R OBERT J. H I NRIC H S , a technical P. Preovolos in San Francisco, an director at Internet Services, l.S.L., in association of attorneys specializing in Lincoln, Nebraska, married last May. family law. She started a so lo practice as P A TRI C I A A . H U EBSCH M A N has a part of the association. SANDRA L . general practice with German & German SMITH was awarded the Attorney in Spring Lake, Michigan. J ENNIFER M . General's Award for Excellence in Legal KERN practices civil-rights law and Services by Attorney General Daniel volunteer mediation with the firm of Lungren in December 1995. She practices Moore & Moore in Oakland. She is also a employment, government, and board member of the American C ivil administrative law with the Office of the Liberties Union of Northern California. Attorney General in Oakland. Both Her article, "It Can Happen to Anyone," GRACIELA P . VALENZUELA and her appeared in the October 1995 Ladies husband are deputy public defenders in Home Journal. BRIAN D . McALLISTER Los Angeles. CHARLES A . WILLMES focuses on international project finance practices insurance defense at Northcraft and mergers and acquisitions at Rogers & & Tierney in Seattle, W ashington. W ells in Los Angeles. RUSSELL C . MARK F . WORTHINGTON has been PANGBORN is an associate with Fulwider, clerking on the 4th Circuit for two years Patton, Lee & Utecht in Long Beach . and will be an associate at Davis Wright ANNA M . PARK, who now uses her Tremaine in Seattle. married name, Anna Park Kang, practices municipal law and civil litigation at CLASS OF '95 CLASS OF '94 Burke, Williams & Sorensen in Los NICOLE M . BERGERON was appointed STEVEN P. ALLEN is married and has a Angeles. JEANNINE D. Yoo SANO is a Executive Director of Mid-peninsula son, Garrett Skjonneberg Allen, who was second-year associate with Wildman, C itizens for Fair Housing and will lead the born January 1, 1995. KEEVA G . COE Harrold , Allen & Dixon in C hicago, Palo Alto and Fremont offices in their . joined the Sacramento office of Marron, lllinois. Her 1995 wedding party consisted ongoing efforts to prevent and address Reid & Sheehy as an associate in June of fellow graduates RUSSELL c . housing discrimination in the Silicon 1995. She practices transactional real PANGBORN, CHARLES W . Valley. She is a T ony Patino Fellow. estate and business law. DAVID A. HOKANSON (,92) , NANCY GARELICK, DAVID M . CALL placed third in the ELI GATOR practices litigation at and PATRI C I A SCOTT (,92). SANDRA Arizona State Bar examination conducted Pillsbury Madison & Sutro, LL.P., in San J . SHEPARD is now staff counsel at inJuly in Tuc on. MART HA V . Francisco. CARL A . FALSTROM is a Mindscape, focusing on transactional HOWTON is an Associate in the San multimedia law and contract law for the Francisco office of Fisher & Phillips, an large Novato software compan y. ALEXA Atlanta-based labor and employment J . SM I T H recently completed an LL.M. firm . MARK L . KEAM specializes in degree at Harvard Law School. She administrative litigation and received a fellowship from Harvard Law communications law at the Federal School to work in Capetown, South Communications Commission in Africa, ass isting in the development of Washington, D.C. TAMARA L. strategies to encourage public and private P HILLI P S has a 0 10 practice in Berkeley, organizations to hire black South African where she focuses on criminal writ and lawyers. She also presented a paper on appeals. HUSSEIN M. SA F FOURI is an women's human rights at the United associate at Bartko, Zankel, T arrant & Nations Fourth World Conference on Miller in San Francisco. TIMOTHY L. Women N.G.O. Forum in Beij ing, China. SMITH is working for the law offices of She is currently the Reginald F. Lewis Barbara Rae-Venter in Menlo Park as an Fellow at Harvard Law School, where she associate, concentrating on patent law. is researching corporate governance PRISCILLA M. VAN ZAK is an iss ues. ARMANDO G . V I L L APU DU A and associate in the San Francisco office of Nicole M. Bergeron ('95) N . ALLEN SAWYER are working as Robins, Kaplan, Miller & Ciresi, where deputy district attorneys assigned to the her practice focu es on general civil continued next page

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htiganon and in urance law. VIRGINIA R. VILLEGAS is a \'olunreer in th Je uit olunreer orps: Southwe t. The volunteers li ve and work among the poor during their year of ervice with the largest and olde t Catholic lay volunteer program in existence.

RUSSELL T. BIOLLEY (,SS) WILLIAM]. K EOUG H (,52) JENNIFER BREMER ('79) PATRICK A. MEISTRELL ('72) GEORGE Y. CHINN ('53) M ADELYN L UKELA PERRY ('SO) M ORGAN G . DoYLE (,SO) EDWARD F. POWER (,S7) ROGER A. FERREE (,6S) L OTHROP EDWARD SMITH (,3S) M ARTIN FIELD ('40) SAMUEL T ENENBAUM ('61) ALFRED J. GUETLING ('49) CARL E. ULRICH, JR. ('65) PETER R . H OLMES ('52) JAY H. WARD (,67) MILTON L. H UBER ('39) RICHARD S. WILKINS ('48) LELAND P. JARNAGIN ('66) VICTOR W. WINKEL ('6&5)~~~1I

• You NEVER WRITE,

You NEVER CALL

Name ______

Address ______ust like Mom, we'd like to know what you've been up to lately. Use this convenient form to update us on your City ______State _____ Zip ___ activities and we'll include it in our Class Notes section in an upcoming issue of Hastings Community. Phone ( ______Grad Yr. ______Even if you're not into show,and,tell, we could use the data to update our alumni records. In particular, we need Your Professional Emphasis ______information about your professional emphasis. This comes in handy when we are asked for referrals from other attorneys Firm or COmpany ______Business Phone ( and to assist us in matching students with prospective alumni mentors/advisors. Or we may just want to invite you to some, Address ______thing of special interest to you. You never know. City ______State______Zip ___ Return this form to: Hastings Community c/o College Relations News ______200 McAllister St., Room 209 San Francisco, CA 94102 or fax to (41 5 ) 565,4863. Thanks!

.... T HIRTY T wo' .. .

MAY 6 Alumni Lunch in Santa Fe, NM

MAY 6 Dean's Reception in Albuquerque, NM

MAY 7 Dean's Reception in Phoenix, AZ

MAY13 Dean's Reception in New York, NY

MAY14 Dean's Reception in Washington, D.C.

MAY19 Commencement

JUNE 7 Dean's Reception in Boise, ID

JUNE 13-15 College of Advocacy for Business and Criminal Law

JUNE 20-22 College of Advocacy for Personal Injury Law

JUNE 28 Alumni Reception in Sonoma County

JULY 14 Incoming Students' BBQ in Los Angeles

AUGUST 5 ABA Alumni Reception in Orlando, FL

OCTOBER 5 Reunions '96 C lasses of '30s, '40s, '51 , '56, '6 1, '66, '71 , '76, '8 1, '86 OCTOBER 19 A ttorneys General Forum Check your mailbox for these upcoming alumni events : JULY Incoming Students' Receptions

Contact the Office of College Relations for information about these and other alumni events at 415/454·4615. HASTINGS

Director of Alumni Relations Chair judy Lane john T. Knox ('52)

Director of Hastings 1066 Founclation Vice Chair u:anne Needles Hon. William R. Channe ll ('49)

Director of Public Affairs! Maureen E. Corcoran ('79) EdJtor, Hastmgs Communtty Eugene L. Freeland (' 5 I ) Susan ScOtt jan Lewenhaupt Kneeland H. Lobner ('44 ) Design james E. Mahoney ('66) PatrICia Walsh DeS ign Hon. Blaine E. Pettitt ('41 ) john A. Sproul Phowgraphs Damel D,on Directors Emend judy Lane Ralph antlago Abascal ('68) Patry Moore Hon. Marvin R. Baxter ('66) jeff Munroe joseph W. Cotchen ('64) usan ou Myron E. Etienne, jr. (,52) Raymond L. Hanson ('36) Pnnang Hon. loIS Haight Herrmgton ('65) Amencan Lithographers, Inc. Max K. jamison ('45) Hayward, Calif.

Hasangs Commwut) IS published three times a year for alumni and fnends of the CoII~e. Matenal for "Class Notes" and correspondence IS always welcomed and should be addressed to the editor at 200 McAllISter treet, an FranCISCO, CA 94102.

Pnnted on Recycled Paper ®